Prager JonesPrager Jones2024-03-28T03:50:51Zhttps://www.pragerjones.com/feed/atom/WordPress/wp-content/uploads/sites/1203506/2021/08/cropped-Site_Graphic-Original-32x32.jpgOn Behalf of Prager Joneshttps://www.pragerjones.com/?p=500712024-03-28T03:50:51Z2024-03-28T03:50:51ZModifying the court order
It is possible to move after a divorce, even when you share custody. However, if you’re planning to move some distance, you’ll need to have the court order modified. Otherwise, you are still obligated to make those weekly exchanges with your ex. If moving to New York would make that impossible, it could be a violation of your ex’s parental rights. It could hinder both of your relationships with the children.
That said, the court does understand that people sometimes have to move and need to modify their custody arrangements. The court just wants to see a good-faith reason to do so, and taking a new job is one example. Others include moving closer to extended family members or going back to school.
No matter what your reason, the key is to modify the arrangement in advance so that you don’t put your own custody rights in jeopardy. Be sure you know exactly what legal steps to take to improve your chances of getting the modification you’re seeking.]]>On Behalf of Prager Joneshttps://www.pragerjones.com/?p=500662024-03-13T13:27:56Z2024-03-13T13:27:56ZIt doesn’t take physical intimacy to have an affair.
An emotional affair is a connection between two individuals that goes somewhat beyond the norms of a platonic friendship – creating an “emotional intimacy” that mimics the closeness most people have in their marriages. They can be just as damaging (or maybe more so) than physical affairs due to the depths of the betrayal involved.
How do emotional affairs start?
Emotional affairs can start in social groups, support groups, the workplace or online. Your spouse’s “gaming buddy” or “work spouse” can threaten your marriage just as much as an online friend – although there’s no question that a lot of emotional affairs start with social media connections. However, emotional affairs don’t happen in a vacuum. Several factors contribute to the development of an emotional affair, including:
Poor communication between spouses: Emotional affairs often arise when one or both partners in a marriage feel emotionally unfulfilled, unheard or unsupported.
A need for companionship: Sometimes an emotional affair starts because one spouse has gotten lonely. They may feel like the other spouse is disinterested in the hobbies and activities that matter to them.
A need for validation: When someone cannot find validation in their marriage, they may look outside to get the appreciation and support they need in their career or other aspects of their life.
Emotional affairs are a huge violation of trust. The secrecy and emotional intimacy shared with an emotional affair partner can lead to a total breakdown of that basic building block in a marriage. As emotional affairs intensify, the spouse having the affair may compare their spouse with their affair partner – and find their spouse lacking. This eventually leads the spouse in an affair to further direct their energy and time away from their spouse.If there’s no coming back from your spouse’s emotional affair, the most important thing you can do is prioritize your own mental, physical and financial well-being. Learning more about your rights in a divorce can make it easier.
]]>On Behalf of Prager Joneshttps://www.pragerjones.com/?p=500642024-03-01T14:09:33Z2024-03-01T14:09:33ZCalifornia law generally prefers when both parents are involved in a child’s upbringing. As such, regardless of whether you’re negotiating custody or if you’re navigating a contested custody situation, there are high chances you will share legal custody of your children, and it helps to understand your parental role and rights in such situations.
You and your co-parent must consult each other on key decisions
Shared legal custody means both parents have the right and responsibility to make important decisions about their child’s life. These decisions often revolve around crucial aspects of the child’s welfare, including education, healthcare and religious upbringing.
Therefore, your co-parent must consult you before making a major decision affecting your child’s life if you share legal custody unless it’s a medical emergency where quick intervention is needed. They can also expect the same kind of consideration from you. Shared legal custody also gives you the right to access the child’s records, such as medical and school records, and to be informed about significant events in their life (and vice versa).
Enforcing your custodial rights under shared legal custody
If your co-parent is not consulting you on major decisions or is not honoring your legal custody rights, you may take legal action to enforce these rights. Remember to document the incidents to ensure you have sufficient evidence to prove your claims. Seeking legal guidance to understand your rights and options can help you make informed decisions to protect your place in your child’s life.]]>On Behalf of Prager Joneshttps://www.pragerjones.com/?p=500622024-02-15T16:41:15Z2024-02-15T16:41:15ZIn some cases, you can identify life events that increase your odds of divorce. This doesn’t guarantee that divorce will happen, but it does mean that it is more likely for you at that time.
This can be helpful because it gives you a chance to plan ahead and get things in order. You may need to gather documentation or consider your legal options. So what are some life events that may mean it’s time to start thinking about the end of your marriage?
Losing your job
Some studies have found that people who lose their job are more likely to get divorced. This could be due to financial instability. Losing a job could create financial stress, meaning that your spouse may file for a divorce as it means to alleviate that stress.
Getting sick
Other studies have looked at sickness or serious illness and found that some couples are more likely to get divorced when one of them is diagnosed. Specifically, there seems to be an increase in the divorce rate in heterosexual marriages when the wife gets sick – but not necessarily when the husband is the one who suffers from the ailment.
Becoming empty nesters
Finally, there has been a rise in gray divorce over the last decade. One reason for this is that many couples become empty nesters when their children move out of the house, often when they go to college. This can cause serious changes to the couple’s personal relationship, and that may lead to divorce. Some couples discover that they have been drifting apart but their children were enough of a distraction that they didn’t notice it before.If you and your spouse do decide to get a divorce this year, that means it’s time to look into all of the proper legal steps to take regarding property division, allocation of parenting time and much more.]]>On Behalf of Prager Joneshttps://www.pragerjones.com/?p=500612024-02-13T14:22:24Z2024-02-13T14:22:24ZA family home
Married couples sometimes commit as much as 30% of their monthly income toward mortgage payments. The longer the marriage lasted and the more years people have lived in the home, the greater the amount of equity they may have accrued. Price appreciation is also an important consideration. Obtaining an appraisal is often important before a divorce, as the value of the home may have shifted substantially since the spouses first purchased it.
A small business or professional practice
Perhaps one spouse has a license to work as a professional accountant and runs a small professional practice handling payroll matters and income tax filings. Maybe the spouses started a small retail shop together. A business owned jointly by the spouses or even held by one spouse is likely at least partially marital property. Spouses may need to negotiate to determine an appropriate valuation and to establish how much of the business or practice is marital property and how much might be separate property.
Prestige items
Perhaps one spouse has an affinity for designer handbags and has accumulated dozens of them during the marriage. Maybe one spouse has a hobby of rebuilding classic cars. While the other spouse may have no interest in claiming someone's art collection or wardrobe, high-value personal property can still be part of the marital estate. Determining what someone's collection or tools are worth can be important for the fairness of the final property division settlement.
Those who have an accurate understanding of what assets in the marital estate are worth may have an easier time when negotiating property division matters with their spouses. As such, taking the time to properly value marital property can be an important step during a high-asset California divorce.]]>On Behalf of Prager Joneshttps://www.pragerjones.com/?p=500602024-02-01T17:58:49Z2024-02-01T17:58:49ZA valid prenup is enforceable in court
It’s helpful to understand that a prenup is a legal contract that must be executed correctly. Mistakes can invalidate your prenup, leaving you exposed during a divorce. For instance, it must be executed in writing, voluntarily signed by both parties well before the marriage and notarized. Full disclosure is also required when creating a prenup and its terms must be fair or reasonable for a legally binding agreement.
When done right, a prenuptial agreement will guide the property division process of your divorce. The judge presiding over the divorce will implement the terms of your prenup when divvying up assets and liabilities instead of relying on state laws. This can significantly streamline your divorce and avoid lengthy legal battles, not to mention the certainty and control it’ll give you over the proceedings.
A prenup can undoubtedly be a powerful tool for managing your financial matters in the event of a divorce. However, its effectiveness hinges on how well it was crafted and continues to align with the ever-changing legal landscape. Reaching out for qualified guidance can help you create a comprehensive document that will stand the legal test and serve its intended purpose if the time comes.]]>On Behalf of Prager Joneshttps://www.pragerjones.com/?p=500592024-01-18T23:31:16Z2024-01-18T23:31:16ZEstablish a material change in circumstances
You cannot seek a contested modification of the current child custody orders just because you desire a change. You must demonstrate that the requested modification is necessitated by a significant change in circumstances that impact the child's well-being. It could be because of a parent’s relocation, changes in the child’s needs, health or either parent’s living situation, for example.
Either way, you must present supporting evidence for a successful custody modification petition. Such evidence may include medical and financial reports, communication records, witness statements and even school reports, among others. Providing documentation of the change in circumstances that affect your child’s welfare enhances the credibility of your case, and assists the court in making an informed decision.
Attempt an amicable resolution
Before heading to court, California courts often require parents to attempt mediation unless the circumstances don’t allow for it. A neutral third party can act as a bridge between you and your co-parent to reach a mutually agreeable solution on the way forward. Mediation can be a productive way to address individual concerns and find common ground without the emotional and financial costs of litigation.
File your modification petition in court
If mediation doesn't bear fruit or is impractical, the next step is filing a petition with the court. A judge will hear and determine the matter based on the evidence and arguments presented. Ultimately, the child’s best interests will inform the outcome of your modification petition.
Seeking legal guidance from the outset is crucial. It can help you understand your parental rights and build a solid case, significantly boosting the chances of a desirable outcome.]]>On Behalf of Prager Joneshttps://www.pragerjones.com/?p=500572024-01-04T21:27:15Z2024-01-04T21:27:15ZDivorce can be a lot for a family to handle. Eventually, your children will learn about the divorce. As a parent, you may be struggling with the idea of how to talk to your children about the news before they learn it from someone else. Talking to your children about divorce shouldn’t be difficult. Here are three things to keep in mind::
1. Choose your timing carefully
The biggest issue many parents face as they discuss their divorce with their children is deciding when the appropriate time is to break the news. The fear is often that talking about the divorce at the wrong time will leave a lasting impression on a child. Many parents find it best to talk to their children together, when they know that their children will have some time to absorb the information without being pressured by school or other activities.
2. Choose your words even more carefully
A divorce is a complicated matter between adults. Your children don’t need to know the details. You may want to be honest about why the divorce is happening – but without casting blame on either parent. It’s enough to say that you simply don’t work well as a married couple.Additionally, it may help your children understand the matter if you talk about the future after your divorce so that they have some answers to their most pressing questions.
3. Expect your children to need some time
Once you discuss your divorce with your children, you may not know what to expect. Depending on your children’s ages, they may react differently. It may help to give your children space after the talk so that they can process the news, but you may also want to remind your children that you’re there for them. It can also help to be open when your children have questions. You may not know what to say to your children until you know more about your divorce. Reaching out for legal help can make it easier to navigate your divorce options. ]]>On Behalf of Prager Joneshttps://www.pragerjones.com/?p=500462023-12-20T12:50:08Z2023-12-20T12:50:08ZAs the new year approaches, an opportunity for reflection and renewal presents itself quite obviously. This period of fresh beginnings is not just for personal resolutions but can also be an ideal time for co-parents to revisit and review their parenting plans.
A parenting plan, often established during a separation or divorce, outlines how parents will raise their children. There are a few reasons why reviewing this plan at the start of a new year can be particularly beneficial as co-parents are looking ahead.
Making this effort is important
If you co-parent your children with your ex, you may be more acutely aware than most that as children grow, their needs, interests and routines evolve. What worked for you and your co-parent last year might not be as effective now. The new year is a perfect checkpoint to assess what has been changing and to adjust your parenting plan accordingly. This could involve tweaking parenting time schedules, considering new educational needs or incorporating new extracurricular activities into your overall plan of action.Just as individuals set personal resolutions, parents can set goals for their parenting as a new year dawns as well. This might include fostering a particular aspect of their child’s development, improving communication between co-parents or creating more quality family time. If adjustments to a parenting plan need to be made to foster these new goals, now is the time to talk about that reality with your co-parent. Finally, keep in mind that regular reviews of your parenting plan can foster a greater sense of consistency and stability for you, your co-parent and your child. Making this effort helps to ensure that all parties are clear about expectations and responsibilities, reducing the potential for conflicts or misunderstandings during the year to come. ]]>On Behalf of Prager Joneshttps://www.pragerjones.com/?p=500452023-12-12T22:43:17Z2023-12-12T22:43:17Zkey concepts that often come into play when division of retirement accounts are at issue are the transfer incident to divorce and the qualified domestic relations order (QDRO).
Transfer incident to divorce
Transfer incident to divorce refers to the tax-free transfer of retirement account assets between spouses as a part of divorce proceedings. Under the U.S. tax code, when a portion of a retirement account is transferred to a spouse or former spouse as part of a divorce decree, the recipient typically doesn’t have to pay income tax on this transfer. It's essential to ensure that the transfer is directly related to the divorce and is detailed in the divorce agreement or decree to avoid unintended tax consequences.
Qualified domestic relations order
A QDRO is a legal document typically used in divorces to divide assets in employer-sponsored retirement plans, such as 401(k)s and pension plans. It is a court order that recognizes the right of a spouse, former spouse, child or other dependents to receive a predetermined portion of the account holder's retirement plan.
The QDRO must contain specific information, including the amount or percentage of the plan's benefits to be paid to the alternate payee, which is the spouse who is receiving the portion of the retirement benefits, and how this amount will be determined. The court and the retirement plan's administrator must approve the order.
One critical element of QDROs is that they can allow the receiving spouse to access funds without the early withdrawal penalties that typically apply to individuals younger than 59½. However, regular income tax may still apply to distributions.
Both of these methods require careful adherence to legal and tax regulations to ensure that the division is carried out correctly and to avoid unnecessary taxes and penalties. It's a good idea for individuals going through a divorce to seek legal guidance accordingly.]]>