Navigating Spousal Support Modifications with Confidence
Divorce or separation can be a challenging and emotionally charged time for all parties involved
Navigating Spousal Support Modifications with Confidence Read More »
Divorce or separation can be a challenging and emotionally charged time for all parties involved
Navigating Spousal Support Modifications with Confidence 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 »
Knowing when to allow your lawyer to do the talking on your behalf can help you avoid some serious issues with your divorce proceedings.
When to Let Your Lawyer Do the Talking Read More »
After your divorce in California, you may experience difficulties if your former spouse fails to live up to his or her obligations under the divorce agreement. This can sometimes lead to financial problems and may cause you stress that can affect your health and your attitude. Working with a qualified California divorce attorney can be an excellent first step towards enforcing the terms of your agreements. Here are five strategies to consider when taking steps to make sure your former spouse complies with all provisions of your divorce agreement. Does Your Former Spouse Have the Means to Comply? Child support and spousal support obligations are dependent on the ability of your former spouse to pay them. If he or she is unemployed or experiences serious financial difficulties, there may be no reasonable way for them to pay the amounts you are owed. In some cases, you may be able to touch base with your former partner to determine whether he or she is currently dealing with money problems. This can save you time and money when determining whether to pursue further action to force compliance with your divorce agreement. Check Your Paperwork Your divorce documents may include specific remedies for non-compliance with the terms of your divorce in California. Working with a qualified family law attorney can help you determine the right approach to enforcement of the terms of your divorce and can provide you with the legal support needed to make sure your former spouse complies with all terms ordered by the court. Determine if Third-Party Interference Is to Blame In some cases, your ex-spouse may not be responsible for failing to pay child support and spousal support in the approved manner. If the funds are not withheld by the employer, you may need to pursue legal action against this company or entity to force them to comply with the court-ordered instructions for garnishment or withholding of wages in your divorce agreement. Working with a lawyer who specializes in divorce in California can help you to take the right steps to obtain the financial support to which you are legally entitled. Be Persistent Regardless of the approach you choose, persistence is the key to success in making sure your former spouse complies with the terms of your divorce. Working with a knowledgeable and experienced family law attorney can help you with this process and can provide you with the tools you need to ensure that you receive the payments to which you are entitled and that all provisions of your divorce agreement are being followed. Filing for Contempt of Court If all else fails, you may be able to file a contempt of court order with the California court system to compel your former spouse to comply with the provisions of your divorce agreement. This is usually a criminal proceeding that alleges that the accused has knowingly and willfully violated a valid court order. Failure to pay child support or spousal support can result in contempt of court rulings. Violation of domestic violence restraining orders can also be considered contempt of court and could lead to punitive action on the part of the state of California. If you need professional help enforcing the terms of your California divorce, working with an experienced and knowledgeable attorney like Julia Ann Brungess can provide you with the guidance and support you need to accomplish your objective. This can help you enjoy greater financial stability and improved personal security as you build your new life after your divorce.
Enforcing California Divorce Agreements: Five Things You Need to Know Read More »
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.
How to Decide on the Best Holiday Custody Schedule Read More »
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!
Property That Can Be Left Out of Your Divorce Agreement Read More »
Broaching the topic of divorce with a spouse is never easy. Even when both partners agree that divorce is the best option, navigating the emotional aspects of such a huge decision requires a lot of energy. Moving past the emotional work and into the practical issues that come along with divorce can feel daunting, and is oftentimes uncharted territory for everyone involved. Collaborative divorce, unlike traditional, can offer a supportive environment that encourages the type of healthy communication that can help alleviate much of that stress. First, you will have to decide whether you think a collaborative divorce is a healthy alternative for you. Is your partner capable and available to be a participant in a non confrontational, cooperative process? If you feel that there is mutual respect and a possibility for a peaceable outcome, collaborative divorce may be right for you. If possible, ask your partner what is most important to them during the divorce process. If you both agree that keeping the family’s well being at the center of the divorce is the number one priority, then suggesting a collaborative divorce to your spouse may be the right choice. Once you have decided to move forward with a collaborative divorce, make sure you and your spouse understand exactly what that will entail. Seeking out resources, both separately and together, can help answer questions and ease fears. Learning about the process together ensures you understand what will be expected of you both, and an informed agreement can be made on both sides. Expressing your commitment to reaching a peaceful resolution can help set a productive, respectful tone for the rest of the process. Next, you will both need to find individual representation that you are comfortable working with. Be transparent and use open communication in order to assure your spouse that you desire to work as a team as often as possible, even as you decide to go your separate ways. It may not always be easy to remain amicable, but a commitment to peace can go a long way in reducing stress and resolving disputes as they arise. For more information on the collaborative divorce process, contact the Law Offices of Julia Brungess.
How to Talk to Your Spouse About Collaborative Divorce Read More »