How to Prepare for a Contested Divorce Trial
We are here and ready to advise you every step of the way as you prepare for a contested divorce trial.
How to Prepare for a Contested Divorce Trial Read More »
We are here and ready to advise you every step of the way as you prepare for a contested divorce trial.
How to Prepare for a Contested Divorce Trial Read More »
At Brungess and Kezirian, LLP, our experienced adoption and guardianship attorneys are here to guide you
Navigating Adoption and Guardianship in California Read More »
Divorce proceedings are already emotionally and complex, and the advent of social media adds complexity.
The Role of Social Media in Divorce Proceedings: What Not to Do Read More »
Premarital agreements and why we highly recommend you speak with a family attorney
What You Should Know About Premarital Agreements to Have a Healthy & Organized Marriage Read More »
Prenuptial agreements, also known as prenups, have become increasingly popular in recent years, especially among high-net-worth individuals and those who wish to protect their assets before entering into marriage. In this blog post, we will discuss the why, what, and how of prenuptial agreements in the State of California, using the case of former professional baseball player Barry Bonds as a case study to illustrate the importance and potential pitfalls of such agreements. Why Prenuptial Agreements? In California, a prenuptial agreement is a legally binding contract entered into by a couple before they get married, outlining how their assets will be divided in the event of divorce or separation. There are several reasons why couples may choose to enter into a prenuptial agreement: What Can Be Included in a California Prenuptial Agreement?Under California law, prenuptial agreements can include provisions related to: However, it is important to understand that prenuptial agreements cannot include provisions related to child custody, visitation, or child support, as these matters are determined by the court based on the best interests of the child. The Barry Bonds Case Study Barry Bonds, one of the most famous baseball players of all time, entered into a prenuptial agreement with his wife, Sun Bonds, in 1988. The agreement, which was signed one day before their wedding, stipulated that Sun would not be entitled to any of Barry’s earnings or assets acquired during the marriage. However, when the couple decided to divorce in 1994, Sun challenged the validity of the prenuptial agreement, claiming that it was signed under duress. Ultimately, the California Supreme Court ruled that the agreement was valid and enforceable, despite the fact that it was signed just one day before the wedding. The court held that Sun had not proven that she signed the agreement under duress or that it was unconscionable. How to Create a Valid Prenuptial Agreement in California The Barry Bonds case highlights the importance of ensuring that a prenuptial agreement is valid and enforceable. To create a valid prenuptial agreement in California, the following requirements must be met: To ensure that your prenuptial agreement meets these requirements, it is highly recommended that you consult with an experienced family law attorney who is familiar with California law. Prenuptial agreements can provide couples with peace of mind and financial security by establishing clear guidelines for asset division and financial expectations during their marriage. The case of Barry Bonds illustrates the importance of drafting a valid and enforceable prenuptial agreement to protect one’s assets in the event of a divorce. In California, it is essential to consult with a knowledgeable family law attorney who can help guide you through the process and ensure that your agreement is legally sound. By doing so, you can enter into your marriage with confidence, knowing that your financial future is secure.
Prenuptial Agreements in California: The Why, What, and How – A Barry Bonds Case Study Read More »
According to a number of reputable surveys, inquiries about and filings for divorce increase in the month of January nearly every year. The American Academy of Matrimonial Lawyers, often referred to as AAML, indicates that people contact attorneys at a rate of 33 percent higher in the month of January than in an average month. This sharp increase can be attributed to a number of factors. Here are some of the most likely reasons for an increased demand for divorce services in January. Waiting Until After the Holidays If you are like other divorcing couples, you may want to wait until after the holiday season is over to begin the divorce process. This will allow the most peaceful and stress-free holiday season for friends, family members, and children. By waiting until January to begin the divorce process, you may be able to preserve happy holiday memories for those around you while moving on with your own life in the most positive way possible. Holidays can be very important for the younger members of your family. It may make sense to delay divorce proceedings or talking about divorce until the holiday season has concluded. This will often provide your children with a sense of normalcy and a chance to enjoy gift-giving and family get-togethers before planning for the changes divorce will make in their life. Making a Fresh Start New Year’s Day is often a time for making resolutions and deciding on the direction in which you want to take your life in the upcoming year. This process of self-reflection may inspire some people to make major changes that may include divorce. If you have been wondering about divorce, January may seem like the perfect time to move on and move ahead without your current partner. Taking time to plan for your new life is essential to ensure the best outcomes for yourself, your former spouse and your children. You should consider a number of practical issues that include where you will live, who will assume your debts and what is required to separate your finances from that of your former spouse. Planning for Financial Expenditures Divorce can present significant financial challenges, including the need to establish separate households and the expense of the legal proceedings. Some couples may want to wait until they have received their year-end bonuses or other expected infusions of cash before embarking on the divorce process. This trend may reflect a need to stabilize finances before couples go their separate ways. The increase in divorce proceedings during the month of January may also be the result of credit card spending during the holidays, which can put a strain on relationships and may result in the need for delays in making the financial commitment to divorce. If you are planning to divorce in the near future, working with an attorney who offers divorce mediation may make the process easier and less costly. Consulting with an attorney who understands your issues and that can help you achieve your goals is the right solution for building the best future for yourself and your children.
Why January is Such a Popular Month to Divorce Read More »
The holidays are a joyous time for most families and offer plenty of opportunities for sharing the spirit of the season with the ones who matter most. Finding the right way to manage gift-giving activities after your divorce in California can be a challenging proposition. This is especially true for divorced couples with children. Making sure that you and your former partner communicate your intentions regarding gifts for your children will help you provide the happiest holiday experience for the younger members of your family. Here are some of the most helpful tips for dealing with holiday presents this year. Keep Things Civilized Even if you and your former partner are not on the best of terms, making an effort to communicate in a civilized manner during the holidays can help create a festive atmosphere for everyone involved. If you and your former spouse can find a way to put your differences aside, you can collaborate on the gift-giving process and the entire holiday celebration. This will help ensure the best and most practical solutions for providing your children with the most joyous holidays possible. Compare Notes Nothing can ruin a holiday celebration more quickly than duplicated gifts, especially for expensive items that make up a good portion of your holiday budget. By working together with your former partner to decide on who will buy specific gifts, you will be able to use your available funds in the most practical way. This will reduce the possibility of disappointment when giving gifts to your children during the holiday season. Use Technology to Communicate If you have difficulty in communicating face-to-face or over the phone with your former spouse, email and texting can provide you with a convenient way to touch base without the emotional baggage that can accompany personal interactions. By limiting your communications to methods that require little or no direct back-and-forth discussion, you can promote a more cordial relationship while reducing the risk of misunderstandings or hurt feelings. Give and Let Go Once the presents have been given to your children, it is important to let go of any possessive thoughts about these items and allow your child to decide whether they want to keep your gifts at your home or at your co-parent’s home. This will ensure that your children feel as comfortable and secure as possible. By treating gifts as the exclusive property of your children, you can lower the chance that your children will feel as if your presents come with strings attached. This will help them be more confident and make their own decisions with greater self-assurance. Be Willing to Compromise With any co-parenting relationship, there may be disagreements on the right approach to raising your children after a divorce in California. Finding ways to overcome these disagreements and decide on the appropriate gifts for your children can be essential to your ability to continue to co-parent effectively in the future. A little kindness will go a long way toward resolving issues that could arise from your holiday planning process. By working together with your former spouse, you can create a memorable holiday season and a happy new year for your children and yourselves.
Gift-Giving Tips for Divorced Parents Read More »
From a scheduling standpoint, the holidays for separated parents always seem to creep up on people unawares. Many co-parents tend to get caught a bit off guard whenever the festive season approaches. However, it is always prudent to prepare your parenting holiday schedule as early as you possibly can. We are all very enthusiastic and energetic about booking vacations and trips or even the decoration aspects of the holidays. Yet, many separated couples can’t find the time to review their custody order or double-check their holiday schedule before it’s too late. It seems this is a major putoff for many co-parents. Still, it is essential to double-check that everything is well in your mindset and well-arranged on your calendar. For example, you may want to exchange some time with your kids with your ex-partner during the holidays. So perhaps the children can spend some time with you on Thanksgiving morning rather than the afternoon. Make sure changes to your holiday parenting schedule are written and notarized On the other hand, if you alternate parenting time by the year, you want to ensure that it is well noted in your calendar to avoid the possibility of unpleasant surprises. If you and your co-parent do not have a set schedule or maybe you have both consented to a change in your holiday schedule, it is always wise to get that change in writing and more importantly, notarized. Even for the most well-intentioned co-parents, there can be a bit of a trade off when it comes to changing the holiday schedule. However, some co-parents are selfish and don’t readily follow through with the switches agreed upon. For instance, you could have given up some of your parenting time, say for Thanksgiving and all the while hoping to get some extra time to spend with your kids during Christmas, but your ex-partner then balks. Unfortunately, there is not much you can do in such a predicament, legally speaking. You won’t be able to get much help from the court system. Courts of law tend to have a short staff closure during Christmas and the week leading up to New Year. During this given period, courts only prioritize processing emergency restraining order requests. In turn, this means any other emergency that arises over the festive season will not be deemed to be important by the court system. Therefore, it is always critical to get everything in writing and notarized to make these informal changes to your holiday schedule more formal. Keep the interest of your children and co-parent in mind Also, endeavor to be not only an honest, but a considerate co-parent. So unless it is impossible, never back out of plans you and your co-parent make for your kids over the holidays. This is particularly important for the well-being of your kids. Children always remember such moments and it can have a huge impact on them when the holidays are spent witnessing or being caught up in the middle of fights and conflicts between their parents. Typically, kids may forget many things that happen before and after their parents separate. Nevertheless, when it is something that occurs during their birthdays or over the holidays, they will always remember. They will always remember when you fight with your ex-partner or badmouth them behind their back over the holidays, and you do not want those to be the memories of your child. In most cases than not, they might prove to be dark marks on him or her as they grow older. So always take all the time you need to refer to the custody order, negotiate out the co-parenting schedule whenever necessary and finally, have it written down on paper and notarized. Always make sure you are well versed with your holiday custody schedule and if you wish to change something, negotiate it early on, get it in writing and then try your best to keep the transition as amicable as possible. For your children’s sake you should try to keep holiday memories light and merry. This is not the time to get petty and pick little fights with your ex-partner. This is not the time to reprise things that happened in the past. What you need to do is maintain your kids’ emotional and mental peace and yours and your co-parent’s too.
Co-Parenting During the Holidays Read More »
As your children prepare to return to school this fall, you may be wondering how to help them adjust to the new normal after your divorce. New schedules, new teachers and a new situation at home can all create stress for children and teens. Fortunately, there are a few simple strategies that you can use to help your children navigate this stressful time and to enjoy the best possible chance of success when returning to school this fall. Present a United Front After the divorce process, it is essential for you and your co-parent to discuss bedtimes, homework and academic decisions to make sure that you are both on the same page. Your children depend on you as parents to provide a framework for learning and growth. By maintaining open and respectful lines of communication, you and your former partner can continue to provide the support and structure children and teens need to feel secure. Create Designated Study Spaces Even in the middle of moving and establishing separate households, making sure your children have a safe and quiet place to study is essential for their academic success. If you share custody of your children, this can be duplicated in each of the households in which the children will spend time. A small area dedicated just for studying can be equipped with a laptop or small desktop for research, writing utensils, a flat surface for writing and other necessary items to make studying more enjoyable. This can help your student succeed in school during the divorce process and after it is finalized. Set a Schedule Establishing a schedule and routine is important to create a sense of security and predictability during childhood and adolescence. Even if you were not especially punctual before, creating a schedule and sticking to it is especially important during and after your divorce. By showing that you can be counted on to show up when you say you will, you can help your children to feel more confident about their new living arrangements as they head off to school this fall. Put Family First After a divorce, both you and your children may be redefining the idea of family. Being cordial during the divorce process can make it much easier to include your former spouse as part of your family unit even though you are no longer together as a couple. Although your romantic relationship with your former partner is over, your children will benefit from seeing that your co-parenting relationship and your love and care for them will continue long after the marriage has ended. Write Your Own Story By opting to be cordial to one another during the divorce process, you and your former spouse can help reduce stress and unhappiness for your children. This can translate directly into better academic performance and improved psychological health for kids and teens during the period of transition after a divorce. Working together with your co-parent and providing the tools your children need to succeed can make back-to-school preparations much easier on all parties involved. By putting the needs of your family first, you can navigate the new normal with less stress and greater success.
Back-to-School Made Easy: A Stress-Free Guide for Divorced Parents Read More »
Holidays like Father’s Day are special celebrations to cherish and appreciate loved ones. For any recently divorced parent, Father’s Day is often marred with anxiety, depression or even strife. Should you be a freshly divorced parent, here are a few tips to make this Father’s Day a holiday to remember that is full of positivity for both yourself and your children. Mothers Always go out of your way to encourage your kids to not feel any guilt in celebrating your ex-partner, despite what your own feelings towards him might be. If required, even offer a helping hand in making a thoughtful gift for him or if they desire to buy him a present with their own money, gladly take them to the store and offer insights. Granted, you may feel negatively toward your co-parent, and with good reasons, too. However, remember for your children’s well being, it will be better for them to not share in or even be aware of your acrimonious feelings towards their father. The key to your kids’ self-confidence and identity lies in accessing equal love from both of their parents. So don’t hurt them in a similar manner as your ex-partner may have done to you. Lastly, try to be magnanimous by offering your co-parent sufficient time with the kids on Father’s Day.
Father’s Day with Children After Divorce Read More »