Family Law Archives | Page 4 of 4

Domestic Partnerships

Domestic partnerships can be considered on the same lines as marriage while applying to unmarried couples living together. While domestic partnerships are not identical to marriages, they do offer few of the same benefits. Certain states refer to domestic partnerships as “civil unions”. However, the definition and what entails a domestic partnership or civil union varies from city to state.

Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding communities.

Domestic Partnership Registration

Partners interested in registering for a domestic partnership are required to declare their relationship as serious at a designated government office or the courthouse.

Certain states require residents seeking to enter a domestic partnership to appear in person at the courthouse or designated government office and pay the required fee. Moreover, they are required to provide documentation that proves they are satisfying all requirements of registration. This may include sharing permanent residence, being above the age of 18 and unmarried.

Benefits of Domestic Partnerships

Domestic partners can enjoy almost all legal benefits of marriage. However, the types and benefits of these unions vary by jurisdiction and state.

Few common domestic partnership benefits include:

Right to family leave to tend to a sick partner
Ability to attain coverage on family health insurance policy
Right to bereavement leave
Visitation rights in jails and hospitals

These benefits vary from one state to the next. These are a few examples:

California

Domestic partners in California receive the same protections and benefits as married couples. However, domestic partners may not collect federal benefits, such as Social Security checks of deceased partners, since the union is not recognized under federal law.

Maryland

Unmarried couples are allowed to enter designated beneficiary agreements that provide limited rights. This includes right to share the same room in a nursing home, right to visit the other partner in a hospital, and right to make funeral decisions.

Ann Arbor, Michigan

Employees of Ann Arbor City have the option to extend their employment benefits to their domestic partners.

Many employers, including Walmart have been sued by employees married to same-sex and various labor rights organizations to deny employees’ their rights and benefits before the Obergefell decision. Correlating from this, many employers are now discontinuing special benefits to registered domestic partners because of the marriage equality ruling.

Get Details about Domestic Partnership from an Experienced Attorney

It’s vital to know the laws of your state along with federal laws about same-sex unions and cohabitation if you are planning on entering or terminating a domestic partnership. Legal matters such as rights, benefits, and responsibilities that go along with domestic partnerships can help you take a wise and conscious decision. You can learn more by speaking with a skilled and knowledgeable family law attorney.

Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.

Have any legal questions? Contact SBEMP Law Firm:

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage, Indian Wells), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; New Jersey, NJ; and New York, NY.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.

Distribution Of Property

Divorce property valuation is a complex and intense exercise contrary to popular myth. For instance, tax appraisal value of the marital home may be significantly different from its actual market or resale value. Similarly, antiques, such as a classic vehicle, may be priceless or worthless, depending upon an individual’s point of view.

Furthermore, valuation is just the tip of the iceberg. Many state laws dictate marital property to be divided equitably, which can be different from equally. The divorce in these states is not expected to place any spouse in financial hardship.

Your divorce lawyer can pinpoint and explain important legal matters before taking sustained and prompt action to protect your best interests. Sometimes, the attorney may need to partner with a knowledgeable financial professional to make the evaluation and distribution process simpler.

Valuation of Marital Assets and Property

Waste or dissipation is often overlooked under the law as a valuation provision. Divorce value of an asset may be inflated (higher than market value) if dissipation occurred and is ignored. For instance, a spouse may not have maintained a rental property, following which the market value could have substantially dropped.

It’s vital to consider all assets as well as debt while dividing the marital estate. It is not unheard of the two sides to arrange for an offset. One party may agree to relinquish a larger share of the assets provided the other party pays more debt.

Both parties need to be wary of ownership and title issues. A divorce may transfer legal title, but it does not impact any underlying security agreement.

Distribution of Property

Courts usually consider the following factors in addition to dissipation while dividing marital estate:

Present economic and non-economic circumstances
Length of marriage
Individual spouse’s property valuation

Obligations from prior marriages
Any agreements between the spouses
Age, status, and health of individual spouse
Future tax repercussions
Child custody and spousal maintenance provisions

The court also has the authority to take into account other relevant factors (besides the fault for the marriage dissolution) while making a distribution decision.

Most judges, as a general rule, honor the agreements made between the spouses till the time they are not unconscionable in their execution or terms. A judge may ask for the property or asset to be sold and the proceeds divided equitably if the parties are not able to agree to the division.

IRA, pension plan, 401(k) and other similar retirement accounts are distributed through a Qualified Domestic Relations Order (QDRO). The non-contributing or non-employee spouse, also called the alternate payee, has the option to elect a share of future payments or receive cash in a lump sum. It’s crucial to note that early cash distribution in the form of lump sum or cash payments may attract penalties and taxes.

Have any legal questions? Contact SBEMP Law Firm:

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

Custody And Access Rights

It’s essential to consider all available options when planning a divorce or putting your life back together. However, you need to remember that your kids and their best interests are the most important factor when you explore different options for custody and visitation or access rights. There are various types of custodies and visitation rights. These are discussed in detail below.

Legal Custody

This refers to retaining the legal authority to take important decisions in your child’s life. Major decisions include things like the school your child should attend, non-emergency medical decisions, and the kind of religious upbringing they should have among others.

Options for legal custody include:

Sole legal custody: Only parents with the sole legal custody can take legal authority decisions and make major changes in the child’s life. This includes all decisions regarding healthcare, education, and religion.
Joint legal custody: In this type of custody, both parents have equal legal authority to take major decisions on the child’s behalf. It’s critical to note that parents may share joint legal custody without actually having ‘joint physical custody’.

Physical Custody

Parents with physical custody get to have their children live with them majority of the time. Physical custody is also called residential custody. It is broadly of two types:

Sole physical custody: In this type of custody, the child only lives in one location with the sole physical custody parent. Non-custodial parents in most cases get awarded visitation rights, which may include weekend sleepovers.
Joint physical custody: This type of child custody is also called dual residence, shared parenting, or shared custody. Children in this situation get to live and spend time with both parents in separate residences. The division of time spent with each parent is almost equal in this situation.

Visitation or Access Rights

Parent-child visitation allows non-custodial parents to spend time with their children on regular basis. There are two types of visitation:

1. Unsupervised Visitation

Unsupervised visitation is the most common form of parent-child visitation. Parents in this situation are permitted to enjoy an outing with their child or take them to their own residence during scheduled visits. Limitations if any are specified in advance. For instance, if the child is being breast-fed, the mother may ask the non-custodial parent to visit the mother’s home until a time the baby is able to feed from a bottle.

2. Supervised Visitation

The courts may choose to order supervised visitation in certain cases. This means that the non-custodial parent can visit the child only when another responsible adult is present. The court, depending on the situation, may allow the non-custodial parent to choose the supervising adult. If not, the parent and child may need to meet at a pre-specified location with a court-ordered designee or social worker.

Have any legal questions? Contact the Attorneys at SBEMP Law Firm:

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

What are Marvin Actions?

You may have heard about Marvin Actions claim as a resident of California. However, there’s a decent chance that you missed the finer details unless the action affected you on a personal level.

Marvin Actions came about because of a 1976 California Supreme Court decision which noted that non-marital partners upon separation had the legal right to enforce all property sharing and support related agreements, even when implied.

Facts about Marvin Actions

Here are some things you should know about Marvin Actions:

Community property rights: Marvin Actions helps to define property rights in couples that are unmarried but living together for a long time because California law does not recognize common law marriage. Community property rights are extended to the couple under Marvin Actions.
Same-sex partners: Marvin Actions is not limited to heterosexual cohabitants. You have the legal right to claim under Marvin Actions if you have lived with a same-sex partner for a long time.

Understanding Marvin Actions

To start with a claim, the two individuals are required to enter an agreement regarding support and property sharing in the event the relationship is dissolved or terminated at a future date. This agreement can either be in writing or implied. However, it is necessary for both individuals to agree to the terms laid out in the agreement.

For instance, it is possible for you to enter into an oral agreement with your partner that you will stay at home and care for the property while your partner earns money to support household needs. You may be in a position to collect financial support under Marvin Actions claim in the event of a split.

Basic Requirements for a Marvin Actions Claim

The basic requirement is for both parties to enter into an implied or an express agreement during the relationship that one of the non-marital partners can collect property share or support in the event the relationship gets terminated.

Non marital parties can be eligible to receive support and property share even if the agreement is implied and there is no express agreement to support it.

Finance reliance can be demonstrated in many ways, like through an oral agreement or other arrangements. Such arrangements may include shared accounts or property rights. It is important to understand that California Law does not consider rendition of sexual services as the sole factor to enforce Marvin Actions claim.

Myth vs. Reality

Myth: You do not have rights to alimony or community property if you and your partner never married and are not separated

Reality: The best part about Marvin Actions is that it is not limited to opposite-sex non-marital cohabitants. Implied and express agreements between cohabitants that are of same sex are equally enforceable as compared to the ones between claimants of opposite sex. The only consideration is whether there was an agreement or not.

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For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

Child Support And Spousal Maintenance Lawyer

Divorce often requires dealing with several financial issues, such as paying off debts acquired during marriage or marital home ownership. However, a chief concern plaguing most divorce couples is whether one spouse will be entitled to child support and alimony or not. It’s necessary that you understand the difference between child support and alimony and why they matter if you are paying or receiving these.

Understanding Alimony

Alimony or spousal support is the amount that is required to be paid by one spouse to the other after a divorce is finalized. The judge may order these payments to continue until the supported spouse remarries or for a specified time period.

Spousal support is intended to help the financially inferior spouse maintain the same lifestyle they were accustomed to before the divorce. Alimony is not an automatic guarantee.

Spousal Payment Amount

The spouse seeking alimony needs to ask for it. Even then, alimony payments are never one-size-fits-all. Courts make use of several factors to determine the alimony payment amounts. This includes considering:

Individual spouse’s employment and income situation

Individual living expenses
Way assets are divided in the divorce
Marriage length
Individual spouse’s age

In certain situation, alimony amount can be modified after the divorce is finalized. For instance, the paying spouse can always move the court to reduce the amount if they lose their jobs. Likewise, alimony recipient spouse can ask the court for an increase in the support payment if there is a considerable increase in their cost of living.

Child Support Payment Amounts

State law and finalized custody agreements determine the court-ordered child support payments. There are few states that do not support such payments when both parents share equal custody and earn similar incomes. While others base the amount on the non-custodial parent’s income and the number of children.

Child Support vs. Alimony

The key difference between child support and alimony is the purpose the payments are intended for. Child support is paid for the benefit of child or children arising from the marriage whereas alimony is intended for the sole benefit of the spouse.

Child support is designed in such a way that it meets the basic needs of each child. This includes paying for things such as medical care, schooling, food and clothing, housing, and other necessaries.

Consult with an Attorney

Divorce lawyers can offer invaluable advice and information about the difference between child support and alimony payments. They are experienced and can base their advice on your unique situation. They can also better explain your obligations regarding the two. Attorneys can advise as to the best course of action to take regarding child support payments and spousal payments, whether you are the one receiving them or paying them.

Have any legal questions? Contact the Attorneys at SBEMP Law Firm:

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

Prenuptial, Postnuptial, And Separation Agreements Lawyer

It is only prudent to realize that a relationship, whether it is marriage or living arrangements with another can come to an end someday. By handling certain issues at the time of marriage, or even after one gets married can make it easier to part on good terms with the other partner. It also allows for an atmosphere that is conducive to reaching an agreement on the hardest to settle issues.

Types of Agreements

Here are a few types of agreements you should consider before or during a relationship:

Prenuptial agreement: You and your spouse may decide to enter into a contract before getting married that relates to financial assets and property. The contract shall list out individual properties you each have and how they will be handled in the event of a divorce.
Postnuptial agreement: You and your spouse can always enter a contract dealing with your individual and combined assets and property after you get married. The contract shall outline the way all assets and properties will get divided in the event of death or divorce.
Separation agreement: These agreements are useful in the event when you and your spouse decide to live separately without actually getting a divorce. The separation agreement dictates how various matters shall be handled, including spousal maintenance, child support, division of assets and property, and child visitation and custody.

Difference between Prenuptial and Postnuptial Agreements

Prenuptial and postnuptial agreements are similar in all ways, excepting that postnuptial agreements are entered into after one gets married. Signing postnuptial agreements may involve relinquishing certain rights that you acquire at the time of marriage.

Postnuptial agreements typically address issues relating to ownership of a business or home, protection of financial assets, children from former relationships, and career considerations.

Challenging Relationship Agreements

Typically, these agreements can be enforced by one spouse against another. However, under special circumstances, the clauses listed under the agreement may be challenged by either spouse. A court may find the agreement to be invalid based on unfair and unreasonable provisions that are unconscionable at the time of divorce or judgment.

Unconscionable agreement can be defined as an agreement that no person in the right state of mind will agree to and no fair or honest person shall accept. This offers tremendous latitude to the court to decide whether an agreement is unconscionable.

Separation Agreements Makes for Inexpensive and Simple Divorces

Cohabitation and prenuptial agreements are gaining wide popularity. However, there are still many couples that don’t have them and decide to get a divorce. However, this does not mean that a couple has to undergo an expensive and contentious divorce. They can always open the door for signing a separation agreement that covers most of the key subjects that would otherwise be addressed in cohabitation or a prenuptial agreement.

Have any legal questions? Contact the Attorneys at SBEMP Law Firm:

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

Domestic Violence And Restraining Orders

Domestic violence survivors can protect themselves from further abuse by using criminal and civil protection or restraining orders. These orders may not necessarily prevent a stalker or abuser from hurting a victim or making them uncomfortable. However, they permit victims to have the stalker or abuser arrested whenever the order is violated.

Emergency Protection Orders (EPO)

Police can provide victims an Emergency Protection Order (EPO) in some states. This is short-term protection given to a domestic violence victim by the magistrate or police when their abuser gets arrested. EPO is typically for a specified limited period, like seven days. This helps the victim request for a long-term protection order.

Protection Orders

Protection order is prevalent in all 50 states and the District of Columbia through separate statutes even if the states may have different names for this order. For instance, New York, Illinois, and Texas may call them protection orders, but Florida calls the same thing an injunction for protection against domestic violence, and California labels it as a restraining order.

Protection orders are separate from EPO because they are for a longer period, generally 1 – 5 years. In extreme circumstances, they may be valid for the entirety of a lifetime as well. You would need to file the necessary legal papers to obtain a protection order. You would also be required to follow required state law for evidence presentation at your hearing.

Sometimes, the police can serve papers to the abuser on behalf of the victim. Few states include custody and visitation rights for children of the abuser and victim as part of the protection order. These are always temporary and can be modified by future family court orders, like divorce.

Restraining Orders

Restraining order refers to an order that requires all parties to a lawsuit to either do or not do certain action. Restraining orders can be called into force because of family law disputes, such as divorce or any other civil lawsuit.

Consequences of Protection Orders Violation

Protection order violations can be dealt in three ways: as a misdemeanor, felony, or contempt of court. Felony charges are almost always reserved for serious or repeat violations. Certain violations are considered both as a new domestic violence charge and contempt of court. In California, these types of instances are related to double jeopardy. Police policy in most states is to automatically arrest the violators.

Enforcement of Protection Orders in Different States

Domestic violence survivors have the remedy to move as part of a legal plan to protect them from a former abuser. The federal law and the Full Faith & Credit Clause of the Constitution require all valid orders of protection to be enforced in the state where it is issued and all other states and territories belonging to the United States.

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For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

Best Attorney Near Inland Empire, CA

It is important to choose the right attorney if you want to achieve a desired outcome. Selecting an attorney that works best for you can be time consuming and require a lot of effort. However, the hard work is worth it when you come out successful in the end.

Here are some of the important qualities you need to consider while choosing the best attorney near Inland Empire, CA.

Specialist

You need to identify your legal problem and find a lawyer that specializes in that field. Law can have different fields and sub-fields. You need an attorney that has considerable experience to address your legal problems in the best possible way. Lawyers are a lot like doctors when it comes to specializations. Find one that best serves your purpose.

Experience

There is nothing worse than hiring an attorney that is still green behind the ears or learning on the job. You need the appropriate level of experience in the professional you hire. This is one of the most vital criteria when selecting an attorney. You can improve your chances of a favorable outcome by choosing an attorney with adequate experience.

Communication

You should be able to talk to the lawyer freely. So, you obviously want one that has good communication skills. Additionally, attorneys are routinely required to spat with their adversaries and communicate with those sitting in judgment. This makes it vital to find an attorney that can anticipate questions and always stay one step ahead.

Professionalism

Professionalism is not just about behavior and personality. It involves a specific objective that differentiates the adequately competent from the best attorneys. A professional attorney should work dedicatedly for your interest and use your resources economically and efficiently. They should return phone calls or other forms of communication promptly and always keep you in the loop. They should also be well prepared at meetings and follow up as appropriate.

Approach

Not all lawyers are alike even when specializing in the same legal field. They use different personalities, styles, and approaches to represent their clients. You need to find a professional lawyer. But, you should also match their traits with your own personality, style, and approach. It’s critical to feel relaxed when you are around your attorney and always be on the same page.

Familiarity

It doesn’t matter whether you use a national or a local legal specialist as long as they are familiar with the region. Many issues, such as workers’ compensation and real estate matters are handled locally. Technology and transportation has made it possible to hire attorneys from anywhere. But, to protect your interests you should find a lawyer that understands the legal complications in your area.

Have any legal questions? Contact SBEMP:

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; New Jersey, NJ; and New York, NY.

Family Law

Divorce and other family law issues can be complex, and the best way to ensure that your rights are fully protected is to have an experienced law firm by your side with expertise in family law. If you are planning to file for divorce or going through the divorce process already, make sure you obtain the best possible legal advice on all aspects related to your case.

Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provide professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding locations.

Expertise of SBEMP Attorneys in Family Law

SBEMP’s family law attorneys are committed to assisting you through all legal issues related to your divorce or separation, including property division, child custody, and spousal and child support.

Even if you are planning to make a prenup or post-nup agreement with your spouse, SBEMP will guide you and help you negotiate and draft the agreement in the most effective manner.

The legal team at SBEMP will put maximum resources and skills on your case to help you achieve the most satisfactory and expeditious result through negotiations, and where necessary, in court. The law firm is equally equipped to support you if you choose the mediation process to resolve your family law issues.

Areas of Expertise

Prenuptial, postnuptial, and separation agreements
Divorce proceedings, including high-net-worth, high-profile/celebrity, and high-conflict matters
Child support and spousal maintenance
Custody and access rights
Valuation and distribution of property
Marvin actions
Domestic partnerships
Domestic violence and restraining orders
Mediation
Enforcement proceedings
Mediation and collaborative divorce
All aspects of Paternity matters
Adoptions
Post Judgment enforcement issues

Where required, your SBEMP family law attorneys will work with forensic accountants, business appraisers, forensic psychologists and other experts in order to strengthen your high conflict custody or high net worth divorce case.

As the firm specializes in multiple practice areas, you will have the advantage to obtain expert advice from the firm’s attorneys specializing in corporate, trusts and estates, real estate, and other areas to achieve the best financial outcomes.

Two Crucial Aspects to Look for in a Family Law Attorney

Experience

The first thing you should focus on is whether the law firm you are hiring has the necessary experience in family law and whether its attorneys have handled similar family law issues in the past. Most family law issues are governed by state statutes, and the law firm should have deep domain knowledge of the state laws related to your divorce case.

Resources

Many attorneys have very limited resources, and operate with a skeletal staff, equipment and technology. These limitations can create challenges when your divorce or family law matter is at a crucial stage. You need to work with family law attorneys that have the backing and resources of a full-fledged law firm and have an in-house network of legal experts to support your case.

https://sbemp.com/carolyn-h-martino/Contact SBEMP Law Firm if You Have a Legal Question

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.