How long will my divorce take? Why is Kim Kardashian’s Divorce taking so long?

How long will my divorce take? Why is Kim Kardashian’s Divorce taking so long?

Kim Kardashian and Kris Humphreys were only married for 72 days yet their divorce has taken over a year and 3 months and it’s still not over.  Many clients often ask:

1.      How long will my divorce take?

2.      What is that 6 month rule?

3.      What happens if he/she won’t sign?

How Long will my divorce take?

The length of your divorce depends on many factors. If you and your spouse are amicable and resolve your divorce by way of settlement agreement, your divorce can be completed in a matter of months.  On the other hand, if you are battling custody, the date of your separation, support,  property or other issues and need trial dates your divorce could last for years.  There is no set time frame. It depends on whether you and your spouse can come to an agreement on your own or you will need court intervention.

What is that 6 month rule?

In California the legislation provides that you cannot be officially divorced by the court until 6 months has expired since you served the opposing party with the Petition for Dissolution for marriage.  This is typically known as the “wait period.” The court wants to allow couples time to be sure that they actually want the divorce, so they must wait for 6 months until they can terminate their marital status.

What happens if he/she won’t sign?

“I cannot get divorced because she refuses to sign the paperwork.” This is famous line from television movies/shows which many people think is true.   In California you can most certainly get divorced without the other party signing any paperwork.  If one party wants the divorce, in taking the proper procedures through experienced legal counsel a person could get divorced by a judge determining that an irreparable breakdown in your marriage has occurred.

Why is Kim’s divorce taking so long?

It is very apparent that the parties in the Kardashian v. Humphreys divorce cannot come to agreement with the assistance of their attorneys.  Humphrey’s wants the marriage annulled which is not an easy task to accomplish. His attorney will have to prove that Kim committed fraud in marrying Humphreys.  If the parties were able to reach an agreement they could have been divorced in a matter of months.

It is often more cost effective and less stressful to settle your divorce with the assistance of an attorney.  There are times where that is not possible because the other side is irrational or is holding a grudge.  In those situations it is important to get legal representation to fight for your best interest.

USHER RAYMOND, WHY DID A FATEHR GET PRIMARY CUSTODY OF HIS CHILDREN?

USHER RAYMOND (FAMOUS SINGER) WHY DID A FATEHR GET PRIMARY CUSTODY OF HIS CHILDREN?

Many people in our society still believe that the court will award the children to their mother.  This may have been the case several years ago but times have changed in our legal system.  Usher Raymond the famous singer is a great example of this myth being proven untrue.  Usher was awarded primary custody of his two children by an Atlanta judge.  The mother was given visitation rights.

Most states, including California, require that the courts must weigh the best interest of the minor children in determining custody. 

Courts several years ago believed that the mother was more available to care for the children (as woman often were not working).  With time, mothers are working as often as fathers and as such, that reasoning no longer applies.  

The court will look into several factors to including the following when determining custody and visitation:

1.       What is in the best interest of the children

2.       Which parent would provide stability for the children

3.       If either parent is unfit due to drugs or alcohol

4.       If there is domestic violence which would make a parent unfit due to violent behavior

5.       Which parent would provide continuing and frequent contact with the other parent

6.       Which parent is involved in the child’s schooling

7.       Which parent has provided the most care for the child in the past such as getting the children ready for school, feeding the children, bathing the children, assuring their homework is completed and so on.

The court will award custody to the PARENT that would best serve the interest of the minor children. Mothers and fathers are both equally capable of having primary custody of the minor children. If you need more information or have questions regarding custody and visitation, contact an experienced attorney.

Why did Vanessa wait 10 years to divorce Kobe Bryant?

Why did Vanessa wait 10 years to divorce Kobe Bryant?

Vanessa Bryant has filed for divorce from Kobe Bryant recently.  As we may all recall there was a large scandal involving Kobe and a mysterious woman.   Despite this encounter with another woman Vanessa stuck by his side.  She has stayed married to Kobe for over 10 years now.   So we must ask, why did Vanessa wait so long to divorce Kobe?

The couple was married on April 18, 2001 and she filed for divorce on December 16, 2011. This would mean they were married for just a little over 10 years.

In California, a marriage of under 10 years is considered a marriage of a SHORT duration.    The court has discretion when it comes to marriages of a SHORT duration to award spousal support for a timeframe which equates to half the length of the marriage.  For example if you were married for 8 years, spousal support could typically be awarded for 4 years.

Since Vanessa waited over 10 years, her marriage would be considered a marriage of a long duration (Family Code Section 4336(b)).  In this situation, where the parties are married for over 10 years the court takes into consideration the factors provided in Family Code Section 4320 which include but are not limited to the following:

1.      Standard of living of the parties including where they live, cars they drive, places they shop, income earned during the marriage etc…

2.      Whether the supported party has an education, has skills or can become self supporting

3.      The husband’s income and wife’s income

4.      Whether the supported party contributed to the supporting party’s career or education

5.      The age and health of both the husband and the wife

6.      The assets and debts of the husband and wife  

Spousal support for a long term marriage can be awarded for an indefinite amount of time.  So once Vanessa does receive spousal support, the court will more than likely not set a time for the spousal support to terminate. 

Keep in mind it is the goal of the state of California for a party to become self supporting.  So, once Kobe believes Vanessa has had ample time to become “self supporting” he can file a motion with the court to modify spousal support and request a termination.   His motion may or may not be successful depending on the circumstances.  As it stands now, Kobe will be paying spousal support for quite some time.  If you have any questions concerning your divorce and your rights please contact our experienced attorney for a free consultation.

Attorney's Fees in Family Law

New legislation has been enacted through the recommendation of Elkins Family Law Task Force that will allow a Judge to make an attorney fee order in the early stages of the case. 

 “Early needs-based fee awards: Courts should give careful attention to making early needs-based attorney fee awards rather than deferring the issue to trial. This would minimize the imbalance in ability to hire counsel between litigants in a family law case. When a request for needs-based attorney fees is made, the court should make findings regarding whether the award of fees is necessary, whether there is a disparity in access to funds or income, and whether one party is able to pay. If the findings demonstrate need, disparity in access, and ability to pay, the court should make an order awarding attorney fees.” Elkins Final Report Pg. 60, http://www.courtinfo.ca.gov/jc/tflists/documents/elkins-finalreport.pdf

Prior to these recommendations the court would often defer the issue of attorney’s fees and costs until the time of trial.  Now, the court can make an attorney fee order at the onset of the case when a party demonstrates that there is a need, there is a disparity in income, and the other party has the ability to pay. 

How will this affect you?  If you are the party that does not have the ability to pay your attorney’s fees you will be able to retain and maintain legal counsel throughout the proceedings. If you are the party with the ability to pay the other party’s fees you will be ordered to do so sooner and most likely at the first hearing. 

You may want to contact an experienced attorney to discuss your rights.

Family Law: Live Testimony at Order to Cause and Notice of Motion Hearings

New legislation has been enacted through the recommendation of Elkins Family Law Task Force. This legislation will not only affect our courts, it will also impact your family law case through “live testimony” at Order to Show Cause and Notice of Motion hearings.  

Live Testimony At Hearings: “At the hearing on any order to show cause or notice of motion (or request for order) brought pursuant to the Family Code, absent a stipulation of the parties or a finding of good cause, the judge must receive any live competent testimony that is relevant and within the scope of the hearing and may ask questions of the witnesses.” Elkins Final Report Pg. 29,  http://www.courtinfo.ca.gov/jc/tflists/documents/elkins-finalreport.pdf.

Prior to these Elkins recommendations, it was very rare to see a court taking live testimony at an Order to Show or a Notice of Motion hearing.  In lieu of live testimony the court was allowing the submission of a declaration.

How will this affect you?  The bad: Now your hearing for initial requests of custody & visitation, child & spousal support and/or attorney’s fees will be prolonged in duration. The courts are already over-crowded and quite often have as many as thirty (30) cases scheduled each morning.  

The good: the court will be required to hear live testimony unless it finds good cause not to. This will allow you to tell your side of the story from the onset of the case and you will no longer have to wait until trial to do so.

CONTACT AN EXPERIENCED ATTORNEY TODAY