Los Angeles Divorce Lawyer Blog

Sean Penn told reporters recently that ex-wife Robin Wright took half of everything he had as a result of the end of their 14-year marriage, the New York Daily News reported.

Our Los Angeles divorce lawyers frequently report on the equal division of marital property as the result of a no-fault divorce in California. Another significant factor is whether the marriage was short-term, defined as less than 10 years, or long-term. Communal property findings can be more common in long-term marriages. The length of the marriage can also determine amount and length of spousal support.

Spousal support in a short-term marriage, when granted, is generally for half the length of the marriage. In a long-term marriage, no termination date for spousal support is set and such payments can be opened ended. This is one of the reasons you see celebrity couples -- like Tom Cruise and Nichole Kidman -- divorce near the 10-year mark.

Property division in a Los Angeles divorce can be complicated by identifying what is a marital asset. For instance, perhaps a spouse bought a house just prior to marriage but the majority of mortgage payments were made by both parties. Or perhaps that house is significantly underwater as a result of the real estate meltdown and is not an asset at all but a liability that needs hung around someone's neck.

Retirement accounts, child support and health insurance are also frequently at issue as a result of a California divorce. The state's no-fault divorce law does not mean an equal split is imminent. But it could mean your biggest fault is failure to consult with an experienced attorney as early as possible in the divorce process.

Continue reading "Sean Penn says divorce cost him half -- Los Angeles divorces involving long-term marriage often complicated " »

A recent article in the Huffington Post explores an issue seldom mentioned in divorces involving children -- usually only one parent wants to divorce, leaving the other with no choice but to reluctantly enter dissolution or divorce proceedings.

Consulting a Los Angeles divorce lawyer or child custody attorney is nevertheless vital to protecting your rights and your future quality of life and financial well-being, not to mention your relationship with your child. Frequently, the partner seeking divorce has done his or her homework. Failure to do likewise can result in consequences that you will be dealing with for years to come.

Author Judith Wallerstein, founder of the Center for the Family in Transition which bears her name, notes that the resulting hurt feelings are often responsible for much of the animosity and legal wrangling sometimes present in a divorce. When each side hires professional, competent divorce counsel (which is essential to protecting your rights anyway) some of that emotion can be removed from the equation. It can also help prevent children from becoming a pawn in such bitter disputes.

Wallerstein notes that no-fault divorce is a legal concept, not an emotional one. But as a legal concept it works just fine with appropriate legal advice. No-fault divorce in California means each party is entitled to half the marital assets. Your attorney should be invaluable in helping you determine what should be considered marital assets. Retirement savings? College degrees and their earning power? He or she will also assist you in determining what is a fair-market value and a fair and equitable division.

While an experienced lawyer cannot take all of the emotion out of the equation, he or she should be able to help shield you from the disruption and consequences of such emotions, while working to ensure you are treated fairly by the process, whether or not the divorce was of your choosing.

Continue reading "One-sided divorce in Los Angeles often a consequence of one party's wishes" »

Divorces are on the rise in the Southwest China province of Sichuan, and the devastating Wenchchuan earthquake of 2008 may be to blame, according to an article in Asiaone.

Our Los Angeles divorce lawyers understand that stress can contribute to divorce, and certainly an earthquake qualifies. Somewhat ironically, however, is the impact the economic downturn of the past few years have had on divorce rates: There is some evidence the number of divorces have declined slightly as couples struggle to remain financially solvent.

According to the Chinese Ministry of Civil Affairs, the Sichuan province topped the list of people getting divorces in China this year, with 102,596 divorces. Last year, Sichuan ranked 7th nationally.

Social mobility is a contributing factor. Each year, millions of young workers leave the province in search of better jobs, often leaving their spouses behind, leading to divorce-cause family rifts. Other factors include contemplation of the shortness and unpredictability of life, leading to a desire to live life to its fullest, according to the article. Quite often, spouses simply do not agree on these potentially life-altering changes.

That is certainly no different than the typical reasons for divorce in the United States.

Still, this is really just a snapshot of the bigger picture: life-altering events often lead to divorce. Financial problems, the loss of a job, the loss of a loved one, recovery from addiction, and foreclosure are all factors that may lead to divorce.

The fact is, two people, even married people, do not always react the same way to life-altering events. The perceived notion that your spouse "just won't be reasonable and see it my way" can lead to deep resentments, which, if left simmering, can lead to the decision to part ways permanently.

Divorce is often the best solution to a bad situation. Life-altering events can trigger deeply-ingrained changes in belief systems, and if those changes are not compatible with your spouse, it may come down to a choice between your beliefs or your spouse.

If you are experiencing significant changes in your beliefs or desires, it's probably best to seek help, rather than wait for the next big "quake" in your life. Haste is not your friend if you are contemplating divorce. Take the time to discuss it with a legal professional and take the steps necessary to protect your future financial well-being, happiness and security.

Continue reading "Earthquakes Causing Divorces? A Case Study for Los Angeles" »

People magazine is reporting that Musician Ben Harper filed for divorce in Los Angeles from actress Laura Dern.

California's no-fault divorce law calls for an equal division of marital property. Thus, many divorces are won or lost in determining what is equal and what constitutes marital property. Of particular concern in cases like this is future income or royalties from music or work performed by either party. As we discussed recently on our Los Angeles Divorce Lawyer Blog, the ex-wife of "Law and Order" creator Dick Wolf is suing for ongoing income from the television series. And Actor Michael Dogulas' ex-wife recently sued for income in connection with the "Wall Street" sequel, to which she claims she is entitled to by her divorce agreement.

For most marriages, bonus income, retirement income, inheritance and the valuation of a business and/or its future earning potential can complicate determining a fair divorce settlement.

People said Harper filed for divorce from Dern after five years of marriage, citing irreconcilable differences. Virtually all marriages in California are filed on such grounds. The law also recognizes an insanity grounds, but the practical nature of claiming irreconcilable differences makes if the default choice under California law.

The couple are seeking joint child custody of their two children. Child custody is often the most contentious issue involving divorce. Even when a couple agrees to joint custody, hashing out the details can be contentious. Additionally, it is important to include contingencies that often do not occur to either party. Who pays for medical bills? Who pays for college? What if a child desires to live primarily with one parent?

The couple married in 2005 in Los Angeles and has a 9-year-old son and a 5-year-old daughter. Despite the relatively short length of their marriage, this case illustrates a few of the complex issues that makes consulting an experienced attorney the best course of action.

Continue reading "Musician Ben Harper and Actress Laura Dern file for divorce in Los Angeles " »

There may be fault in California's no-fault divorce law after all -- at least if you try to have your spouse killed. Lawmakers are considering a change after a woman tried to have her husband killed, went to prison, and still got half their assets in a divorce settlement, ABC7 reported.

California became the first state in the nation to adopt no-fault divorce when Gov. Ronald Reagan signed the law in 1969. Either party to a marriage may file for divorce without proof of wrongdoing by a spouse. While the law dictates a 50/50 division of marital property, hiring a Los Angeles divorce lawyer is critical to protecting your rights. Defining marital property, determining whether a spouse has hidden assets, preventing a spouse from liquidating assets, and the proper valuation of marital assets are just a few of the issues that will determine whether you are treated fairly in a divorce.

In this case, the husband, who was an undercover police officer in Pomona, was going through a contentious divorce and had been awarded custody of the couple's two sons. That's when authorities say the distraught wife tried to get members of a San Bernardino biker gang to kill him. The woman was convicted and served almost two years in prison. However, under California's not-fault divorce law, she was entitled to half the couple's assets and collected about $70,000.

Now State Assemblyman Marty Block, D-San Diego, has introduced legislation to close the loophole. Thus far, the proposal has met with no opposition.

Continue reading "Closing loophole in California no-fault divorce law aimed at preventing collection in murder-for-hire plot" »