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Archive for the ‘Blog’ Category

Is There a Difference in Divorce Procedures for Same-Sex Couples in California?

Posted on: January 15th, 2018 by admin

For same-sex couples seeking to end their partnership, there may be some confusion as to whether a same-sex divorce follows the same steps as a different sex divorce. Fortunately, divorce proceedings are the same for same and different sex partnerships. In the case of divorce, the court does not care who you chose to marry and focuses more on how to help both parties separate in a peaceful manner. Furthermore, California is a no-fault state, which means that there is no guilty party to blame in the divorce. As such, couples can divorce due to irreconcilable differences and do not need to provide any more reasons to the court to explain their decision.

If you are in a same-sex partnership and wish to divorce, the court will want to consider any:

  • Custody and visitation
  • Child support
  • Partner support
  • Division of property
  • Responsibility of debts

It will take at least 6 months for same-sex partners to divorce one another. Divorce proceedings can take longer dependent on how quickly both parties reach a compromise regarding custody or division of property. However, while divorce can take longer, it cannot occur before 6 months after starting the case.

California Residency Requirement for Different Sex and Same-Sex Marriages

For married couples to get divorced, same sex or otherwise, couples must meet California’s residency requirements. Either you or your partner must have lived in:

  • California for the last 6 months, AND
  • The county where you plan to file the divorce for the last 3 months.

If you do not meet the residency requirement, you can still file for a legal separation. There is a residency exception, according to the California Courts Judicial Branch of California, regarding residency requirements for same-sex couples. Same-sex married couples who got married in California but live in a state that will not dissolve a same-sex marriage, can file for divorce in California, regardless of these residency requirements. Couples are still required to file in whichever county they were married. Note that as of the 2015 Supreme Court decision legalizing same-sex marriage, there are no longer any states that will not dissolve a same-sex marriage.

If you’re not sure whether you can divorce your same-sex partner or need assistance in reaching a compromise regarding custody, child support, or division of property, reach out to the family law attorneys at Hoover ♦ Krepelka, LLP. We’ve been assisting couples for decades answering any questions regarding divorce for all types of partnerships.

James J. Hoover—Avvo’s 2017 Client’s Choice Award Winner for Best Divorce Attorney

Posted on: December 8th, 2017 by admin

Picture of James J HooverGoing through a divorce is often the most stressful experience in a person’s life. Having to deal with the emotional strain, financial burden and child custody struggles involved can be enough to test any individual, but you don’t have to go through this alone. You need the right attorney to represent you, and that’s why Avvo provides a directory of divorce attorneys with helpful information and reviews. But Avvo takes helping you find the right attorney even further by highlighting the best reviewed attorneys in their area, and guess who has been chosen again.

For 2017, James Hoover has once again been recognized by Avvo’s Client Choice Award for Best Divorce Attorney. This honor is chosen based on the authentic client reviews submitted to Avvo, and James has received multiple five-star reviews. He was also recognized for this award back in 2015.

James Hoover is a Certified Family Law Specialist, an honor bestowed by the California State Bar to only around 10 percent of family law attorneys practicing in the state. He graduated in the top 2 percent of his class at Santa Clara University School of Law, achieving CALI Awards in his Contracts, Torts, Commercial Transactions, Wills and Trusts, Dispute Resolution and Criminal Procedure classes.

Hoover ♦ Krepelka, LLP would like to thank the clients who wrote such kind words about the service they received from James! We hope to continue to serve our clients with the high-quality representation that they have come to expect and deserve.

How to Make Sure Your Divorce Doesn’t Damage Your Career

Posted on: November 20th, 2017 by admin

You might be surprised to learn that in some circumstances a divorce can damage your work life. When you and your spouse decide to part ways, it is generally assumed that it is a personal matter that should have little to no impact on your professional life. Therefore, you may be wondering: How could your divorce damage your career?

Tips to Prevent Your Divorce From Damaging Your Career

If your divorce gets messy, it can bleed into every aspect of your life, including your work life. Therefore, knowing how to prevent your divorce from hurting your career is crucial. Here are a few tips for how you can help prevent your divorce from harming your professional life:

  • Alert your boss and Human Resources – Tell your boss and your HR department that you are going through a divorce. Telling your boss will let him or her know to expect you to need some schedule flexibility at some point to attend court dates and other divorce proceedings. Letting your HR department know that you are getting a divorce will enable you to get important information from them that you need to know, such as how your health insurance premiums, retirement plan and pension will change.
  • Make sure you have a budget in place – Typically, both sides take a financial hit in the wake of a divorce or legal separation. Therefore, have a plan in place as to how you will handle your finances following your divorce.
  • Do not make any hasty decisions – Take some time following your divorce to get used to life after marriage before making any big decisions, like moving, quitting your job or going back to school.
  • Do not take your mental health for granted – The divorce process is an extremely stressful time. Make sure you are not taking calls from your lawyer during the workday unless you absolutely have to. Eat healthy. Get to the gym a few times a week. Limit the time you spend at after work happy hours. Talk to a therapist, friends and family about the situation.

The experienced divorce attorneys at Hoover Krepelka, LLP know how to help you handle your legal separation or divorce discreetly, so that it does not become an issue that negatively impacts your professional life.

Is Online Dating Lowering Divorce Rates?

Posted on: November 10th, 2017 by admin

MarketWatch recently published an article about the impact that online dating websites, such as Tinder and OKCupid, are helping to lower the number of divorces. For many, this flies in the face of everything they believe about online dating and its impact on divorce numbers. Therefore, how is online dating lowering divorce rates instead of increasing them?

Why Is Online Dating Lowering Divorce Rates?

The general consensus is that online dating has led to the development of a hookup culture and the demise of the classic dinner date. However, according to a study by a professor from the University of Essex and a professor from the University of Vienna, online dating has actually led to stronger marriages, more people dating people from outside their social circles and more interracial couples.

Reportedly, the reason online dating is being credited for the development of stronger marriages and the lowering of divorce rates is because it has expanded people’s dating pools. In the past, people met through friends of friends, at work or at school. Therefore, they generally only dated people from inside their current social circles. Online dating allows people to date people that are not like them, which sometimes helps create very happy unions.

As part of their study, the professors ran over 10,000 simulations of randomly generated societies and according to the results, couples in those societies that met online only broke up 5.9 percent of the time. However, couples in those societies that met offline broke up 7.6 percent of the time.

At Hoover Krepelka, LLP, our experienced divorce lawyers have been helping people file for divorce for decades.

What Can Divorce Lawyers Do to Help Domestic Violence Victims?

Posted on: October 24th, 2017 by admin

Recently, People magazine featured a story on celebrity Audrina Patridge who joined the ranks of many other domestic violence victims who have been forced to file for divorce from their abuser. In the case of Patridge, she claims that she has had to deal with multiple instances of violent outbursts and emotional abuse from her husband of 10 months, Corey Bohan.

One instance Patridge described in the article involved Corey following around their home, being aggressive and cursing at her repeatedly because she would not reveal who had told her that he was allegedly cheating on her with another woman. As this was all going on, she had the couple’s 1-year-old daughter in her arms. When she attempted to leave with the little girl, Corey reportedly locked the door and pushed her back into the room. At that point, Audrina pleaded with Corey to let her take their daughter to stay with relatives, so that she did not have to be around while they had this argument. She alleges Corey grabbed her purse and backpack and threw them on the floor, punched himself in the head and then punched a hole in the wall. After that, he let her pass, but then raced down the stairs in front of her and threatened to do harm to himself if they left. Audrina called her father to come over after that. Before her dad arrived Corey left.

According to the article in People, Audrina feared for the safety of her daughter and herself if she filed for divorce without first getting a restraining order against Corey, which she was able to do in mid-September.

Why Should Domestic Violence Victims Talk to a Divorce Lawyer?

Domestic violence victims need to get away from their abusers as soon as possible. Speaking to a divorce lawyer about their situation can help accelerate the process of getting abused spouses and their children to safety. Divorce attorneys are experienced in dealing with these types of situations, and have often helped many others file restraining orders and file for divorce from abusive spouses.

The experienced divorce attorneys at Hoover Krepelka, LLP have been ensuring that domestic violence victims are protected and get the help they need to separate from abusive spouses for decades, including assisting with filing temporary and permanent restraining orders as well as helping them file for divorce.

Our 4th annual Employee Appreciation Event

Posted on: October 7th, 2017 by admin

It’s another great day at HK! Our 4th annual Employee Appreciation Event is underway in Half Moon Bay…we’ve grabbed our pumpkins from Arata Farms and are ready for the Halloween season. Thanks to our partners/bosses James Hoover and Travis Krepelka for making this a special tradition for all of us!

 

Exciting Announcements from Hoover Krepelka, LLP

Posted on: September 8th, 2017 by admin

It’s a wrap! Thank you to the lovely and talented Esmée St James for capturing James Hoover and Travis Krepelka during our photo shoot. Stay tuned as Hoover Krepelka, LLP rolls out our new website along with more staff additions and new practice area announcements.

Esmée St James

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.

Lydia Hsu Promoted to Senior Associate Attorney

Posted on: August 21st, 2017 by admin

James Hoover and Travis Krepelka announce the promotion of Lydia Hsu to Senior Associate Attorney. Lydia has extensive court experience and is extremely well-versed in domestic violence and child visitation matters. She is fluent in Mandarin and is an integral part of our team of family law attorneys. Please join us in extending a huge congratulations to Lydia!

Lydia E. Hsu

Need Help Dividing Marital Assets and Debts?

Posted on: August 11th, 2017 by admin

dividing marital assets

Do you or someone you know need a solid strategy for dividing marital assets and debts before, during or after a divorce? Jill Blake-Burke, Senior Associate Attorney at Hoover Krepelka, LLP will be addressing this topic live in San Jose on Thursday, August 24th at 5:00 pm. Please contact Michelle.Hoover@hooverkrepelka.com for event details.

 https://hooverkrepelka.com/attorney-profiles/jill-m-blake-burke/

 

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