What Can a Family Lawyer Help Me With?

Families can be wonderful. They are often your support system, your reason for doing what you do. Most of the time, families are there for each other and are able to work through problems on their own. Occasionally, families need a little outside help in resolving conflicts, especially legal problems. If you have a legal family issue, you might wonder whether you need a family lawyer. Below are some of the legal challenges a family lawyer can help you resolve.

Common Family Law Matters

A number of things may pop up of a legal nature that fall under the family law umbrella. Here are a few things you may need a family lawyer’s help with.

Divorce and Child Custody Issues

Two of the most common family issues that lawyers can help resolve are divorce and child custody cases. These cases are often contentious and outside legal help is useful. A lawyer can help resolve these cases, and it usually leads to better outcomes for all involved.

Grandparents’ Rights

Grandparents do have some rights in California regarding visitation with grandchildren. A family lawyer can help you exert your rights.

Prenuptial and Post-Marital Agreements

Legal documents can be created to set up a marriage for success and protect the financial assets of both parties entering a marriage. A lawyer can help you draft these legal documents and can protect your rights and interests.

Restraining Orders

Sometimes, relationships don’t work out. Sometimes, domestic violence can become a problem. It’s important to get a restraining order when you feel like your safety is compromised. A lawyer can help you obtain a restraining order and file it with the court.

Get Assistance from a Family Lawyer

The above are just some of the ways a family lawyer can help you. For more information, reach out to a family law firm you can trust. The Law Office of Laurence J. Brock can be reached by dialing 909-466-7661. You can also go to our website for more information about our firm.

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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Types of Alimony in California

One of the most difficult issues to settle during a divorce is determining whether alimony—also known as spousal support payments—should be made, how long they should last, and how much they should amount to. After obtaining information about your marriage, your lawyer and the court will determine a fair amount for alimony.

When you complete forms pertaining to your marital situation, assets, property, debts, children, and income, that information will be used to decide whether alimony should be ordered and which type is best for your situation.

Different Types of Alimony in California

There are many different types of alimony in California, and which type will be ordered in your case—if at all—will depend on the specifics of your marriage.

For example, if you were married for a very short time, the court might only award you rehabilitative alimony, which allows you time to find a job and support yourself. At that point, the alimony would be discontinued.

Other situations might require permanent alimony. For example, if a couple had been married for thirty years, and one of the spouses never worked because he or she was a stay-at-home parent and homemaker, the court might order that alimony be paid to her for life.

Every case is unique as every marriage and financial situation is unique. Your lawyer can go over alimony in more detail, but below you’ll find some information on each type of alimony in California:

• Temporary Alimony – This alimony type is paid from one spouse to the other during the time period in which they have filed for divorce, but it has yet to be finalized.
• Rehabilitative Alimony – This alimony type is paid to one spouse until he or she has found a job and is able to be self-supportive.
• Permanent Alimony – Permanent alimony is paid from one spouse to the other until one spouse dies, or the payee spouse is remarried.
• Reimbursement Alimony – This type of alimony is intended to reimburse a spouse that paid for something of great value right before the marriage ended. For example, a wife paid for her husband’s tuition while he received a degree, and then he divorced her after graduation.

The court can order him to reimburse her for the tuition. The longer the marriage lasted following the spouse receiving that degree, the less likely the court will order reimbursement to be issued.

• Lump-Sum Alimony – This alimony can be ordered in lieu of a property settlement or monthly spousal support payments.

Consult a California Alimony Lawyer

Going through a divorce can be difficult, emotionally and logistically. If you’re struggling to get the fair spousal support payments you deserve, an experienced alimony attorney in California can be invaluable.

To reach an alimony lawyer, contact the Law Office of Laurence J. Brock via the online form below. You can also call the office directly by dialing 909-466-7661.

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Three Ways a Lawyer Can Help with a Child Custody Agreement

Child custody is a difficult situation to work out. Even a fifty-fifty split isn’t always in the best interest of a child, and figuring out an agreement that will work for both parties, and especially for the child, is no small task.

As you may know, attempting to work out a custody arrangement between two people who are likely harboring some animosity toward one another is an extremely difficult undertaking that borders on the impossible.

Fortunately, you don’t have to try to work out a child custody arrangement on your own. A lawyer can be a great asset for many different reasons, including providing a wealth of knowledge and experience of family law and child custody matters.

Below, see three important ways that a lawyer can help you reach a child custody agreement.

A Lawyer Sees Things That You Don’t

For starters, lawyers have a library full of knowledge and experience relating to family law matters in their heads that can be useful for you. Because your attorney has handled so many family cases, they will see things that you don’t see, including out-of-the-box custody arrangements you haven’t thought of.

Perhaps you can only think of a few different types of arrangements that will work for you, but there may be many more that you can’t imagine. Ask your lawyer for ideas.

A Lawyer… Knows the Laws

One reason handling child custody matters on your own is so difficult is that you probably don’t know the California laws related to custody. That means you’ll have to spend countless hours trying to learn or brush up on laws, procedures, and other court requirements. Even after all that work, you may still be worried that you’ve missed or misunderstood something.

Your child custody lawyer can eliminate the need to spend all that time researching because they already know the rules and laws. Your lawyer will be able to give you a straight answer right away as to what to do, what paperwork to complete, and what will work and what won’t with regard to child custody arrangements.

A Lawyer Can Give You Peace of Mind

Working out child custody on your own can drive you crazy. Even if you think you’ve come up with a good arrangement, how can you be sure you’re doing everything possible to put your child first? A lawyer provides a calming influence and can really help you to avoid the second-guessing.

Your lawyer will be able to assure you that everything that can be done has been done, so that you don’t continue driving yourself crazy worrying if there’s something else you need to do or something you’ve overlooked in regards to your case.

Work with a Child Custody Lawyer in California

Working out child custody will never be easy, but if you’re looking to ensure that you get the best case outcome possible, then you will want to work with a lawyer. A lawyer will benefit you in more than three ways, certainly, and will make the entire process simpler and less stressful for you.

Contact The Law Office of Laurence J. Brock to speak with an attorney today. Our office can be reached by dialing 909-466-7661 or by completing the contact form located below.

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Does Length of Marriage Affect a Divorce Outcome?

When you’ve decided it’s time to get a divorce, there are so many things that you must then deal with. You will have to separate your lives entirely, and that can be very difficult. If you have children, you must also deal with child custody and child support issues.

In all the craziness, one of the many questions you may not have time to answer will be whether the length of your marriage will affect your divorce outcome. The simple answer is yes, it can, but it’s complicated. Let’s go into a few areas that may be affected by how long your marriage lasted.

Factors California Courts Consider When Deciding Alimony

First, there’s the issue of alimony. If you were only married for six months, it’s doubtful that you will have to pay a lot to an ex in the way of alimony or that a spouse would have to pay a lot to you. Anything is possible, but the court will consider how long the marriage lasted when deciding how much and for how long alimony must be paid.

Now, consider a marriage that lasted for thirty years. Let’s go even further and say that one of you didn’t work during the marriage to stay home and care for the children.

A judge is definitely going to consider these factors when deciding spousal support. In this way, the length of a marriage will definitely impact your divorce in California.

Division of Assets and Debts

This is another major area where the court will care about the length of your marriage. If a couple divorces very quickly, they won’t have had much time to accumulate “community property.” It’s very likely a court will allow each party to take what he or she brought into the marriage and part ways.

When a marriage is long-lasting, it becomes extremely difficult to separate assets and debts. Even if both parties brought property or financial assets into the marriage, they’ve likely become mixed together to the point that it would be almost impossible to separate them.

At that point, the court may take the tactic of dividing all community property in the fairest way possible, making an even split, regardless of what each spouse brought into the marriage.

Get in Touch with a Rancho Cucamonga Divorce Lawyer

Divorce is one of the most emotionally difficult situations a person can go through, and there’s not a whole lot you can do to make it less traumatic. One of the only things you can do to make the process go a little more smoothly is work with a qualified and experienced divorce lawyer. Going it alone may not serve your best interests.

Your lawyer can walk you through every divorce procedure and will help you understand all the goings-on. It is possible to get through this process and come out with the best-case scenario for your situation. Contact the Law Office of Laurence J. Brock for an initial consultation. Dial 909-466-7661 or fill out the online case information form below.

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Common Reasons People Divorce

People divorce for various reasons, and it may not be anyone’s fault. Sometimes, major life events can lead to divorce. It could be that your goals and interests aren’t aligned. Or it could be that your spouse did something that you can’t forgive.

There are several common reasons people get divorced. Let’s take a look at a few of them.

Different Love Languages

Some people express intimacy in different ways, and it may be that, over time, you find your needs aren’t being met by the way your spouse expresses love and intimacy. Some people are more touchy-feely than others.

A marriage can fail if a couple can’t find ways to connect that work for both parties.

Issues with Finances

Unfortunately, one of the biggest stressors in life is money. Even though they may not be either spouse’s fault, financial issues can lead to a lot of conflict in a marriage.

Some people can learn to resolve these financial issues by communicating financial goals and expectations and committing to agreements about spending and saving. If the couple is unable to resolve financial conflicts, the marriage can quickly sour.

Communication Problems

All couples have disagreements, and no two people can live in close proximity without arguing on occasion. However, how you communicate and attempt to resolve conflict can determine the length of your marriage.

Couples who learn how to communicate their needs and problems and try to work together to find solutions can make their marriage succeed.

Major Differences in Beliefs or Goals

Sometimes, it’s no one’s fault when a marriage ends. It’s possible to grow apart or have belief systems that aren’t aligned. Career and life goals can also cause conflict in an otherwise successful marriage.

For example, if you decide that it’s your life goal to live in Europe, but your spouse has a debilitating fear of flying, your goals are likely at odds. Conflicts like this can be difficult to overcome.

When two people’s family, career, and life goals aren’t in sync, the marriage could dissolve—unless one party makes huge sacrifices for the other, which may not be fair to that person anyway.

Becoming Lost in Family Life and Forgetting Each Other

A common reason couples get divorced is the slow development of a disconnect in what was once a strong relationship.

Especially in a marriage with children, spouses can forget to care for each other because they’re so busy caring for the children or the family as a whole. This can lead to loneliness or a lack of intimacy. And these issues can easily end in divorce.

Reach Out to a Rancho Cucamonga Divorce Lawyer

When you’ve decided that divorce is the right decision for you and your family, it may be time to get legal help. Whatever the reason your marriage isn’t working, it’s now time to put your needs and those of your children first.

To reach a family law attorney with the Law Office of Laurence J. Brock, give us a call at 909-466-7661 or fill out the online contact form below.

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Applying for Child Guardianship in California

If the parents of a child die or are otherwise incapable of caring for their child, they may want to appoint a guardian, or you may decide to apply for guardianship of the child yourself—regardless of the parents’ wishes.

A guardian is any person who takes legal responsibility for the care of a child who is not their own. Even if you’re related to the child, you would still be considered a guardian as long as you’re not the child’s parent.

Why You Might Decide to Apply for Guardianship

Here’s an example of when someone may want to apply for guardianship: If the child’s parents are sent to jail for criminal behavior, you could apply for guardianship over the child until the parents are released. It could be because you don’t want the child to be in foster care or because you believe you would be the best person to raise the child.

Here are a few other instances when someone would want to apply to be a child’s guardian:

• The parents are deceased.
• The parents have abandoned the child.
• The parents are in jail or a mental health facility.
• The parents are severely and permanently disabled.
• The parents are otherwise unfit to raise the child.

In some cases, you may not need an attorney to apply for guardianship, but in most cases, it’s advisable to contact one. That’s because the court may want you to present evidence that you can care for the child and that giving you guardianship would be in the child’s best interest.

In other cases, more than one person may want guardianship over the child. If the parents haven’t left instructions as to who they want to look after their child, or if their wishes don’t seem to be aligned with the child’s needs, the court will have to determine who would be best able to care for the child.

How Does the Court Determine Whether a Guardian Should Be Appointed?

The court will consider many factors when coming to this determination, such as the following:

• The guardian’s financial means to care for the child
• The guardian’s ability to care for the child
• Any history of criminal behavior, violence, or substance abuse issues
• The child’s preference (in some situations)
• The relationship between the potential guardian and the child
• Many other factors

Guardianship Paperwork and Going to Court

Obtaining guardianship over a child is a long and difficult process. You will need to complete many forms, and you will need to give notice to other relatives. If you make any mistakes in this process, you run the risk of having your petition for guardianship denied.

For this reason, it’s helpful to have a lawyer walk you through the entire process. Your attorney can also represent you during court hearings. It’s in the child’s best interest to have guardianship settled as quickly and smoothly as possible. Stability is extremely important to children’s wellbeing.

Get in Touch with a Rancho Cucamonga Family Lawyer

You want what’s best for the child, and a family attorney can help you get it. Contact the Law Office of Laurence J. Brock to discuss filing for guardianship. You can talk things out with us under no pressure and no obligation to hire us. To schedule your consultation, call 909-466-7661 or complete the contact form at the bottom of the page.

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What Can Child Support in California Be Used For?

The purpose of child support is to provide for all the costs associated with raising a child in an appropriate manner. Kids aren’t cheap. They need the basic necessities of a safe home environment and physical care, of course, but there are many other costs of raising them.

Child support payments are usually provided to the parent the child spends the most time with. Both parents are considered responsible for financially supporting their child, but when one parent lives with the child more than the other, that parent may have the burden of providing more financial support for the child’s happiness and wellbeing.

Child support payments are meant to offset an unequal financial balance between the parents. But what exactly can child support payments be used for in California?

What Can You Use Child Support Payments For?

Ideally, all child support payments would go directly toward the care and support of the child and would not be used for any other reason. Here’s a look at what child support payments are meant to pay for:

• The Cost of School – School costs vary, but even with public schools, there are expenses, such as school supplies, field trips, school activities, and special events.
• Extracurricular Activities – Out-of-school activities are good for the wellbeing and health of children, but they nearly always have fees associated with them.
• Entertainment Activities – Basic entertainment costs are considered a part of raising a child, and although they’re not technically a necessity, the courts still deem entertainment important to a child’s wellbeing.
• Clothing – One of the more expensive costs of raising children is providing clothing for them because they constantly grow out of their clothes.
• Food – Child support can be used to purchase school lunches and groceries for the child.
• Shelter – Rent or mortgage payments can be made using child support.
• Utilities – Electricity, water, sewage, gas, and all other utilities can be paid using money from child support payments.
• Medical Care – All medical expenses for the child, including co-pays, medications, hospital bills, and more, can be paid with child support.
• Transportation Costs – Any costs associated with transporting the child, such as gas and vehicle maintenance, can be paid with child support funds.
• Child Care – The cost of caregiving services for the child while the parents are working can be paid via child support.
• College – Child support usually ends when the child is eighteen, but some college expenses can be paid for prior to the child’s eighteenth birthday.

Call a Child Support Lawyer in Rancho Cucamonga

If you have more questions about what child support in California can be used for, or if you would like to modify an existing child support agreement, speak with an attorney at our office. Your attorney will fight to protect your rights and to make certain that the child support agreement is fair for both parties.

To speak with an attorney from the Law Office of Laurence J. Brock, call 909-466-7661. You can also complete the contact form on this page. We will discuss your child support case with you during an initial consultation.

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Custody Mediation with a Narcissist

Custody issues can get nasty under the best of circumstances, but when you’re dealing with a parent who has narcissistic personality disorder (NPD), the situation is likely to become a battlefield—with your children on the front lines.

What Is Narcissistic Personality Disorder?

People diagnosed with NPD are obsessed with themselves, just like the Greek god Narcissus, who fell in love with his own reflection. That’s where the term came from.

Parents who have narcissistic tendencies believe the world revolves around them. They care only for themselves, their status, and how others perceive them. They lack empathy for others—even their own children—and they will use anyone around them for their personal gain.

Narcissistic Parents Can Traumatize Children

What are the two things children want most in the world? Their parents’ love and attention.

When one parent has time only for number one, the children suffer. They spend their time trying to gain that parent’s attention and approval, having no idea that they could never truly please the parent.

You would think that someone who’s that worried about his or her own magnificence wouldn’t have time to battle for child custody, but think again. Those with narcissistic personality disorder often see their children as an extension of themselves, rather than as individuals, and they may fight ferociously to keep them.

Part of the reason they do this is because they hate losing, even though they care little, if at all, for their children’s true happiness. They aren’t likely to give up their children without a fight, so get ready. Harder still is the fact that people with NPD can mask their behaviors, putting on a front as the perfect parent.

They think of divorce as a game or a challenge they’re determined to win because they’re better than you. It probably sounds hopeless. How can you possibly come to an agreement on custody issues in mediation with someone like that? But don’t give up yet.

How to Reach a Custody Agreement with a Narcissist

This will be very difficult, but it is possible. Here are a few tips that may help you reach a custody agreement during mediation, rather than taking the case to court:

• Contact a good lawyer familiar with narcissistic behavior.
• Limit contact with your ex as much as possible, ideally only communicating during the mediation process. Those with NPD may want to agitate you to force you to make mistakes.
• Avoid playing the game, if at all possible.
• Remain as calm as you can. The only way to win against a narcissist is to take away the control he or she has over you.
• Document everything. Sometimes, the only proof you have of a narcissist’s behavior is your word against his or hers, so you’ll need to have hard evidence to back up what you’re saying.

A Custody Mediation Attorney Can Help

Unfortunately, even when you’ve done everything possible to reach a reasonable custody agreement with a narcissist, he or she can decide it would be better to burn everything down than let you “win.” That’s when a family law attorney from the Law Office of Laurence J. Brock can help you take your custody case to court.  

Contact us to schedule a free consultation and discuss your case. Fill out the form below or call 909-466-7661.

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How to Prepare for a Consultation with a Family Law Attorney

Whether you’re considering filing for a divorce or you’ve already begun the process, a family lawyer can help you in many ways. We can protect your rights, give you advice on the entire divorce process, and represent you in court.

When preparing for your initial consultation, you may be wondering what to bring with you. When it comes to a consultation with a family lawyer, the more information, the better. Your attorney will be better able to advise you on your case if he or she has all the pertinent information regarding your case.

The Basics

Your family attorney will need the following basic pieces of information in your initial consultation:

• Details about you
• Information on your spouse, including where he or she works
• Important aspects of your relationship, including details about the personalities and behaviors of you and your spouse
• Information on any domestic violence, substance abuse, or mental health issues pertinent to your case
• Whether there are children involved

Some Documents to Bring with You

If possible, go ahead and bring in some of the paperwork you will need to complete for your divorce anyway, such as the Schedule of Assets and Debts form and the Income and Expense Declaration form. Complete these forms as fully and accurately as possible. You can also bring in financial information, such as:

• Pay stubs
• Assets
• Tax returns
• Self-employment documents
• Bank statements
• Prenuptial agreements

Have Your Questions Ready

It’s easy to get sidetracked during a conversation and forget to ask the questions that are most important to you. If you have a list with you, you’ll be able to verify that all your questions have been answered. Write them down now. Here’s an idea of what you should ask your attorney during the consultation:

• How long will it take to resolve my case?
• Should I consider mediation?
• Based on what you know about my case, how do you think a judge will rule?
• How much do your services cost?
• How long have you practiced family law?
• How long do you take to return phone calls?

Come Ready to Share All the Info

Not every divorce is brought about because one spouse was being horrible to the other. Sometimes, couples just go their separate ways. However, in some divorces, one spouse’s behavior could significantly affect the divorce process, alimony, and child custody issues.

For example, if domestic violence was involved and you have proof, you should bring your evidence to the initial consultation. Other types of information that could help your case are listed below:

• Evidence of family violence
• Evidence of substance abuse or mental health issues
• Proof your spouse was trying to hide financial information from you
• Criminal history information
• Evidence a spouse was cheating
• Proof that a spouse is an unfit parent

Schedule a Consultation with a Family Lawyer

You’re now prepared to discuss your family law case with an attorney. Set up your free, confidential case discussion with a family lawyer at the Law Office of Laurence J. Brock. Call us at 909-466-7661 or fill out the online contact form at the bottom of the page to get started.

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Is There a Connection Between Profession and Divorce?

Most of us will admit that our employment can play a role in our personal lives. For instance, if you work a very demanding job that often takes priority over time spent with your spouse, consequences are likely. We would all like to have a good work-life balance, but some professions just don’t allow for that.

Certain professions are notorious for causing trouble at home. Example: If your dream is to be a doctor and your work requires odd hours or overtime, your profession could indirectly lead to divorce. Studies have demonstrated a link between the work you do and an increased likelihood of divorce.

Which Jobs Are More Likely to Lead to Divorce?

Just because your profession is linked to a higher rate of divorce doesn’t mean you and your spouse will be calling it quits. Many couples have creative ways of making their relationships work, despite any added strain their employment may put on them.

To give you an idea, some couples understand that, if one spouse’s employment means less time spent together, they can bond by making the time they do have together really count. Other couples are more adept at working through any issues they may have, whether the issues are related to employment or not.

Recently, a career-focused website analyzed U.S. Census Bureau data and found that the following jobs and industries had the highest rates of divorce:

• Military workers
• Auto service technicians and mechanics
• Chemical technicians
• Food preparation and service workers
• Nonfarm animal caretakers
• Library assistants and clerical workers
• Engineering technicians
• Other technicians
• Medical assistants
• Carpenters
• Administrative service managers
• Probation officers and correctional treatment specialists
• Tax examiners, collectors, and revenue agents

How Your Job Can Affect Your Personal Life

Some jobs can require one spouse to work odd hours or more than forty hours a week, but that’s not the only way your profession can place strain on your relationship.

Your chosen career can lead to one or more of the following issues, increasing the chances of divorce:

• High-stress jobs can cause the worker to bring that stress home, where it affects the family.
• Certain jobs can cause vicarious trauma in employees (emergency workers, firefighters, law enforcement officers, etc.), leading to isolation, substance abuse, or depression.
• Some job types may not pay well enough to create a stable financial life for the family, which can easily cause strain and disputes.

A Family Law Attorney Can Help You

You can interpret job data and divorce rates in a number of ways, and while it does appear that a poor work-life balance can increase the chances of divorce, additional factors are almost always involved.

Regardless of what has caused you to believe divorce or legal separation is necessary for you and your spouse, a family lawyer can help you get through the proceedings. Contact the Law Office of Laurence J. Brock to discuss your case for free. Evaluations with a divorce attorney are always confidential. Call 909-466-7661 or fill out the form below.

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Helping Kids Through a Divorce

Divorce is an emotional time no matter the circumstances, but when kids are involved, it’s usually a lot more difficult. Maybe you and your spouse tried to make it work for the kids’ sake, but you’ve finally decided it’s in everyone’s best interests to go your separate ways. Now you must figure out how to break the news to the kids.

Helping kids through a divorce is tough, but it’s not impossible.

Breaking the News

There’s no getting around it—this will be one of the hardest conversations you’ll ever have. Still, like all scary things, if you practice beforehand, you will feel a lot better and more equipped to answer your children’s questions. The following are some things to keep in mind when breaking the news:

• Be clear that you and your spouse have decided to live apart.
• Explain that it’s not the child’s fault, and reiterate this many times.
• Tell your child that parents can’t divorce their kids and that both parents will still be in the child’s life.
• Don’t blame each other for the divorce during this conversation, opting instead to say things like, “Mommy and Daddy can’t seem to agree anymore.”
• Make sure the discussion fits the age and maturity level of your child.

Minimize the Negative Impact

You can do many things to help your child get through a divorce with the most positive outcome possible. The most important thing is to make sure your child doesn’t feel responsible for the divorce. Here are a few other musts if you want to minimize the effects of divorce on your child’s happiness:

• Don’t fight or discuss the legal aspects of your divorce around the child. Ever.
• Keep the child’s daily routine as stable as possible.
• If you can manage it, keep both parents actively involved in the child’s life.
• Let your child know that sad feelings are OK. He or she doesn’t have to put on a brave face.
• Make sure your child knows you will always be there for him or her.

Be Prepared to Answer Some Questions

It’s only natural that your child will have a lot of questions. Some of these questions will not be easy to answer, and you should think carefully before you do. You don’t want to lie, but you also don’t want to start blaming the other spouse for the divorce or telling your child things that aren’t age-appropriate.

For example, if your child asks why you are getting a divorce, don’t say it’s your spouse’s fault. Simply say that the two of you weren’t able to get along. Here are some of the questions you should be ready to answer:

• Are we moving?
• Where will I live?
• Am I still going to the same school?
• Is it something I did?
• Can I still see my friends?
• Will I still get to see you?
• Where will I go for holidays?

Work with a Rancho Cucamonga Divorce Attorney

Helping kids through a divorce will be difficult—there’s no denying that. But it can be made easier by preparing for it beforehand and putting your child’s feelings first. If you are going through a divorce, you may want to consult with a family lawyer who can help ensure your interests are looked after and answer family legal questions.

Call the Law Office of Laurence J. Brock to discuss your divorce case for free during an initial consultation. You can use the form below or call 909-466-7661 to get in touch.

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