Law Office of Michael L. SeidmanBakersfield Family Law & Divorce Attorney | Michael L. Seidman2024-01-17T15:33:26Zhttps://www.seidmanlawoffice.com/feed/atom/WordPressOn Behalf of Law Office of Michael L. Seidmanhttps://www.seidmanlawoffice.com/?p=468832024-01-17T15:33:26Z2024-01-17T15:33:26ZParents usually share legal custody
Although people use the word custody to refer to parenting time, California differentiates between physical custody and legal custody. Physical custody is the immediate control over the child and responsibility to provide for their needs. A parent with physical custody has parenting time with the children.
Legal custody refers to decision-making responsibility. Usually, the adults in a family share that legal custody just like they share parenting time. When it comes to healthcare decisions, both parents typically have the authority to make emergency decisions for a sudden issue that arises during their parenting time. However, long-term decisions and non-emergency medical care may require the consent of both parents. When parents share legal custody, they usually need to reach an agreement on specific terms. Occasionally, a custody order designates one adult as the parent who has the final authority in certain matters.
If there is no such designation and the parents cannot reach an agreement, then the matter may need to go back to family court. It is possible for judges to rule on decision-making conflicts in extreme cases where the child's safety may be at risk. In such scenarios, it is the best interests of the children, not the rights of the parents, that has the most impact on what a judge decides.
Reviewing a custody order with the assistance of a lawyer can help someone determine what steps to take next after a conflict related to a major decision about their child's medical care.]]>On Behalf of Law Office of Michael L. Seidmanhttps://www.seidmanlawoffice.com/?p=468822023-11-30T04:07:29Z2023-11-30T04:07:29ZYour options
Upon divorce, you have three options when dealing with your marital home: sell it and split the proceeds, give it up for another asset of equal value or use money from your separate property to buy out your soon-to-be ex. If you decide to sell the house, you'll first have to settle your mortgage arrears and other fees before splitting the remaining proceeds. If you choose to keep the house, you have to refinance or assume the original mortgage of your name.
Refinancing your mortgage in California
When you refinance a mortgage, you replace your existing mortgage with a new one. Your new lender will pay off your old mortgage, and you'll pay them under new terms.
For you to do this successfully, you should check to see if you meet all the requirements, such as income and credit score. If you do, shop around for different lenders to find the one that fits your financial goals best.
Assuming the original mortgage
Another option is to assume the original mortgage, where you replace one of two names on the mortgage with yours. You can do it using a quitclaim deed, a transfer of interest in the property from you to your spouse.
Assuming the mortgage loan seems like a more favorable option for you, consider things like interest rates (the current market rate may be higher than the initial loan) and whether or not your credit score is good enough to qualify for a refinanced mortgage.
Ultimately, no matter which path you choose upon divorce — selling the house, trading it for another asset or buying out your spouse — it's paramount to approach each option with a clear understanding of your financial situation and goals. Your life after divorce should not be a financial struggle, and by making informed decisions regarding your shared assets, you can set yourself up for success in the future.]]>On Behalf of Law Office of Michael L. Seidmanhttps://www.seidmanlawoffice.com/?p=468802023-07-21T04:19:03Z2023-07-21T04:19:03ZThe household is toxic
The San Antonio Behavioral Healthcare Hospital states that children exposed to toxic environments often develop anxiety disorders. This is often the result of feeling unsafe, worried or depressed. Married couples who are unhappy and want to divorce can create a toxic environment for the family. Divorce is possibly worth considering if the marriage creates a dangerous and unhealthy home for the children.
Decreased parenting skills
Dealing with a bad marriage takes an emotional toll on the family. If you and your spouse are unhappy with each other, this can affect your ability to act as parents. Raising children requires cooperation and mutual respect, but that’s not easy when parents are feuding. When parents aren’t struggling to remain together, they both can do what’s best for their children.
Setting a bad example
Witnessing a marriage that has constant turmoil and conflict has a negative effect on children. Not only can this cause children to think a toxic marriage is normal, but it can also hurt their future relationships. Getting a divorce can set a better example by showing children that an unhealthy marriage isn’t desirable.
Most couples put a lot of time and effort into their decision to divorce. They might seek marriage counseling or attend therapy to work on personal problems. And unless there’s violence or sexual abuse in the household, couples might decide their marriage is worth saving. However, some parents realize that getting divorced is actually in the best interest of their children.]]>On Behalf of Law Office of Michael L. Seidmanhttps://www.seidmanlawoffice.com/?p=468782023-04-04T22:09:42Z2023-04-04T22:09:42ZAssessing the value of assets in other countries
One of the first steps in any divorce proceeding is to assess the value of assets owned by both parties. This process becomes more complicated when assets are located in other countries. You may need to work with professionals in other countries to assess the value of property or investments, taking into account currency fluctuations and tax implications.
Dividing assets in other countries
Once you and your team establish the value of assets in other countries, the next step is determining the division of those assets between the parties. This can be a complex process that involves legal and financial considerations. In some cases, it may be necessary to work with professionals in the other country to ensure that the assets are divided fairly and in accordance with local laws.
Tax implications
Divorcing couples with assets in other countries should also be aware of the tax implications of dividing those assets. Depending on the country, there may be capital gains, gifts or estate taxes to consider.
Enforcing property rights in other countries
Another challenge that divorcing couples with assets in other countries may face is enforcing property rights in those countries. Depending on the country, property laws and legal systems may be very different from your home country.
Managing the emotional impact of divorce with assets abroad
Finally, divorcing couples with assets in other countries may face additional emotional challenges as they navigate the divorce process. Moving between countries, dealing with legal and financial complexities, and managing the emotional toll of divorce can all be very difficult.
Divorce is never easy and can be even more complicated when you have assets in other countries. However, with the help of experienced professionals, navigating the complexities of divorce with assets abroad is possible.]]>On Behalf of Law Office of Michael L. Seidmanhttps://www.seidmanlawoffice.com/?p=467352023-03-04T17:54:29Z2023-01-16T06:39:08ZHow to handle your spouse's refusal to agree to a divorce
It can be incredibly frustrating when you're ready to move on with your life but your spouse won't agree to a divorce. You may feel at a standstill, and there's nothing you can do to change their mind.
There are a few things you can do if your spouse refuses to agree to a divorce:
Talk to them about why they're unwilling to go through with the divorce. Try to understand their perspective and see if there's any room for compromise.
Consider going to counseling or therapy together. This could help you both communicate better and work through any underlying issues causing the disagreement about the divorce.
You may need to file for a divorce without your spouse's agreement if all else fails. This is called a contested divorce, which can be more complicated than an uncontested one.
No matter what you decide, it's important to remember that you have rights. Don't let someone else's refusal stop you from achieving the life you want.
Managing the situation
While it can be challenging to manage a situation when your spouse won't agree to divorce, you can still employ several strategies. First, you must remain patient and understanding with your spouse. Remember that the best outcome for both of you is one where all parties involved come out as emotionally secure as possible. Then, if necessary, seek counsel for any additional help or guidance in determining how to move forward with the matter at hand.]]>On Behalf of Law Office of Michael L. Seidmanhttps://www.seidmanlawoffice.com/?p=467332023-03-04T17:54:34Z2022-11-22T01:17:43ZWhat are the most common reasons for divorce?
Abuse in both its physical and emotional forms is common ground for divorce. You might also find that divorce is the only option if your partner mentally leaves the room by numbing themselves with substances. When you're living with someone who is constantly intoxicated, it can feel more isolating than if you were living by yourself.
But a person doesn't have to be drunk or on drugs for them to fail to be present in their marriage. Even if they are stone-cold sober, your partner may still be exhibiting pathological passivity in the relationship if they never contribute or help out with problem-solving. It's incredibly hard to figure everything out on your own, and you shouldn't be expected to.
Being in a relationship implies that there's more than one person working together to make things easier - not more challenging. When your partner is acting more like a child than an adult in the relationship, they may start unconsciously treating you as if you're a parental figure.
From incompatibility to infidelity
You might also just be incompatible with your spouse. Some people just have strong opinions, want to have certain things their own way and don't have any room for compromise.
Things like infidelity can also lead to divorce, in which case you're most likely to see the dramatic and sudden end of a marriage. But that's not always the case, and the decision to get a divorce is often a slow burn.
In some cases, it's just that the kids have moved out. Now that the parents have the house to themselves and - in theory - don't have to worry about their children as much, their focus might turn inward to their own relationship. And with the consequential fallout of breaking up the household lessened, it may seem like more of an option than before.
Sadly, some people are not capable of loving their partner or giving the amount of love that their partner needs. This is one of the hardest things to hear when you're on the receiving end, but something that must be accepted in order to move on.]]>On Behalf of Law Office of Michael L. Seidmanhttps://www.seidmanlawoffice.com/?p=467282023-03-04T17:54:38Z2022-07-20T00:54:40ZParenting guidelines
In its most basic form, a parenting plan specifies the child custody and visitation schedule with each parent, including how holidays, vacations and special occasions will be handled. However, parents may want to discuss and include guidelines for other issues as well. This will vary from family to family but may include topics as wide-ranging as screen time, alcohol usage, bed times, and how the child will remain in touch with extended family members. Parents may also want to include an agreement about how they will communicate with each other. In potentially high-conflict situations, there is software that they can use for all of their communication that keeps a copy of those exchanges. This can help keep communication focused on the children rather than arguing over other issues.
New relationship rules
While the primary purpose of a parenting plan is to protect children, there are benefits in it for adults as well. Parameters laid out in the plan make boundaries clear so that arguments about them do not erupt later. One of the places where this can be most important is in outlining a process for introducing a new relationship into the mix. Parents may prefer to name a certain amount of time that the relationship has lasted before children meet the new person, but they may also want guidelines for their own comfort as well. It is generally always a bad idea to use children as conduits for messages to one another, and this can be especially true when it comes to new relationships. An agreement that parents must inform one another before telling the children can ease this discomfort.
It may be difficult, but talking through these issues will provide long-term benefits. No one has an easy time during a divorce, but it is paramount to put the best interests of the children first.]]>On Behalf of Law Office of Michael L. Seidmanhttps://www.seidmanlawoffice.com/?p=466512023-03-04T17:54:42Z2022-04-08T21:53:36ZTaking steps to deal with the decision
The decision to divorce could prove incredibly stressful, so a spouse might need to spend time focusing on health and wellness. Parents may take further steps to ensure their children are coping well.
Seeking support and assistance may be wise, but friends and family might not offer the best opinions. A professional therapist may offer better resources for divorcing individuals to cope with the stress.
Financial considerations and divorce
Financial concerns may weigh heavily on the mind, which is why a spouse might seek alimony. Spousal support is not about avoiding work but serves as a way to better transition to newly single life without suffering the shock of living on a budget far reduced from the one during the marriage. Other financial matters could become necessary to negotiate during a divorce, such as dividing debts and retirement assets.
Allowing divorce negotiations to reach an impasse won't likely help either spouse. While both parties could reasonably seek what they deserve, one or both spouses might become insistent on a particular outcome. Although the process does not lead to a binding agreement, mediation might provide a solution.
A divorce trial might be necessary if the parties can't come to terms through mediation. That could be a costly and time-consuming option, so spouses should at least attempt to negotiate on their own first.]]>On Behalf of Law Office of Michael L. Seidmanhttps://www.seidmanlawoffice.com/?p=466502023-03-04T17:54:46Z2022-01-11T21:46:16ZAlimony, dependency, and child support
For divorces and legal separations after 2018, alimony is no longer deductible by the spouse paying the alimony or included in the recipient's income. This makes tax handling for money paid to third parties as an alimony proxy less relevant. For divorce and separation agreements before 2019, alimony is deductible to the payor spouse and can be included in income to the receiving spouse.
Negotiations
The 2017 act made the alimony negotiation between spouses irrelevant. From 2018 to 2025, there will be no deduction for dependency. At the start of 2026, however, the deduction will go back into effect. This means that if a taxpayer was getting a divorce in 2021 and the child are minors, divorcing spouses should address this issue to determine who will receive the dependency deduction once 2026 arrives.
Tax laws will determine who receives the exemption, and it will always be the spouse who has legal custody of the children since divorce or legal separation does not override federal tax regulations. Spouses can negotiate to decide which spouse will take the dependency exemption deduction. The noncustodial parent can take the deduction if the custodial spouse signs IRS form 8332. A copy will be provided to the noncustodial parent.]]>On Behalf of Law Office of Michael L. Seidmanhttps://www.seidmanlawoffice.com/?p=466452023-03-04T17:54:51Z2021-12-28T23:57:10ZJanuary and divorces trends
In 2016, researchers from the University of Washington conducted a study to see if there was statistical evidence to prove that January was indeed the divorce month. They looked at divorce filings from 2001 to 2015 and compared the rates for each month. Unsurprisingly, they found what was believed to be true — of all months, marriage dissolution rose steadily in January and peaked in March.
In addition, according to Google Trends, many people searched about divorce in January than in any other month. The same was seen in Pinterest searches and other online platforms.
Why is this the case?
When people face the holiday seasons, they tend to have high expectations of their life despite the problems they may have been facing. They want to have a good time with their families, constantly looking for new opportunities as they expect to transition into the New Year. Others just put off their issues as they go through the chaos and stress of the holiday season.
When this time is over, and the pressure is off, reality hits you again. If you had problems in your marriage that you were putting off, it comes back again even harder because you can't imagine starting a New Year going through the same issues again. The desire to start over a new leaf often results in a high January divorce rate.
For other people, financial concerns can play a part in increased divorce in January. If you have money problems in your marriage, expensive travel arrangements and holiday spending can worsen the situation. And pushing a divorce to January seems to be a good idea because the previous year's taxes won't impact you.
As much as January has gained popularity as the divorce month, it is not a good idea to stay in a toxic marriage just waiting for the holidays to be over to free yourself. If your union is taking a toll on you, any month is the right time to get a divorce.]]>