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What You Should Know About Divorce Litigation

Collaborative Divorce, Divorce Litigation /

If you are considering divorce in the state of California, you may be wondering how the litigation process works and what steps you will have to complete to finalize your divorce. Working with an experienced family lawyer like Julia Ann Brungess or Teri Ann Kezirian, can help you to navigate this process more easily. Here are some of the most important steps you are likely to encounter during your divorce litigation proceedings. Filing for Divorce In most divorce cases, one party files for the dissolution of marriage with the court and the other party responds to this petition. The process may vary slightly depending on whether you are the petitioner or the respondent. The petition may be mailed to the respondent or delivered via personal service; responses can be made in the same way. Filing Temporary Custody and Support Requests Requests for court orders regarding child custody and financial support can be filed along with the divorce petition or in the weeks following. Your former spouse will then be given a chance to respond to these requests and make counter proposals regarding the primary custody of any minor children and the support to be provided for those children. Making Financial Disclosures You will usually be asked to provide a detailed statement of your income and assets at the time that you file for or respond to requests for custody and child or spousal support. Your attorney can usually provide you with the best possible guidance in completing this declaration of disclosure statements in a timely way. Accurate and honest statements can help you make the most positive impression on the judge overseeing your divorce litigation. Providing Protection for Minor Children If you believe your spouse may present a danger to your children, you can file for an emergency child custody request for an order that may restrict visitation rights. The California Family Code restricts the use of these emergency requests to situations in which the court identifies there is a risk of harm or abduction. Deciding on Requests for Orders If you and your spouse cannot come to a mutually acceptable agreement about child support, child custody and other requests, you may be required to appear at a hearing to determine the disposition of these matters. Your attorney will typically work with you to ensure that you are prepared for this part of the litigation process. Achieving a Resolution In some divorce cases, it may be possible to reach an agreement that suits both parties and is acceptable to the courts. However, if you and your former partner cannot come to mutually agreeable terms, your case may be determined in the courtroom setting, which may come at a considerable expense to your feelings and finances. When Collaboration Makes More Sense Collaborative divorces are not for everyone. In some cases, divorce litigation can be the best way to dissolve a marriage and to ensure the safety of minor children. For couples who can set aside their personal differences, however, the collaborative process may reduce the costs and provide the best outcomes for all parties to the divorce. This can provide greater confidence and peace of mind for you and your partner throughout the process.

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Divorce Mediation vs Litigation

Divorce Advice /

In the state of California, you have several options when pursuing divorce proceedings. Understanding the difference between mediation and litigation can help you make the best decision for your specific situation. Here are some key facts to consider when planning the dissolution of your California marriage. What Is Divorce Mediation? Mediation arrangements are designed to allow an objective and neutral third party to discuss all issues related to your divorce and to help the two of you make fair and impartial decisions in a private and safe environment. This can result in a more amicable resolution of your divorce and leave each of you in a better emotional place than when you started the divorce process. Mediation vs. Litigation When considering mediation as an alternative to divorce litigation, you should understand the primary differences between these two processes in the California legal system: Litigation can often cost more than arrangements made through mediation. With Mediation, you and your partner will maintain control over the outcome of your divorce and the decisions made about child support, child custody and the division of marital assets. The cooperative atmosphere of a mediated divorce can be less stressful for children. Mediation arrangements allow you to decide issues related to your minor children without involving third parties. In most cases involving litigation, the decisions made in court are part of the public record. Mediation decisions, however, are usually kept private. Mediated divorce agreements may be changed by the parties without a court hearing. By contrast, litigated divorce orders or judgments often require court involvement if either party wants to change the order or judgment. Since you and your partner share a mediator, your divorce is unlikely to escalate into a match between dueling attorneys or a contest to see who can spend the most money to win. If you are considering divorce in the state of California, choosing mediation or collaborative divorce over litigation in court can reduce the emotional and financial cost of your divorce. Mediation Is Not for Everyone Mediation arrangements require you and your partner to work together to find mutually acceptable solutions to the issues involved in your divorce. If anger or lingering resentments have made it difficult for you to discuss matters in a calm and cooperative manner, the mediation process may not be the right choice for your divorce. Mediation is also not recommended for cases in which domestic violence has been a factor. If, however, you can put your personal feelings aside to work together for a mutually beneficial resolution to your divorce, you can often enjoy greater benefits and lower costs by opting for mediation instead of divorce litigation. Deciding how to proceed with your divorce can be a good test case for determining if mediation is a viable solution for you and your partner. If the two of you can agree on the divorce mediation process, you may be able to take advantage of these alternatives to litigation to ensure a less stressful process for all involved parties.   If interested in seeking litigation or mediation services in Fresno, California, contact the Law Office of Julia Ann Brungess today!

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What a Successful Collaborative Divorce Looks Like

Collaborative Divorce /

For couples who are still on relatively amicable terms despite the breakdown of their marriages, collaborative divorce proceedings can be a less stressful and healthier way to decide on important issues without anger or recriminations. These divorce arrangements require the cooperation of both parties and can sometimes reduce the financial and emotional cost of divorce in the state of California. By choosing to work collaboratively to resolve issues, you have a better opportunity to achieve the most positive outcomes for you and your family. The Initial Agreement The first step towards your collaborative arrangement is to sign a contract that clearly outlines the expectations of each party. In most cases, these contracts include an agreement not to involve a judge in the decision-making process and to disqualify your collaborative attorneys from litigating for either party if the collaborative process ends. Instead, you and your former partner will negotiate the best solutions for your situation with the help of attorneys who specialize in these types of divorce arrangements. What to Expect Depending on the type of collaborative divorce arrangement you choose, you and your ex-spouse will consult with a collaboratively trained attorney of your choosing. These two attorneys will then become a part of the collaborative team that works with you to resolve those issues unique to your situation. Your negotiation and resolution process may take a shorter or longer time depending on how quickly you and your partner can agree on various issues. Outside Expertise May Be Required If you and your partner have accumulated considerable assets or debts during your marriage, you may require additional professionals such accountants or financial planners to help value assets owned by the two of you. These advisors can provide information about the assets and debts acquired during the marriage, and along with your attorneys, offer guidance or counsel regarding the best ways to allocate these financial resources and liabilities. Child Custody and Support Deciding what parenting plan is best for your children, and implementing arrangements for their education, medical care, and religious upbringing can be among the most challenging and emotional aspects of divorce for families with children. By working together and keeping an open mind, you can help to avoid resentment and anger while ensuring the best outcomes for your children. Honesty Is the Key to Success Successful collaboration requires both parties to honest and transparent about their assets, their projected incomes and the living arrangements they can provide for minor children. By maintaining an atmosphere of openness and cooperation, you and your former spouse can come up with creative solutions that can help both of you make a fresh start. Collaborative divorce arrangements are not right for every couple. If you and your partner can set aside any lingering feelings of anger or resentment, this alternative to a traditional divorce proceeding may be the right solution for you! If you live in or around Fresno, California, and find yourself searching for additional guidance on whether a collaborative divorce may be for you, contact the Law Offices of Julia Ann Brungess. Call 559-226-4008 to schedule an appointment today!

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The Pros of Seeking a Collaborative Divorce in California

Collaborative Divorce /

Divorce can be stressful for every member of the family. If you are on relatively amicable terms with your former partner, however, you may wish to consider an alternative to traditional divorce proceedings. Choosing to seek a collaborative divorce in California can reduce the stress associated with the breakup of a marriage and can allow you to enjoy a number of significant advantages during the divorce process.   Here are some of the most significant benefits of seeking a collaborative divorce in California.   [space_20]   Collaborative Divorce May Allow for a Faster Agreement By agreeing to discuss matters about your divorce directly with your former spouse in the presence of intermediaries, you can often make real progress on dividing up assets and debts, determining the best custody arrangement for children and deciding on other important matters. This can reduce the cost of your divorce proceedings and may allow you to enjoy the best possible outcome for yourself and your former partner. [space_20] The Process May Be Less Stressful for Children Children are keen observers of emotional states, particularly when their parents are concerned. The reduced stress associated with collaborative divorce proceedings can have a positive effect on children and can help them navigate this process with minimal emotional damage. By maintaining a cordial and cooperative attitude, you and your former spouse can also model healthy behavior that can make a real impression on your children. [space_20] It May Be Easier to Move on With Your Life In some cases, collaborative divorce can provide a valuable sense of closure for you and your former partner. By working together to end the marriage and to resolve any remaining issues, you can experience greater peace of mind and an improved attitude regarding the next phase of your life. This can help you minimize regret and can enhance your ability to pursue happiness in the future. [space_20] Collaborative Divorce Can Reduce Hostility and Resentment Because collaborative arrangements provide opportunities to clear the air and to iron out differences, they can be an excellent way to release tension and eliminate hostility and resentment from the divorce process. You can work through many issues and sources of anger while working out the details of your divorce proceedings and custody arrangements. You Can Negotiate on an Even Playing Field Rather than creating an adversarial relationship in the courtroom setting and pitting your attorneys against each other to determine the victor, collaborative divorces allow you to create win-win scenarios that take into account the needs and wants of each party. This can level the playing field for both of you and can ensure a fair resolution of the issues that matter most. By opting for a collaborative divorce, you can reduce the trauma sometimes associated with contentious court proceedings. This can be a positive step for everyone involved, including you, your former spouse and your children. Working together can help you reduce the financial and emotional costs of divorce and can provide you with the perspective needed to take on the challenges of single life and to care for your children after the proceedings are complete. If interested in obtaining more details about seeking a collaborative divorce in the state of California, contact the Law Office of Julia Ann Brungess!  

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Life After Divorce: Surviving the Breakdown of a Marriage

Divorce Advice /

If you are rediscovering how to live after divorce, you may find that everyday activities can inspire unexpected emotional responses. Finding ways to cope with life after divorce can help you to begin the next phase of your life in a positive frame of mind. Here are some ways to start the healing process after your divorce is final.       [space_20] Clean Your House If you are still living with reminders of your ex-spouse, it may be time to clean house and donate or dispose of items that may cause painful memories. Clothing, furnishings and other mementos of your marriage can be sorted into boxes for donation, returned to your ex-spouse or placed into trash bags for disposal. Clearing away the last remnants of a past relationship can help you open your heart to new possibilities that may be ahead.   [space_20] Spend Time with Family and Friends Reaching out to family members and friends can help you develop a support system that can carry you through this difficult period. Planning activities with your children can also provide a welcome distraction from unpleasant feelings. By engaging with close friends and family, you can prepare yourself for life after divorce.       [space_20] Grieve and Let Go It may be difficult to allow yourself to feel sorrow over the loss of your marriage. Allowing time for the grieving process can provide you with a valuable perspective on your own life and your future. Taking time to appreciate your qualities and adjust to your new living arrangement can help you proceed with future plans and goals in a more positive frame of mind. [space_20] Be Willing to Forgive Letting go of your anger and your resentment can be the first step toward beginning the healing process. These destructive emotions can cause you further pain and can prevent you from moving on with your new life. By forgiving your former partner and putting the past behind you, you can improve your emotional health and prepare yourself for whatever life has in store for you in the future. [space_20] Manage Your Finances Controlling your spending and limiting the amount of new debt you take on can help you maintain a healthy financial profile after your divorce. Indulging in a little retail therapy on occasion can be a good way to treat yourself. If this becomes a habit, however, you may need to curtail your spending and design a strict budget that fits your income level.             [space_20] Put on a Happy Face Even when you are feeling less than hopeful, it is a good idea to project a positive image and avoid emotional displays in front of your children. It is important to remember that divorce is difficult for the younger members of your family as well. By maintaining a cheerful demeanor, you can make things easier for yourself and your children during the aftermath of your divorce. It is important not to rush things after your divorce. Emotions can run high during this critical period. By taking one day at a time and working methodically toward your goal, you can live well and happily after your divorce.  

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How a Collaborative Divorce Can Make Financial Sense

Collaborative Divorce /

If you are considering a divorce in the state of California, a collaborative approach may be right for you and your partner. Collaborative divorce arrangements are best suited for those on amicable terms and with solid trust remaining in their relationships. Rather than opting for a combative confrontation in the courtroom setting, you can sometimes hash out your differences in a less stressful environment. It may be possible to reduce the cost of your divorce proceedings by taking a cooperative approach. Here are some facts every couple should know when considering collaborative arrangements for divorce.   The Cost of Collaboration Can Vary Depending on the type of divorce and number of counselors and advisors needed to resolve issues between you and your former partner, the cost of collaborative arrangements can be as much or more than that of traditional divorce proceedings. Discussing the costs and the duration of these negotiations with your attorney can help you to determine whether collaborative or traditional divorce proceedings are best for your situation. For simple divorces with few issues to iron out, however, collaborations can often cost significantly less than the same proceedings in a traditional courtroom setting.   Child Custody Issues Can Extend the Process If you and your partner must iron out the details of child custody, visitation and other shared responsibilities for your minor children, the process can take significantly longer and may require added funds to complete. Some of the most important child custody issues include the following:    Questions about religious practice and attendance    Educational arrangements    Medical care and treatment    Living arrangements    Holiday visitation    Child support payments Discussing these questions with your former partner and coming to a consensus about the best arrangements for your children can significantly speed the resolution process and can help you make the best use of your available budget.   Assets and Liabilities Must Be Divided Making a thorough inventory of all outstanding debt, financial resources and real property accrued during the marriage can help you determine the most equitable way to divide these obligations and assets. This can speed up the collaborative divorce process to save both of you time and money during this difficult time. Your financial situation can play a significant role in the amount of child support, spousal support and other assets available to you and your partner after your divorce is finalized. By being honest and forthright, you can streamline the process for you and your former spouse.   Emotional Issues Can Hamper Success Collaborative divorce arrangements are not for everyone. If you and your former partner cannot easily discuss sensitive issues without becoming emotional, a traditional divorce may be a more appropriate choice for your needs. Allowing your attorneys to serve as mediators can prevent unpleasant confrontations and can help you to achieve greater peace of mind throughout the divorce process. This can also reduce the overall cost of the divorce in some cases. If you are considering divorce, consulting with an attorney who specializes in California family law cases can provide you with greater insight and improved confidence during this stressful time. A collaborative divorce process can potentially save you money and time while reducing the adversarial aspects of your divorce and allowing you to maintain an amicable relationship with your former spouse. If looking for a lawyer in the Fresno, California, area to help you seek a collaborative divorce, contact the Law Office of Julia Ann Brungess.

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Key Areas to Consider when Thinking About Divorce in California

Divorce Advice /

    If you and your current partner are thinking about divorce in the state of California, consulting with an experienced attorney can help you navigate this difficult time more easily. Depending on your situation, you and your spouse may have a number of issues to resolve during the divorce process. Here are some of the most important areas to consider when planning for divorce in California.       Child Custody California courts often take an active role in protecting the welfare of minor children during a divorce. Some of the most common child custody issues include the following:    Concerns about education, religion, and medical treatment    Financial support for the needs of minor children    Living arrangements and visitation rights    The right of the custodial parent to move from one city or state to another    Allegations of domestic abuse or dependency on drugs or alcohol on the part of one parent Retaining the services of a family law attorney can help you to resolve these issues in the best interest of everyone involved. Depending on the age of your children, the courts may consider their preferences when determining who will be given primary custodial rights.   Finances Dividing your marital assets and debts in a fair and equitable manner can be a difficult task, especially if you and your spouse are not on good terms. If you are thinking of divorce, taking a financial inventory of all the assets and outstanding debts accrued during your marriage can be a good first step toward determining the best way to allocate responsibilities and resources fairly.           Spousal Support Depending on the length of the marriage and the financial resources available to each partner, the courts may order spousal support payments during the proceedings or for a definite or indefinite period of time after the divorce is final. For marriages of less than ten years in duration, the California court system typically limits spousal support payments to half the length of the marriage. If you and your partner are both working and earning a living income, however, you should not depend on spousal support payments when thinking about divorce. These arrangements are usually reserved for those without other means of financial support after the end of the marriage.   Child Support Child support payments may also be required to ensure the welfare of your minor children. These payments are usually made to the custodial parent and are intended to provide for the basic needs of the children. In most cases, child support payments are scaled to the income levels of the divorcing parents. If you are thinking of divorce, considering the financial impact of child support can help you prepare more effectively for these future expenses. Your attorney can help you manage the financial aspects of your divorce to ensure the most positive resolution of these issues. This can help you and your former partner enjoy a fresh start after the dissolution of your marriage.   If you or your partner are thinking of divorce, considering these issues before making any legal decisions can help you to prepare for the process more efficiently. Consulting with a qualified and experienced lawyer can be a good first step toward a fair and evenhanded resolution of your marital issues.   If looking for a divorce attorney in or around Fresno, California, contact the Law Office of Julia Ann Brungess. Call 559-226-4008 today!

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How to Decide on the Best Holiday Custody Schedule

Divorce Agreements /

For divorced parents, deciding on a workable holiday schedule for custody and visitation can be a real challenge. A few simple strategies can sometimes provide added help in negotiating the holiday custody schedule and ensuring that children enjoy the season with both parents. By remaining flexible and working together, you can help your children experience the warmth and joy of the holiday season in a festive family setting. Here are some effective strategies you can use to create a workable child custody holiday schedule.       Splitting the Days For holidays that extend over two or more days, allowing each parent to have an equal share of the available time can often be a fair and equitable solution to a difficult situation. Christmas breaks can be split equally to allow you and your former spouse to enjoy time with your children during these holidays. If you still live within a reasonable distance of the other parent, you can even alternate days to give each of you a break while ensuring that your children enjoy the closeness of family throughout the holiday season.       Planning Two Celebrations If distance prevents you and your former spouse from conveniently splitting the holiday, you may be able to plan a second celebration that may or may not fall on the actual date of the holiday. For instance, if your child custody holiday schedule grants you the right to spend Christmas Day with your children, the other parent may choose to celebrate the holiday on December 27 or any other date that suits each of your schedules. This can help your children get in the spirit of the season even when you and your former spouse are ironing out the details of a holiday arrangement for divorced parents.       Alternating Each Year Depending on the stipulated terms of your holiday custody schedule, alternating the dates on which you have custody of your children with your former spouse may be a low-stress way to resolve conflicts arising from the holiday schedule. This strategy requires little or no compromise on your part and is ideal for parents who live at a considerable distance from each other. Additionally, because this system can be used year after year, it can minimize the amount of discussion and contact needed between you and your former spouse.  

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couple discussing separate property in divorce

Property That Can Be Left Out of Your Divorce Agreement

Divorce Agreements /

  If you are currently involved in divorce proceedings in the state of California, understanding the types of property that must be reported and included in your divorce can be essential to ensure a swift and positive resolution for these legal actions. California is a community property state meaning that the property and assets acquired during a marriage are divided equally between divorcing partners. Assets may include pensions, 401(k) retirement plans, real estate, jewelry, vehicles, boats, bank accounts, baseball card collections, securities and almost anything else of value.     What Is Considered Separate Property? The separate property does not have to be included in a divorce agreement. These assets may have considerable value and can include some or all of the following: •    Assets acquired before marriage •    Pensions that became fully vested before the marriage •    Businesses owned by one spouse before the marriage and maintained solely by that spouse throughout the duration of the marriage •    Inheritances and property gifts made to just one spouse •    Personal gifts made to one member of the couple, even if the other spouse made the gift •    Assets acquired after the official date of separation In some cases, however, these assets may be subject to community property laws and should be included in the property divided during your California divorce.       Commingling of Separate Property The process by which separate property may become community property can be known as commingling. This occurs when assets previously held by one partner in the marriage mix with shared property. For example, a monetary inheritance deposited into a shared bank account may be considered community property and may be divided between the two spouses equally. This can happen even if the estate was intended for only one spouse. Commingling can also be alleged and may be supported by the court in other cases: •    A business held separately by one spouse before marriage and managed by both marital partners may be considered community property if the contribution of the other spouse can be deemed significant enough. •    A home owned by one spouse before the marriage that is used as the common home of both partners during the marriage can sometimes be considered community property by courts in the state of California. •    Gifts to one spouse that are treated by both partners as investments can be adjudged as community property and added to the value of the assets that must be divided equally.   Working with a qualified California divorce attorney can be the best way to determine whether a particular asset should be treated as community property or as separate property during your legal proceedings. Some gifts or transfers between spouses during the marriage may also be considered a transmutation of separate property that may change it to community property or separate property of the other spouse. An experienced California divorce lawyer can provide you with the expert advice and guidance needed to navigate the division of property during these legal proceedings. This can give you greater peace of mind and increased confidence during your California divorce.   If looking for legal help with your divorce in Fresno, California, Contact the Law Office of Julia Ann Brungess today!

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Divorce and the Holidays

Divorce Advice /

The holidays are normally about family coming together, but what happens when you and your spouse are negotiating a divorce during this special time of year? Big changes can bring about undue stress, especially when they come as the result of conflict. However, it is still possible to have a peaceful holiday season, even during such a big life change. Just because your family dynamic is changing doesn’t mean that you can’t guard your loved ones from the stresses associated with a more traditional, confrontational divorce. By choosing a collaborative divorce method, you and your former partner can work together to decide what is best for everyone. ● How will the holidays be spent during the divorce? ● At whose home will celebrations take place? ● Will you still spend them together or split the time between parents? Answering these questions with the support of a team of compassionate legal professionals can create an environment of cooperation in spite of irreconcilable differences. More importantly, you can decide on a way to share these changes with other family members, and especially children, who might be feeling anxiety about how a divorce will affect not only their holidays, but the rest of their lives as well. At the Law Offices of Julia Brungess, we believe that that through creative thoughtfulness and open communication it is possible to reach a resolution that can keep everyone’s best interests at heart. Divorce comes with trauma no matter what, but it is possible to lessen the impact and preserve important family relationships so you and your loved ones can look forward to many harmonious and joyful holiday seasons to come.

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