Meyer, Olson, Lowy & Meyers, LLPFindLaw IM Template2024-03-18T17:18:21Zhttps://www.molmfamlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1402667/2022/04/cropped-molm-site-icon-32x32.jpgOn Behalf of Meyer, Olson, Lowy & Meyers, LLPhttps://www.molmfamlaw.com/?p=527432024-03-17T13:37:09Z2024-03-17T13:37:09ZCheck your parenting plan
Before diving into vacation planning, revisiting your parenting plan is essential. These documents often outline specific guidelines or restrictions about traveling, especially when it involves taking a child out of state or country.
Reviewing the plan can help to ensure that any vacation ideas align with agreed-upon terms, helping to prevent potential conflicts. It’s crucial to check for any provisions about notice periods or required consent for travel to find out if your plans are compliant with the co-parenting agreement.
Talk to your co-parent
Open and honest communication with your co-parent is key to a smooth vacation planning. Discuss potential dates, destinations and activities to ensure they fit into both households' schedules and preferences. This conversation is about logistics and respecting the other parent's time and relationship with the child. By involving them in the planning process, you can avoid misunderstandings and try to ensure that the vacation enhances, rather than disrupts, the co-parenting dynamic.
Plan for communicating
Maintaining communication between your child and their other parent during the vacation is vital. Discuss and arrange specific times for phone calls, video chats or even text updates, depending on the child's age and the vacation location. This helps the other parent feel connected to their child during the absence and supports the child's emotional well-being by reinforcing the continuity of both parental relationships, even when they're physically apart.
Throughout trip planning and the trip itself, you must ensure that you comply with all applicable parenting plan terms. If you’re just now getting a parenting plan set up, work with a legal representative who can help you determine what terms to include regarding special trips, such as vacations.]]>On Behalf of Meyer, Olson, Lowy & Meyers, LLPhttps://www.molmfamlaw.com/?p=527412024-03-13T01:00:47Z2024-03-13T01:00:47Zshare the news that you want a divorce.
Choose an appropriate time and place
It's important to choose a moment when both you and your spouse are calm and unlikely to be interrupted. It’s never appropriate to have this conversation if you’re heading to a big event or going through an unusually high-stress situation. The setting should be private and comfortable.
Prepare for the conversation
Before initiating the conversation, take some time to reflect on your feelings and the reasons behind your decision. It may help to write down your thoughts to organize them clearly. Preparing mentally and emotionally can help you approach the conversation with a clearer purpose and reduce the likelihood of it being driven by temporary emotions.
Communicate clearly and honestly
Keep your points concise and avoid trying to blame them for the problems. Using "I" statements can help with this because they focus on what you feel. Honesty is important, but remember that how you say things matters. You don’t want to attack them or seem rude.
Be prepared for their reaction
Your spouse's reaction may vary widely, from shock and denial to anger or relief if they've felt the same way. Be prepared for a variety of emotions and find ways to remain calm no matter what. Remember, this news can be life-changing, and they may need time to process it.
Divorce is a highly complex process. Understanding your rights and responsibilities is critical so you can start your new life off on the best footing possible. As such, it can be helpful to seek legal guidance, either before announcing your intention to file or right away afterwards.]]>On Behalf of Meyer, Olson, Lowy & Meyers, LLPhttps://www.molmfamlaw.com/?p=527332024-03-08T17:50:54Z2024-03-08T16:01:15Z]]>On Behalf of Meyer, Olson, Lowy & Meyers, LLPhttps://www.molmfamlaw.com/?p=527262024-02-26T17:52:12Z2024-02-26T17:52:12ZDivorce can happen for many reasons. For some people, a divorce may happen after someone discovers their spouse is cheating on them. Or, divorce could happen because of conflicting parenting styles.
Many people don’t realize that money can also contribute to divorce. Here are a few examples of how financial difficulties can lead to divorce:
A spouse is unemployed
Many people suffer from unemployment. This can create a lot of different financial difficulties. For example, the loss of a large yearly income that contributed to mortgage payments and investments could create a lot of debt. Or, a spouse may be struggling or unwilling to find a job after unemployment. This can create tension in a household and lead to divorce.
A spouse is financially controlling the other
Money can also be used to manipulate a relationship. Consider a household where one spouse is the primary breadwinner and the other cares for a home or child. The spouse who makes an income may control what the other is or isn’t allowed to buy. This can restrict a spouse's freedom and cause them to develop resentment.
A spouse disagrees with investments
Someone may have a large income, have inherited a large sum or money or won the lottery and decided to invest it into stocks or other entities. A spouse may disagree with this investment and consider filing for divorce.
A spouse is overspending and creating debt
Many people develop large amounts of credit card debt. This can happen because of late fees, interest or overspending. Credit card debt can create a lot of issues in a relationship for several reasons. The debt could have been hidden from a spouse or savings or other investments may have been used to pay off the debts.For high-asset households, it can be important to understand your legal options as you go through a divorce.
]]>On Behalf of Meyer, Olson, Lowy & Meyers, LLPhttps://www.molmfamlaw.com/?p=526982024-02-11T17:07:39Z2024-02-11T17:07:39Zconsider various factors when deciding whether to award spousal support in a litigation scenario (in an uncontested process, you and your spouse can agree to whatever arrangement you want). Court considerations include:
The length of the marriage
The income and earning capacity of each spouse
The age and health of each spouse
The contributions and sacrifices each spouse made to the marriage
The needs and expenses of each spouse
The ability of each spouse to become self-supporting
A history of domestic violence
These and other factors will determine the court’s decision to award alimony, the amount and duration. It is also worth noting that alimony is not gender-based as is commonly thought. Either spouse is eligible, based on their individual circumstances.
Learn more about how spousal support works
Beyond whether you are entitled to alimony or not, understanding what the law says about spousal support in California is essential if you’re navigating the divorce process. For instance, how much should you expect if you are eligible? Will the payments last forever? What if your ex refuses to pay?
These are some common questions that arise during alimony talks, and it’s best to seek clarity early on to safeguard your financial interests. Reaching out for legal guidance can help you find the right answers and make informed decisions about your future post-divorce.]]>On Behalf of Meyer, Olson, Lowy & Meyers, LLPhttps://www.molmfamlaw.com/?p=526802024-01-30T13:45:43Z2024-01-30T13:45:43ZA business valuation during a divorce is a complex process that plays a crucial role in ensuring a fair distribution of assets. When one or both spouses own a business, its value must be assessed to determine how it factors into the marital estate.
Business valuation in the context of a divorce isn’t just about determining the business's current market value. It also involves understanding how the business's value contributes to the overall assets of the marriage.
Determining the type of valuation
The first step in a business valuation during a divorce is deciding on the valuation method to use. Common approaches include asset-based, market-value, and income-based strategies. The choice depends on various factors, including the nature of the business, its financial history and future earning potential.
Assessing the business's assets and liabilities
A thorough examination of the business's financial statements is essential. This involves reviewing assets, liabilities, revenue streams, expenses and debts. The goal is to get a clear picture of the business's financial health and potential future earnings. This assessment can be complicated if personal and business finances are intertwined.
Determining marital versus separate property
In a divorce, it's important to distinguish between marital and separate property. If the business was started or acquired during the marriage, it's likely considered marital property. However, it might be classified as separate property if it was established before the marriage or through separate funds. The distinction is crucial for determining how the business's value is divided.
Role of professional appraisers
Given the complexity of business valuations, professional appraisers are often employed. They consider various factors, including the business's market position, industry trends, and the economic climate. Working with a legal representative who can assist with property division is beneficial for any business owner going through a divorce.
]]>On Behalf of Meyer, Olson, Lowy & Meyers, LLPhttps://www.molmfamlaw.com/?p=526582024-01-19T19:29:11Z2024-01-19T19:29:10ZBalancing act of assets
One of the primary complexities you may face as a pro athlete is protecting your assets. In Los Angeles, where lucrative endorsement deals and substantial contracts are the norm, dividing the financial pie becomes a painstaking process. Establishing a fair division while considering future earnings potential and contractual obligations demands careful calculation.
Public gaze
The Los Angeles area is home to 14 major sports teams, including the Lakers (pro basketball), the Dodgers (pro baseball) and the Rams (pro football). Many other teams, including pro, collegiate and amateur, compete at a smaller scale, too.
For athletes used to the spotlight on the field, the public gaze intensifies during divorce proceedings. Every move and decision can become subject to public speculation, affecting not just the athlete but also those in their orbit. Managing personal privacy amid the glaring eyes of fans and the media adds another emotional layer to divorce.
Career implications
Divorce has ripple effects. On the field, the emotional toll may impact performance, potentially jeopardizing contracts and endorsements. Off the field, endorsement deals may fall under scrutiny, and sponsors may reassess their partnerships. Navigating divorce while maintaining peak performance becomes a delicate juggling act.
Co-parenting challenges
For pro athletes with children, co-parenting presents an additional layer of complexity. Coordinating schedules, managing parental responsibilities and ensuring a stable environment for the children require meticulous planning. The demands of an athletic career, coupled with the challenges of divorce, necessitate a strategic approach to maintain a supportive co-parenting dynamic.
Advisors and confidantes
In the face of these complexities, pro athletes often rely on a network of advisors and confidantes to navigate the divorce terrain. Financial planners, public relations experts and close friends become important components of the support system. Establishing a strong off-field team becomes necessary.
Divorce for a pro athlete in Los Angeles is a multifaceted challenge with unique complexities.]]>On Behalf of Meyer, Olson, Lowy & Meyers, LLPhttps://www.molmfamlaw.com/?p=526472024-01-17T01:51:20Z2024-01-17T01:51:20ZProtection for certain assets
People may have resources that they do not want to risk when they marry. Maybe they already own their own home, or perhaps they have saved diligently throughout their professional life to fund a very robust retirement account. Individuals can protect their assets by designating them as separate property in a prenuptial agreement. Spouses can even protect assets that they may acquire in the future, such as an inheritance they anticipate receiving or a professional practice they intend to start once they finish graduate school.
Protection related to career sacrifices
There are economic benefits available if one spouse either works part-time or leaves the workforce entirely. They can manage household affairs and care for the family's children. Outsourcing that type of labor can cost a huge amount of money, so a stay-at-home spouse can enhance the family's standard of living and possibly save money at the same time. However, they make major personal sacrifices by leaving the workforce. They may have a very hard time supporting themselves if they ever divorce in the future. A prenuptial agreement can sometimes include specific terms for alimony or spousal support based on someone's unpaid contributions to the family by staying home to raise children or provide other family support services.
Protection from misconduct
Spouses frequently add clauses in their contracts outlining prohibited behaviors or the expectations for conduct. For example, there may be provisions requiring discussions before completing large purchases during the marriage. People can also impose penalties for misconduct including infidelity. The right terms of the prenuptial agreement can either decrease the likelihood of certain types of misconduct or create consequences for those bad behaviors.
The terms included in a prenuptial agreement can pave the way for an uncontested divorce filing and protect people from the stress that often accompanies a litigated divorce. Taking the time to discuss the need for protection before marriage could help engaged couples better prepare for the realities of marriage and the possibility of divorce.]]>On Behalf of Meyer, Olson, Lowy & Meyers, LLPhttps://www.molmfamlaw.com/?p=526442024-01-16T23:46:04Z2024-01-16T23:46:04ZDivorce used to be quite stigmatized. It was frowned upon for couples to separate under any circumstances. While some still hold these views, there is a much more balanced outlook on divorce today.
In fact, many studies indicate that getting a divorce can be better than staying in an unhappy marriage. Outlined below are a few things to consider.
A chance to find happiness
Feeling stuck in a toxic marriage can be draining for both spouses. Obtaining a divorce allows you both to pursue happiness in terms of another relationship. It’s possible that both you and your former spouse find someone much more compatible post-divorce.
Professional accomplishments
A relationship can take a lot of time and effort, particularly when it isn’t going well. Both you and your spouse may have delayed several professional projects to try and save the marriage. Post-divorce, you can focus on your careers and professional ambitions again.
Stability for the children
While being in a two parent household can be beneficial for children, it can also be detrimental if both parents are not getting along. Children pick up on tension and atmospheres, and they often blame themselves for fallouts. Post-divorce, you and your former spouse can still work together as co-parents and actually offer much more stability for the children. Divorce is by no means easy, and it’s not a decision to be taken lightly, but it can be a better alternative than staying in an unhappy marriage. Ultimately, you have to think about the decision that’s best for your overall well-being. Before taking any concrete steps, it may benefit you to seek some legal guidance. This will give you more information about the divorce process and the rights you have at your disposal. ]]>On Behalf of Meyer, Olson, Lowy & Meyers, LLPhttps://www.molmfamlaw.com/?p=526202024-01-08T16:54:31Z2024-01-06T20:08:17ZThe Pew Research Center reported in 2019 that 44.59% of American adults had cohabitated with a romantic partner outside of marriage. Many people decide to forego the formalities of marriage while living in a marriage-like relationship.
However, this type of arrangement does not have as many protections for the parties if the relationship ends. For those living in California, there is the option of palimony, but it requires taking proactive steps.
Palimony explained
Palimony is not a legal term, but it refers to the paying of financial support to a partner after the end of a long-term, non-marital relationship. Such an arrangement typically arises when one partner has made significant contributions to the other's life, either financially or through non-monetary contributions, and the relationship dissolves.
The basis for claiming palimony
Palimony is not like spousal support. The rules regarding it come from a court case, Marvin v. Marvin. To make a claim for payment, there must be a valid and legally enforceable agreement between the partners. It is best to have the agreement in writing because it can become challenging to prove the existence and terms without written documentation.
Proper palimony agreement contents
The agreement should outline the financial expectations and responsibilities of each partner. It may cover the sharing of assets. It should also outline financial support plans and any other relevant commitments. A palimony agreement must reflect the intentions of both partners accurately. It should contain explicit details about financial arrangements and expectations. The document should be a roadmap that can guide decisions if the relationship ends.
Having a valid palimony agreement can make a significant difference in protecting the interests of individuals seeking financial support. The court will typically enforce these agreements, which ensures a fair resolution and prevents disputes from escalating into lengthy and costly legal proceedings.]]>