You would have a hard time finding a single divorce lawyer in the United States who did not hear about cheating spouses leaving digital evidence on a daily basis. After all, with today’s smartphone technology, we’re virtually attached to our phones. Few people leave their phones in their cars on purpose – many people won’t walk from one room to another without their phone by their side! It’s our ...
A marriage unravelling can be highly emotional, especially if infidelity is involved. Without a firm grasp of California’s divorce laws, an innocent spouse who’s been cheated on often thinks that a cheating husband or wife won’t be entitled to alimony, which is called “ spousal support ” in California. Sure, this might be true if the couple lived in say, Texas, but this is not the case in ...
When social media arrived on the scene, it seemed like a dream come true. Suddenly, it was easy to “connect” with friends and family from all over the world. People could share photos, comment on each other’s posts, find old friends, and reignite old flames. Little did we know back around 2009 and 2010, but social media would eventually play a critical role in breaking up marriages and steering ...
Are you considering adopting your stepchild? If so, that is wonderful and your stepson or stepdaughter is very fortunate to have you in their life. As you probably know, legally adopting your stepchild goes beyond marrying their mother or father. Once you legally adopt your stepchild, you become the child’s legal mother or father. Adoption means you become legally responsible for the child’s ...
Are your children refusing to see you? When you do see them, do they act very uncomfortable around you? Have your children gone from showing love and affection to acting like they do not want to be anywhere near you? If your answer is “yes” to any of these questions, you may be on the receiving end of parental alienation syndrome (PAS). The American Psychological Association defines PAS as: “A ...
In California, both parents are expected to financially support their child. If an unmarried couple breaks up, or if a married couple divorces, the parents’ legal obligation to support their child does not end. Child support is the money a court orders a parent to pay each month to support their child or children. In California, child support can be ordered as a part of a variety of cases, such as ...
In California, parents are expected to pay child support until their children turn 18, or graduate high school, whichever happens later. But what if a child has special needs; for example, what if a child has autism, down syndrome, or another disability? Do the same rules apply, especially if the adult child with special needs is incapable of supporting himself or herself? Before we jump into ...
In all states, both parents are expected to financially support their children until they reach the age of 18 or graduate high school, whichever comes later. And in some states, such as New York, parents pay child support until their children turn 21. It is very difficult these days for parents to escape paying child support. In California for example, the higher-earning parent can be ordered to ...
We’re all familiar with families where the mother and father held off on their divorce until their children graduated high school and went off to college. Sometimes, no one knew the couple was unhappy and the divorce came as a shocker. Other times, those inside the couple’s circle knew the marriage was broken and they weren’t surprised when they heard the news of the divorce. If you are unhappily ...
You don’t usually hear people utter “pregnancy” and “ divorce ” in the same sentence, but in reality, it’s a common situation for married couples in Orange County and the rest of the nation. Though California does allow women to proceed with their divorces while they’re pregnant, some states don’t allow divorces during pregnancy at all. And divorcing in California during a pregnancy is not ...
After a couple divorces , it’s not uncommon for circumstances to change...sometimes things change a lot. One issue that frequently arises after a divorce is the notion of moving away to another city, another county, or another state. People move all the time and there’s no reason why a divorced parent might not want to move as well. Often, a divorced spouse wants to move because they are ...
When social media arrived on the scene, it seemed like a dream come true. Suddenly, it was easy to “connect” with friends and family from all over the world. People could share photos, comment on each other’s posts, find old friends, and reignite old flames. Little did we know back around 2009 and 2010, but social media would eventually play a critical role in breaking up marriages and steering ...
If you live in Newport Beach or anywhere in South Orange County, prenuptial agreements are common in these parts. Few OC residents blink an eye these days when their fiancé mentions drafting a prenup before the wedding. You may have heard of an occasional prenuptial agreement being thrown out in court – though rare, this does happen once in a while. For example, in 2013, a Long Island woman’s ...
It’s no secret that financial problems have broken up thousands of marriages over the years, so it’s no wonder why the words “bankruptcy” and “ divorce ” often go hand-in-hand. If you’re thinking about filing bankruptcy and divorce, you’re probably wondering which one comes first – a valid question indeed. If you do end up filing bankruptcy and divorce , the timing of each filing will be critical ...
It’s no secret that financial problems have broken up thousands of marriages over the years, so it’s no wonder why the words “bankruptcy” and “ divorce ” often go hand-in-hand. If you’re thinking about filing bankruptcy and divorce, you’re probably wondering which one comes first – a valid question indeed. If you do end up filing bankruptcy and divorce , the timing of each filing will be critical ...
As an Orange County divorce firm located in Newport Beach, California, we’re the first to say there is a lot of wealth in South Orange County. Because of this, our clients are no stranger to wasteful dissipation of marital assets or “dissipation of assets” in their divorces. Some divorcing couples in Orange County manage to have collaborative divorces; they stay out of court and walk away with a ...
Statistically, about half of all first marriages in the United States end in divorce and the divorce rate is even higher for second marriages. Since second marriages are often dealing with child support, ex-husbands and wives, and blended families, this additional stressor (a previous marriage) could play a role in the high rate of divorce in second marriages. If you’re a parent who is headed ...
We’re all familiar with families where the mother and father held off on their divorce until their children graduated high school and went off to college. Sometimes, no one knew the couple was unhappy and the divorce came as a shocker. Other times, those inside the couple’s circle knew the marriage was broken and they weren’t surprised when they heard the news of the divorce. If you are unhappily ...
Our office may be located in Newport Beach, California, a beautiful city with multi-million dollar homes at every turn, but that does not mean Newport Beach residents are free of domestic violence. Domestic violence is in all communities. It’s weaved into the fabric of every race, religion, and socio-economic class. It is not limited to the poor and uneducated. In many cases, domestic violence is ...
The California Courts define domestic violence as “abuse or threats of abuse when the person being abused and the abuser are or have been in an intimate relationship.” By an intimate relationship, the court means people who are married, domestic partners, dating or dated in the past, closely related through blood or marriage, have a child together, or who live together presently or who have in the ...
At Burch, Coulston & Shepard, LLP, our one and only focus is family law . Throughout the years since our founding in 2005 – we have 130+ years of collective legal experience – we have built a strong reputation as an honest, trustworthy, and focused Newport Beach family law firm that truly does put clients first and foremost. Due to our dedication and excellence, Attorney Journal, Orange County ...
When it comes to child custody , there is one thing that is constant: Things change. This means the child custody arrangement that parents establish originally as a part of a divorce , legal separation, or paternity action, will most likely change at some point. Why do child custody arrangements change? Because families change. Divorce spouses remarry, they relocate for their jobs, they move away ...
If you’re seriously considering filing for divorce , you might want to do it before the year ends, depending on whether you will likely pay alimony or receive it. Starting January 1, 2019, the Tax Cuts and Jobs Act—passed by Congress and signed into law by President Trump this past December—eliminates a 75-year-old tax deduction for alimony payments. As of right now, if your divorce decree or ...
In the United States, there are fault-based divorces and no-fault divorces. With a “fault divorce ,” one spouse is accusing the other spouse of wrongdoing and they are saying that the other spouse’s misconduct led to the demise of the marriage. Fault-based divorces are usually filed on behalf of one of the following grounds: Adultery, Abandonment, Cruel and inhumane treatment, Incarceration in a ...
Are your children refusing to see you? When you do see them, do they act very uncomfortable around you? Have your children gone from showing love and affection to acting like they do not want to be anywhere near you? If your answer is “yes” to any of these questions, you may be on the receiving end of parental alienation syndrome (PAS). The American Psychological Association defines PAS as: “A ...
Let’s say you’re a warm, loving parent who wants nothing but the best for your children. They are your entire world and you can’t imagine life without them. Unfortunately, things between you and your spouse didn’t work out and you both decided it’s best to go your separate ways. Upon separation, things suddenly took a turn for the worse. Bitter and angry towards you for whatever reason, your ...
When a married woman becomes pregnant, the law automatically assumes her husband is the child’s biological and legal father. But when a child is born to unmarried parents, paternity must be legally established before the father can have any rights and responsibilities toward his child. What does “paternity” mean exactly? It means to officially establish a child’s legal father. Until paternity is ...
You don’t usually hear people utter “pregnancy” and “ divorce ” in the same sentence, but in reality, it’s a common situation for married couples in Orange County and the rest of the nation. Though California does allow women to proceed with their divorces while they’re pregnant, some states don’t allow divorces during pregnancy at all. And divorcing in California during a pregnancy is not ...
Paternity means to establish who the legal father of a child is. If parents are legally married when their child is born, the law presumes the woman’s husband is the child’s biological and legal father, but when the parents are not married when the child is born, paternity must be established before the father has any legal rights or obligations toward his child. When a child is born to unmarried ...
If you are headed for divorce and you have minor children with your spouse, a child support order will be an important aspect of your divorce . However, what a lot of parents don’t know is that child support orders are not only subject to change, but they are typically changed at least once, if not multiple times following a divorce. Why are child support orders frequently changed? Because, over ...
If you live in Newport Beach or anywhere in South Orange County, prenuptial agreements are common in these parts. Few OC residents blink an eye these days when their fiancé mentions drafting a prenup before the wedding. You may have heard of an occasional prenuptial agreement being thrown out in court – though rare, this does happen once in a while. For example, in 2013, a Long Island woman’s ...
If you’re reading this, you’re probably wondering: “Is it possible for me to write my spouse out of my will, or can I somehow disinherit them?” This is not an unusual question, especially in Newport Beach and parts of South Orange County where it’s not uncommon for both spouses to bring a significant amount of assets into their marriage. Can you write your spouse out of your will? No, not exactly. ...
If you live in Newport Beach or anywhere in South Orange County, prenuptial agreements are common in these parts. Few OC residents blink an eye these days when their fiancé mentions drafting a prenup before the wedding. You may have heard of an occasional prenuptial agreement being thrown out in court – though rare, this does happen once in a while. For example, in 2013, a Long Island woman’s ...
If you’re reading this, you’re probably wondering: “Is it possible for me to write my spouse out of my will, or can I somehow disinherit them?” This is not an unusual question, especially in Newport Beach and parts of South Orange County where it’s not uncommon for both spouses to bring a significant amount of assets into their marriage. Can you write your spouse out of your will? No, not exactly. ...
Contrary to popular belief, prenuptial agreements are not just for the extremely wealthy. These days, these legally-binding contracts are becoming increasingly popular, especially among people who’ve been through a divorce before. While prenups are essential for high net worth individuals, they are also valuable to budding entrepreneurs, business owners, and people with children from a previous ...
It’s no secret that financial problems have broken up thousands of marriages over the years, so it’s no wonder why the words “bankruptcy” and “ divorce ” often go hand-in-hand. If you’re thinking about filing bankruptcy and divorce, you’re probably wondering which one comes first – a valid question indeed. If you do end up filing bankruptcy and divorce , the timing of each filing will be critical ...
If you’re getting a divorce in Orange County or anywhere else in California, it’s very important that you have a firm grasp on how property is divided in a California divorce. Because the cost of making a mistake can be high, you should consult with a skilled and experienced divorce lawyer before filing for divorce, especially if you have significant marital assets or debt. California is called a ...
When it comes to dividing marital property in divorce , the United States uses two models: The equitable distribution model and the community property model. In California, we are one of a handful of states that use the “community property model.” Under the community property model of distribution, all assets acquired during the course of the marriage are marital property and owned equally by both ...
When social media arrived on the scene, it seemed like a dream come true. Suddenly, it was easy to “connect” with friends and family from all over the world. People could share photos, comment on each other’s posts, find old friends, and reignite old flames. Little did we know back around 2009 and 2010, but social media would eventually play a critical role in breaking up marriages and steering ...
For a large percentage of Americans between the ages of 13 and 60, social media has become a way of life. Few of us let a day pass without checking our Facebook and Instagram accounts. In fact, social media has played a large role in divorces as spouses have connected with “old flames” and met new ones online. If you’re on the road to divorce, it’s important to be cautious on social media because ...
When social media arrived on the scene, it seemed like a dream come true. Suddenly, it was easy to “connect” with friends and family from all over the world. People could share photos, comment on each other’s posts, find old friends, and reignite old flames. Little did we know back around 2009 and 2010, but social media would eventually play a critical role in breaking up marriages and steering ...
In May, we published, “Shocking Things About Divorce Part 1.” This month, we’re publishing the second part in this series to help inform readers about California divorce. Here, we discuss five more “shocking” things about divorce that most of our first-time divorce clients are not aware of. If you have further questions about the divorce process, we invite you to contact our firm to request a free ...
If you’re headed toward divorce , you probably have questions about spousal support. Is it automatic in all California divorces? How long does it last? Under what circumstances is it awarded? To help you get a better understanding of how spousal support works in the state, we provided a list of frequently asked questions. If you have further questions, we invite you to contact our firm to schedule ...
Are you considering adopting your stepchild? If so, that is wonderful and your stepson or stepdaughter is very fortunate to have you in their life. As you probably know, legally adopting your stepchild goes beyond marrying their mother or father. Once you legally adopt your stepchild, you become the child’s legal mother or father. Adoption means you become legally responsible for the child’s ...
