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Posts Tagged ‘family law lawyers’

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.

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.

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…)

Three Major Elements That Can Make Divorce Very Nasty

Posted on: January 26th, 2017 by admin

Watch as Travis Krepelka of Hoover ♦ Krepelka, LLP speaks about the three major reasons divorce can be a very expensive decision. Tune in for the next bit of advice Travis gives, or visit hooverkrepelka.com to speak with a Hoover ♦ Krepelka, LLP. attorney.

Divorce Filing Spikes in January – Travis Krepelka’s First 2017 Blog Post

Posted on: January 12th, 2017 by admin

Travis Krepelka of Hoover ♦ Krepelka, LLP shares his first blog video of 2017. In this video, he shares information on divorce spikes in January, consistently.

Change In Circumstances To Modify Child Custody Orders

Posted on: January 9th, 2017 by admin

When seeking to modify child custody orders, the parent requesting the change must first prove to the court that a significant change in circumstances has occurred since the last order was issued. This is often a high hurdle to pass, as it requires a showing, that it is not just a good idea to change the order, but rather, that it is in the best interests of the childthat the order is changed.  This may be especially true if the current order is a recent one.

While Judges have wide discretion in determining what constitutes a significant enough change, it will likely not be enough for the parent seeking the change simply to show that they are doing better, perhaps because of a new job, or purchasing a larger home.  Parents usually must show something has materially changed that is directly affecting the child in a negative manner, or that it certainly will in the future. (more…)

Hoover ♦ Krepelka, LLP congratulates Kara Foster on her promotion to Senior Associate Attorney.

Posted on: August 19th, 2016 by admin

The team at Hoover ♦ Krepelka, LLP congratulates Kara Foster on her promotion to Senior Associate Attorney. Kara is an integral part of the firm and successfully manages highly complex family law issues for our clients. Congratulations on a well-deserved promotion, Kara!

Ms. Kara N. Foster attended the University of California, San Diego for her undergraduate education. There she received a B.A. in Psychology and a B.S. in Biochemistry and Cell Biology. Ms. Foster worked her way through her undergraduate career as a laboratory intern for the Lawrence Livermore National Laboratory, Neurocrine Biosciences and Crinetics Pharmaceuticals.

A Northern California native, Ms. Foster returned to the Bay Area for Law School at Santa Clara University School of Law, where she received her Juris Doctor. Originally planning to practice Patent Law, she instead found her calling in Family Law, helping people through difficult life situations. While in law school she worked for the Northern California Innocence Project which helps exonerate wrongfully convicted persons. She also gained valuable experience in the Dependency Court and earned a Pro Bono Award as a Certified Law Clerk for The Law Offices of Allen Korenstein. Ms. Foster joined Hoover ♦ Krepelka, LLP as a law clerk in 2012 and became an associate upon passing the California State Bar. In 2016, she was promoted to senior associate.

In her free time Ms. Foster enjoys reading and baking as well as sky diving, snowboarding and cheering on local Bay Area sports teams.

Patrick D. O’Neil: Associate Attorney

Posted on: May 19th, 2016 by admin

Patrick-Headshot-compressorHoover Krepelka proudly welcomes Patrick D. O’Neil as Associate Attorney. Patrick’s family law experience and familiarity in working with families affected by domestic violence make him a valuable addition to our team of attorneys.

View Patrick D. O’Neil’s full profile here.

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