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Posts Tagged ‘family law’

One Billion Rising to End Violence Against Women

Posted on: February 12th, 2018 by admin

This Valentine’s Day will also be the day of One Billion Rising, a worldwide movement aiming to end all forms of violence against women. One in three women will be raped or beaten in their lifetime, usually by someone they know. Partners engaged in domestic violence can extend their violence beyond physical and sexual abuse however. This can include:

  • Verbal abuse
  • Extortion or control of finances
  • Use of technology to spy, track, or stalk the victim
  • Using religion or religious teachings to exert control over the victim

Domestic violence can happen to anyone and the abuse can put victims in life-threatening situations. The One Billion Rising movement encourages domestic violence victims to hold their predators accountable for the violence committed against them. Victims across the globe are speaking up through marches, social media, and protests. From the #MeToo movement to Hollywood celebrities speaking out against corrupt people in their social circles, people are becoming more and more aware of violence against women.

However, some victims may still feel that they have no support or not place to go. While One Billion Rising hopes to connect victims and have them support one another in their journey of recovery, some extra resources could go a long way. If you are a domestic violence victim living in the Bay Area, WomenSV could help you find resources to leave your violent situation. If you need legal help such as help filing for divorce or battling for child custody, make sure to contact an attorney. The lawyers at Hoover ♦ Krepelka have years of experience handling family law cases. Contact us today.

3 Resources You Can Use to Serve Divorce Papers to a Missing Spouse

Posted on: January 30th, 2018 by admin

You’ve filled out the paperwork and are ready to serve your spouse their divorce papers. In most cases, the papers can be delivered personally or sent through the mail. Easy, right? However, to your absolute shock, your spouse suddenly disappears. Now, you’re left wondering how in the world you’re going to serve those divorce papers without your partner’s latest contact information. Fortunately, there are several resources in place that assist individuals in serving their spouses. Check out the list below to find out which of these options fit your needs.

Service of Process: If you can’t serve divorce papers to your spouse via delivery in person or through the mail, it is possible to ask another individual to serve the paperwork for you. The individual must be an adult and can be a friend, paid process server, or a county sheriff. Your spouse can attempt to refuse the papers by not answering their door, but the process server can hand the paperwork over when they leave for work or even go to your spouse’s place of employment to deliver the paperwork.

Substitute Service: If the process server attempts three times to deliver the divorce paperwork at your spouse’s home or place of employment and your spouse is not there, the process server can leave the documents with an adult that lives in the spouse’s house or an adult in charge of his place of employment. In this case of substitute service, the process server must inform the alternative party that they are delivering important legal documents for the spouse. Afterwards, the process server will be responsible for filling out a Declaration of Due Diligence form listing the attempts made to serve your spouse. They must also fill out a Proof of Service form and provide a physical description of the person whom they gave the paperwork to.

Service of Publication: As a last resort and after you have exhausted the resources above, you can choose to move on and attempt to serve your spouse’s paperwork through service of publication. For this service, individuals must publish their summons and complaint in a newspaper that is distributed in the region your spouse may reside in. However, before you can use this service you must present your evidence to the court that you attempted to serve your spouse before reaching this last resort. If the court is convinced you did everything possible to contact your spouse, they will allow you to proceed with this service.

Divorce can be stressful and having a missing spouse may seem like you’ll never be able to proceed with your new life. However, there are resources out there to help you divorce your spouse, including attorneys with years of experience in divorce proceedings. If you’re not sure which resource to use to serve your missing spouse, reach out to us at Hoover ♦ Krepelka, LLC for a free consultation. We’ll do our best to get your case moving forward.

Fiduciary Duty of Spouses in a Dissolution of Marriage in California

Posted on: September 5th, 2017 by admin

Traditionally associated with relationships between business partners, a fiduciary duty is the highest duty of fair dealing and good faith. It’s important to know that a fiduciary relationship also exists between spouses under California law. A fiduciary relationship between two people is created when they enter into a marriage. These duties apply to each spouse equally. The duty continues throughout the marriage until the marriage is dissolved and all property is distributed. This means the duty can last in situations where the division of property is not completed before the dissolution of the marriage.

What Does the Fiduciary Relationship Require?

The fiduciary duty between spouses is more than just a general requirement to deal fairly and to prevent one party from taking unfair advantage of the other. California law also requires wide ranging disclosure regarding marital assets. These laws include:

  • Access to any property or financial records related to marital property
  • Prevent a spouse for selling any household items before dissolution of the marriage
  • Inform the spouse of any interest or thing of value accrued from marital property
  • Keep all records related to marital property clear and legible

What Happens if the Fiduciary Duty is Breached?

Any breach of these duties can lead to serious consequences from a court of law. This is the case whether the breach was intentional or inadvertent. Failure to disclose information required by the court can lead to monetary sanctions in the amount of 50% – 100% of the value of the asset that wasn’t disclosed or handled appropriately. A spouse can be liable for attorney’s fees and court costs on top of these steep sanctions. In the most extreme cases, a failure to disclose a marital asset can lead to a divorce decree to be set aside to allow for redistribution of the community property.

Is it Worthwhile Discussing This With a California Divorce Attorney?

Yes. The rules regarding fiduciary duties between spouses during separation and divorce in California are complicated. If you have questions Hoover Krepelka, LLP is ready to help.

Will I receive spousal support?

Posted on: April 5th, 2017 by admin

The purpose of spousal support is to maintain a standard of living that is near that which was established during the marriage. Temporary orders are often put in place during the separation and divorce process, while ongoing orders would accompany the final divorce decree.

Many people believe California law creates an absolute right to spousal support. However, far from being an entitlement or simple calculation, spousal support is based on a set of 14 factors with the court having wide discretion over their interpretation of these factors. These factors include:

  • The extent to which each of the parties themselves is capable of contributing to the established standard of living.
  • The extent to which the lesser earning spouse supported the higher earner while they were establishing themselves and their earning capacities.
  • The supporting spouse’s ability to pay, as determined by the current situation, not past or future earnings or potential earnings.
  • The needs of each of the parties with respect to the established standard of living.
  • The parties assets and debts, including those that are not mingled within the marriage.
  • How long the marriage lasted. Generally speaking, the longer a spouse may have been out of the workforce the more likely the need for spousal support.  
  • Impact on dependent children for the supported to attain worthwhile employment.  
  • Age and health of each of the parties. This factor may also come into play as to the duration of the support order.
  • History of domestic violence between the parties.
  • Tax implications.
  • The balance of hardships between the parties, their needs and obligations, and the impact of the support order itself.
  • The goal that the supporting spouse will become self-sufficient within a reasonable amount of time.
  • The criminal conviction of an abusive spouse.
  • Any other factor the court determines to be relevant.

In addition to the above factors, it should be noted that it is a stated goal of California that each of the parties makes a good faith effort to become self-sufficient.

If you would like to learn more about your individual situation, or to schedule a free consultation contact the offices of Hoover Krepelka Family Law Attorneys at (408) 389-7099 to speak to one of our skilled professionals today.

Travis Krepelka Talk – Divorce: Custody & Visitation Rights pt2

Posted on: March 24th, 2017 by admin

Watch as Travis Krepelka of Hoover ♦ Krepelka, LLP continues his previous topic of “Divorce: Custody & Visitation Rights.

Seeking Child Custody in California When You Are Not Married

Posted on: March 17th, 2017 by admin

Generally speaking, California law gives a legal presumption that a husband and wife are the parents of a child born into that marriage. California Family Code Section 7540 reads in part as:

“Except as provided in Section 7541, the child of a wife cohabiting with her husband, who is not impotent or sterile, is conclusively presumed to be a child of the marriage.”

When a child is born to unwed parents, however, the child does not have a legal father until parentage, sometimes called paternity, is legally established. This effectively means the unwed mother’s custody rights are a given and unwed fathers have neither rights nor responsibilities to their children until their parentage is established. (more…)

Am I Entitled to Spousal Support?

Posted on: February 28th, 2017 by admin

Spousal support, the term used nowadays for what was once called alimony, is fairly simple as a concept. The idea is that if you get divorced, and you do not have the skills or abilities to take care of yourself and live at the same standard you were accustomed to, your spouse must make regular payments to help if they can afford to do so.

If you’re getting divorced in California, you may be wondering if you’re entitled to this kind of support. The answer is that it depends on the court. (more…)

What is a Marriage Settlement Agreement?

Posted on: February 3rd, 2017 by admin

A marriage settlement agreement is a written agreement between divorcing couples detailing their mutual agreement on the terms of their divorce.

The vast majority of divorces are able to be settled without a trial, and most courts will encourage, possibly even order the couple to attempt an agreement through such means as negotiation or mediation. Once reached, the agreement can then be reviewed by the court for fairness and either merged with or incorporated into the divorce decree. (more…)

Hoover Krepelka Welcomes Karla De La Torre as an Associate Attorney

Posted on: January 30th, 2017 by admin

Hoover Krepelka, LLP is pleased to announce the addition of Karla De La Torre to our team of 13 Family Law Attorneys. Karla is fluent in Spanish and brings valuable legal expertise to the firm. Welcome aboard Karla!

https://hooverkrepelka.com/attorney-profiles/karla-de-la-torre/

Kylie Reich Promoted to Associate Attorney

Posted on: January 30th, 2017 by admin

Hoover Krepelka, LLP proudly announces the promotion of Kylie Reich to Associate Attorney! Click here to read her bio and learn more about how she is able to assist with those in your network who may be going through divorce. Congratulations Kylie!

Kylie E. Reich

 

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