Ways Your Divorce Lawyer Will Advocate for You

If life was always easy, your divorce would be a simple matter of paperwork, and you’d be on your way to a new life. Unfortunately, relationships are rarely simple or easy, and divorces are almost always difficult. You’d love to be able to handle a divorce on your own, but this is not usually realistic.  There are too many issues that need to be resolved. A neutral third party who is knowledgeable about the divorce laws in your state is beyond helpful. There are many good reasons that you will likely want to work with a divorce attorney. Here are some of the ways your lawyer at our firm would fight for you.

Ways Your Divorce Attorney Could Advocate for You

When you are shopping for a divorce attorney, there are a few qualities you hope they will possess. Obviously, you want the attorney to be honest with you, to guide you through the process, and to be your advocate. The following are some of the ways a divorce attorney at our firm would advocate for you: 

Communication

First, your divorce attorney can communicate with the other party on your behalf. It’s difficult to get your voice heard, especially when emotions are running high. Your attorney can see that the other side hears your concerns and addresses the issues you want addressed. Your attorney will ensure that your interests are looked after at all times.

Experience and Talent

Second, your attorney can use all their experience and legal talent to help you get the results you’re after. You want an attorney who will put their knowledge to use on your case and work toward getting you the most positive divorce outcome possible.

Resources

Third, you need an attorney who will use all the resources they have to see that the divorce process goes smoothly for you. If you need mediation, your attorney will know who to call. If you need a home appraiser, your lawyer can guide you in the right direction there, as well.  Your lawyer at our firm will use every tool they possess to advocate for you. That’s their job, and they take that job seriously.

Contact a Divorce Lawyer Now

Now you understand how the attorneys at The Law Office of Laurence J. Brock would advocate for you if hired. To learn more about how a California divorce lawyer from our firm can help with your divorce case, call 909-466-7661. You can also head over to our website to get more information about our firm.

Who Can Receive “Palimony” in California?

Most people have heard of alimony, which is when one spouse is court-ordered to make financial payments to the other spouse for a designated length of time. Alimony was created to fairly allow two parties to go their separate ways. Palimony is a similar concept; however, it’s only for partners who aren’t married.

California does not allow common law marriage, but it will sometimes recognize common law marriages if they were entered into under another state’s laws. Additionally, California will sometimes recognize agreements made between two unmarried parties, such as in a cohabitation agreement.

If you and your partner have entered into a written agreement where one has agreed to provide financial support to the other should the relationship come to an end, you may be able to receive palimony payments in California.

Who Can Receive Palimony Payments?

Not every person can receive palimony payments. Otherwise, every couple who breaks up could claim the other person promised them financial support. Palimony payments originated in a court case in California where one partner claimed the other partner had promised to pay her financial support for life.

The woman stated that she had given up her own career in order to take care of her partner and support him in his career. The court decided that it will consider ordering palimony payments so long as there is evidence that an agreement was entered into between long-term partners.

Typically, the length of the relationship and evidence of financial dependence will play a role in whether you can receive palimony payments.

What Factors Does the Court Consider When Deciding on Palimony Payments?

Family court does not decide palimony payments. Rather, these types of cases are handled in civil court. The court will look at several factors when deciding whether one partner should be required to pay financial support to the other for a time.

Here are some of the factors the court might consider:

• The length of the partnership or cohabitation
• Written agreements, such as cohabitation agreements, regarding financial support
• Any types of proven sacrifices one party made for the other—for instance, giving up a career to support the other person’s career
• Sacrifices one person made to get the other person through school or to further the other person’s goals

Implied understanding between the couple may not be enough to convince the court, so it’s a good idea to have a financial agreement in writing.

Make the Call to Family Lawyer

For help receiving palimony payments or with drafting a cohabitation agreement, reach out to The Law Office of Laurence J. Brock. Not everyone believes that marriage is necessary for a loving relationship, but that doesn’t mean that one of the partners isn’t owed financial support when a long-lasting relationship dissolves.

If you believe that you are owed palimony payments, you should contact an attorney right away to discuss the options available in your case. An attorney at our law firm can be reached through the internet submission form below or by calling 909-466-7661.

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Should I Call a Lawyer Before I Tell My Spouse I Want a Divorce?

If you’ve come to the conclusion that it’s time for a divorce, you may be overwhelmed at the thought of the process. Separating your life from your spouse’s is not an easy thing to do, especially when children are involved. You may also be worried about how your spouse will react to the news.

Will they agree with the divorce and understand that the two of you are no longer good for each other? Or will they get angry and want to get even?

The truth is that you never really know how someone is going to react to the news that one spouse wants a divorce. This news can be particularly upsetting when the other spouse doesn’t want the divorce. If your spouse reacts poorly, this could mean that they will try to make you suffer.

They might try to fight you for custody of the kids, or “take you for all you’re worth.” During the divorce process, you need to be watching out for your interests. You don’t know how your spouse will handle the news, so consider contacting a lawyer before you tell your spouse that you want to split up.

How Can Your Lawyer Help You Before You’ve Filed for Divorce?

Getting your ducks in a row is a good idea before you file for a divorce. Your lawyer can advise you on what you should do before you tell your spouse the bad news. Here are some of the ways your lawyer will help you prepare for your divorce before you’ve even begun the paperwork:

• Advise you on your financial status, what financial moves to make, and what documents to gather
• Advise you on what purchases you should make and what items to sell before your assets and debts are assessed
• Help you collect any documentation you need pertaining to child custody
• Coach you on how to respond to arguments or negative situations
• Help you with decisions regarding where you will live and what property is important to you

How to Prepare for a Divorce in California

Here are a few more tips on what you should do before you tell your spouse you want a divorce:

• Don’t act like you’re single before the divorce process has even begun.
• Develop a strong support system to fall back on during and after the divorce process.
• Prepare for how you will tell the kids.
• Be realistic about your expectations.

Reach Out to a Rancho Cucamonga Divorce Attorney

Preparing for your divorce ahead of time is a smart move. It’s better to be proactive than reactive, and you will feel much better about the process if you’re prepared. It’s still bound to be an unpleasant situation, but a qualified divorce lawyer can help.

Speak with the Law Office of Laurence J. Brock to start preparing for your divorce. Fill out the online form at the bottom of this page or call 909-466-7661.

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How Tax Reform Will Affect Alimony in CA

If you are going to be filing for divorce in 2019 and expect to pay alimony, or if you are looking to modify an existing alimony order, you may be in for a surprise. Tax laws that recently took effect have made some changes to how alimony affects your taxes. Read on for more information about the changes that have recently gone into effect.

Tax Reform and Alimony in California

Because of the federal tax reform, those who pay or receive alimony may notice the following changes:

• Alimony payments used to be deductible for the payer. They are no longer deductible under the new tax law.
• The payee (the person receiving spousal support payments) used to have to report those payments as income on their tax return. The payee no longer has to report spousal support payments as taxable income.

Keep in mind that these are changes to federal tax laws, meaning state laws could have different requirements.

What Does This New Law Mean for You?

If you are the person making spousal support payments, you may want to speak to a lawyer about alternative ways of lowering your tax liability. If you are the receiving spouse, this law will benefit you, as it will lower your taxable income considerably. Keep in mind that this new law may compel the court to adjust the amount of spousal support that paying spouses will need to pay moving forward. The courts will likely take this law into consideration when making decisions on spousal support orders.

Reach Out to a Divorce Attorney

Are you in the process of filing for divorce in California? If you need help with your divorce or a related matter, reach out to a Rancho Cucamonga divorce attorney for assistance. Your attorney can help you understand how the new tax law will affect you. The Law Office of Laurence J. Brock can be reached by dialing 909-466-7661. You’re also welcome to visit our website for more details on alimony in California.

Getting a Divorce When Your Spouse Doesn’t Want To

Marriage is a complicated relationship with many ups and downs, and it’s a simple fact of life that marriages don’t always last forever. People change, they grow apart, they find they have different interests years down the line, or they do irreparable harm to one another during moments of weakness.

Whatever issues have caused you to decide that divorce is the best step for you doesn’t necessarily mean that your spouse agrees. Despite the issues in the marriage, sometimes a spouse isn’t ready to quit, or for whatever reason is willing to overlook the issues and keep trucking along.

Unfortunately for your spouse, marriage can be ended when only one party wants the divorce. You can still receive a divorce whether your spouse is ready for it or not, but you might not want to stir the pot.

There are ways to handle the situation so that your spouse can slowly come to terms with the prospect of divorce, and you can, hopefully, end the marriage without things turning nasty.

Approaching Your Spouse Regarding Your Decision to Divorce

The first thing you need to do is lay the cards on the table. You can’t just assume that your spouse is going to know that you want a divorce without spelling it out for them. You will need to ensure that they know that you are serious, and that you aren’t just threatening or trying to manipulate them.

Next, you want to give them some time to process the information. They might even be angry, aggressive, or volatile. Now’s not the time to try to resolve the situation; you need to give them time to come to grips with the ending of the marriage.

Later, you can attempt to discuss legal family matters, such as child custody, child support, alimony, and other issues.

If Your Spouse Still Doesn’t Want the Divorce

Even after you’ve given your spouse some time to process the thought of divorce, they still might not want the dissolution. You can still get a divorce. You will need to submit the paperwork to the court and have your spouse served.

How you handle the initial stages of the divorce will set the groundwork for the dissolution proceedings, so it’s important to try to be as open to communication as possible. Start with these tips:

• Tell your spouse that you’re filing the paperwork and that they will likely be served with it soon, so they aren’t blindsided when it happens.
• Tell them that they can’t change your mind about getting a divorce, but you’re happy to discuss other matters, such as how you will divide parenting responsibilities.
• Let your spouse know that you would like to avoid court, if possible, but you’re willing to try mediation, for instance.

Need Help Filing for Divorce in California?

The divorce process can be tricky, whether both parties want the divorce or not. You don’t have to go through this process without legal assistance. An attorney can help you communicate with your spouse, assist with mediation, and help you, should you need to take your divorce case to trial.

Contact The Law Office of Laurence J. Brock to get started on your divorce case. Call 909-466-7661 or send in the online contact form on this webpage.

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How Can a Postnuptial Agreement Protect You?

Most people have heard of a premarital agreement, but did you know there’s also such a thing as a postmarital agreement? It’s true, but don’t be scared. Postnuptial agreements are designed to help spouses plan for their future.

Prenuptial agreements and postnuptial agreements sometimes get a bad rap, but they can really help you. Read on to learn more about how these contracts can help resolve issues in your marriage.

What is a Postnuptial Agreement in California?

If you’re considering a postnuptial agreement, then you probably already have a basic understanding of what it is. It’s really the same thing as a premarital agreement, but you create it after you’re already married.

A postnuptial agreement is a legal marriage contract between spouses. Many people decide to get one to settle marital disputes regarding inheritances, finances, assets, debts, and other relationship issues. Why would someone want to get a marital contract after they are already married?

Consider this: You and your spouse both work full time, but you want to start a family. You want to stay home with the kids to make sure they are raised well, but you also want to make sure your financial future is secure.

You might consider a postnuptial agreement to guarantee that your finances are secure should the marriage fail someday.

It always seems strange to people to prepare for a marriage to fail, but it’s all about perspective. When you insure your home against fire and flood, you aren’t hoping that you will have a fire or flood someday; you’re simply making sure you are financially protected should one of those events take place.

Here’s another example: After you and your spouse got married, one of you receives a large inheritance. You’ve decided to get a postnuptial agreement to help outline how the money is to be spent, or saved, and to prevent future financial arguments.

Ways a Postnuptial Agreement Can Help You

Here are a few reasons that people sometimes opt for a postnuptial agreement:

• If one spouse is not financially savvy, or is irresponsible with money, the other spouse might want to get a postmarital agreement to ensure their assets are protected.
• Postnuptial agreements can also include things such as custody matters, spousal support, and child support, should the marriage end in divorce.
• The couple might decide to be financially responsible and have clear rules that respect each person’s wishes for certain property and assets.
• If there are children from a previous marriage, you might want to protect their inheritances.

Contact a Postnuptial Agreement Attorney Today

As you can see, there are many reasons you might consider getting a postnuptial agreement. Deciding what’s best can be easier when you learn about all your options by speaking with a California family lawyer. Your lawyer can advise you on the pros and cons of going forward with a postnup agreement.

To speak with a family lawyer today, simply contact The Law Office of Laurence J. Brock. You can reach us through the form below or by dialing 909-466-7661.

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Are Alimony and Child Support Taxable?

As if divorce wasn’t emotional and difficult enough, new tax laws are further complicating matters. If you are filing for divorce in 2019 and you expect to receive or pay alimony or child support payments, you need to be aware of some recent changes to tax law.

Understanding the Tax Implications of Child Support and Spousal Support

The new tax law went into effect on January 1, 2019. This law has outlined major changes to alimony payments, in particular. Here are the basics of how these laws have changed.

Alimony Payments

In the past, alimony was considered a form of income, and if you received alimony, you needed to report it on your tax return. This income was taxable, and failure to report it was a crime.

Additionally, the person who paid alimony would get to deduct it from their return. Though they may not have liked paying out alimony payments, they at least had the consolation of knowing that the payments were tax deductible. Not so anymore.

Starting January 1, 2019, alimony payments no longer need to be reported as income by the receiving spouse. Additionally, the spousal support payments are no longer considered deductible by the new tax law.

This may seem like the receiving spouse has an unfair advantage under these new rules; however, the implications could go either way. With these new rules, the person who must pay spousal support may fight harder for lower payments, because they are no longer tax deductible. This could result in less support for the receiving spouse.

This new law could also result in nastier divorce proceedings and more difficulty coming to resolutions regarding alimony payments.

Child Support Payments

As for child support payments, they are not deductible. This income is not added to the receiving spouse’s income, nor is it taken out of the payee’s gross income. To clarify, the person who pays child support must still report their gross income to the Internal Revenue Service (IRS).

They can’t subtract the child support payments (deduct them), and so in that way, the income is still taxable. In some situations, you might be entitled to a child tax credit by claiming the child as a dependent.

In general, the custodial parent (the person receiving child support payments) would be the one who gets to take advantage of the child tax credit. If that parent agrees to let you claim the child for tax purposes, they would have to sign the following form: Form 8332, Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent.

For additional questions related to the new tax law, you should contact a child support attorney.

See How a Family Divorce Attorney Can Help Resolve Alimony or Child Support Issues

There’s no question that the new tax law is going to have everyone in a tizzy, but you don’t have to navigate this new frontier on your own. Your family attorney can carefully guide you through this process so that you understand how your divorce will impact your taxes and so you can be sure that this new law doesn’t unfairly penalize you financially.

Contact The Law Office of Laurence J. Brock to get started on your case. Call 909-466-7661, or send in the contact form located down below.

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Where to Turn for Support After a Divorce

After a divorce is finalized, you might feel as if you have less support than ever. You no longer have your partner to turn to, so you might need to figure out other ways of handling issues by developing a new support system. Thankfully, there are many programs throughout California that can provide support after a divorce.

Types of Support Programs

If you are feeling down or lonely, you can turn to divorce support groups that can help you through this difficult transition. For example, DivorceCare, Divorce Support Group, and Women’s Divorce Group are just a few options that you could look into. Psychology Today has a hefty list of options to choose from. If a divorce support group isn’t what you’re looking for, you could consider one-on-one therapy sessions, which can teach you coping skills and self-care. However, if you need help with a legal matter post-divorce, you might want to retain the services of your family lawyer.

What Can Your Lawyer Help With After a Divorce?

Your family lawyer can help you with more than just divorce proceedings. For example, your attorney can help you with modifying a child custody arrangement, or ending or modifying spousal support or child support payments.

Obtain Legal Assistance Post-Divorce by Reaching Out to Our Firm

Your life is going to look different after a divorce, and it might take some getting used to, but there is support out there for you. If you need a support group, there are many to choose from that welcome new members with open arms. If you need a family lawyer to help with post-divorce issues, you have one of those, too. Get in touch with a California Family lawyer at The Law Office of Laurence J. Brock. Head over to our website or call our office at 909-466-7661.

How to Prepare for Child Custody Mediation

Child custody is a hot-button issue when it comes to divorce or legal separation. You want to spend as much time as you can with your children, and you likely don’t want the other spouse to end up with more time than you. Emotions will run high, harsh words will be exchanged, and the children could suffer as a result.

Taking your custody issues into the courtroom can be a stressful process, and the judge has the ultimate say in custody. That’s why many divorcing spouses opt for mediation.

But, will it actually work? Or, will you be unable to get what you want and end up back at square one? That depends on the situation, but with mediation, both parties have the opportunity to speak their minds in a safe and open environment.

 

Preparing for Child Custody Mediation

The only way to see whether mediation will work for you is to give it a try. If you want the very best outcome possible, then you will need to arrive at mediation as prepared as possible. How can you prove to your ex that you deserve custody of your children, and how can you show your ex’s lawyer that you are a fit parent?

You will need to bring evidence to support your position. Everyone’s goals will be different when they enter into mediation. Some might want to receive sole custody; some will be satisfied with a fair split; others might want only partial custody. Whatever your goals, you will still need to be able to prove that you have the child’s best interests at heart.

Below is a list of tips and ideas on what you should bring to mediation and how you can be prepared before entering negotiations:

• Dress appropriately. This is an important meeting and you need to take it seriously.
• Bring evidence of stable employment and income.
• Bring evidence of a stable residence.
• Have lists prepared on how you are going to care for the child, including extracurricular activities you would like your child to engage in, and plans on how you will handle childhood difficulties.
• Bring evidence that you have a support system for you and your children.
• Remember to remain calm during mediation meetings and always listen to the other side.
• When it’s your turn to speak, keep only the child’s best interests in mind and in the conversation. All other issues that took place during the marriage have no place here. Will you provide for the child and care for the child? That’s what matters now.
• If you believe the other parent is unfit to receive joint custody you need to bring proof. Show the other side that if you took your custody case to court you would most likely win.

 

Obtain Legal Assistance During Child Custody Mediation

The above are just a few ideas for how you can prepare for child custody mediation. Each case is unique and you will want to speak with a highly trained family lawyer before entering into the mediation process.

To speak with an attorney today, reach out to The Law Office of Laurence J. Brock. Call 909-466-7661 or send in the online contact form below.

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