Palm Springs, California, Divorce, Child Custody and Adoption Lawyer
If you are considering filing for divorce, take a moment to think about how important it is to hire a Palm Springs, Coachella Valley family law attorney who is local. Your attorney will need to understand what local family law judges will think is important for your settlement and for your children. For more than 30 years, AV rated* attorney John Patrick Dolan has been providing sound legal advice and representation for residents of Indio, California, and communities throughout the Riverside County region. We are confident that we can help you resolve all of your divorce, child custody and visitation issues fairly, efficiently, and without destroying your relationship with the other parent of your children. We guarantee our efforts to work toward the best possible settlement and outcome for your divorce settlement, child custody, and visitation agreement.
Divorce
Divorce, or dissolution of marriage, is when a court declares that the marriage no longer exists. It provides for division of property and details for child custody and support, when applicable.
More than 95% of all divorces are not contested. Most partners try and settle the division of property, spousal support, and child custody either by themselves or with the help of a qualified attorney. Sometimes when problems arise, mediation is used and once agreement is reached, it is presented to a judge. If the agreement is fair to both parties, it will be approved. If an agreement cannot be reached, the court will have to decide on what is fair.
The party initiating the divorce must show grounds for divorce in the papers filed with the court. All states offer no-fault divorces and some also offer fault-based divorces, as follows:
A no-fault divorce is when neither the wife nor the husband blames the other for ending the marriage. Examples are "irreconcilable differences," or "incompatibility." Another example is when the two parties have been separated for a long period of time, this includes separate residences.
Some people are concerned that no-fault divorces can result in lower awards of property and support
Should this Divorce take Place?
Seeing a marriage counselor when the marriage starts to fall apart is usually a good idea. Marriage counselors can help in many cases, but cannot save all marriages. The decision to divorce usually is not an easy one. In the end, it is based on strong emotional, feelings, logic, and intuition.
If you are considering divorce, you might want to make a list of pros and cons in the marriage. The list should include what you like or don't like about your spouse, how it will hurt the children, financial obligations, and every-day issues. Include in this list all your future goals regarding a mate, your children, and your life. Go through this list many times and see if a divorce will enhance your life or interfere in it.
A good idea is to keep a diary on day-to-day occurrences and look at it after a couple of months to see the overall picture. Are there more bad days than good ones? Does the same thing happen over and over again? These are questions you must be able to answer to determine if divorce is necessary. These diaries can sometimes be used in court. They can also be protected under your right for privacy.
The decision of whether or not to divorce comes down to the question: "Am I better off with my spouse or without my spouse?" When answering, you must think about how your total life will be affected after the divorce, not only about your feelings towards your spouse.
Is this situation causing depression (not sleeping, no energy, always sad, can't focus on daily tasks), it is probably a sign leaning towards divorce. Also, if you are frequently ill and having anxiety attacks, this also means you should consider divorce. Professional help should be considered at this time.
No communication is most often the number one problem for many couples.
•· Try talking about your feelings with your spouse. Focus on each other's feelings. Discuss what makes each of you happy and what makes each of you angry. Each person should talk for a few minutes without being interrupted.
•· Sometimes, depending on how you were brought up, it is difficult to express your innermost feelings with another person. If you want your spouse to know what's bothering you, you must communicate with each other.
•· Talk nicely - no name calling, no accusing. This will not solve the problem.
•· If the conversation starts heating up, leave the room, take a deep breath, take a few minutes to cool down or wait until the next day to talk again. Avoid verbal anger!
It will most probably take a long time to see what's gone wrong. Sometimes it stems from relationships with parents at an early age. People are sometimes drawn to other people who have characteristics in common with their parents, usually the bad ones. The best reasons to get a divorce are: an abusive spouse, one who is addicted to alcohol or drugs, obsessive gambling, or mentally disturbed. Oftentimes professional help can help this marriage, but the spouse must promise to continue to get professional help until the problem goes away. Changing for a few days is not enough to save this marriage.
What Happens Next
Divorce is most likely an extremely complicated legal process that will take place in Family Law court. The family law court that Palm Springs clients will usually be in will be the Larsen Justice Center. Each divorce is different depending issues between you and your spouse. The following gives you an idea of how to initiate a divorce and what steps to take.
•· One party will hire a divorce lawyer who files for dissolution of the marriage. This states the reason the spouse wants a divorce, the financial settlement wanted and custody issues, if there are children involved.
•· Your Palm Spring lawyer will then file the petition with the Larsen Justice Center court.
•· Then you serve your spouse. This includes a summons requesting the spouse's response.
•· He or she has about three weeks to respond and they will normally hire an attorney as well.
•· The couple with their family law attorneys, review information regarding property and income. With this information, the court can decide how to divide the property and how much child support and alimony / spousal support should be paid.
•· Sometimes property, child issues and alimony / spousal support can be resolved through mediation without spending time in the court room.
Property Division
•· Marital or community property is the property acquired during the marriage. Examples are wages earned, a home, its contents, and all automobiles. All of this property will be divided between the spouses.
•· Non-marital or Separate property is anything that was brought into the marriage. These are usually kept by the person who initially owned it. This includes an inheritance that was received during the marriage, but kept separately. Even if property was purchased and put into the name of only one spouse, but purchased during the marriage, it is still known as marital property.
•· The right of a spouse to keep non-marital property depends on just how separate it was kept. For example, if the wife came into the marriage with a money market account, she should keep the account in her own name and not deposit any money earned during the marriage into this account.
•· If the husband inherits some stock from his father during the marriage, he should open his own account and not use for his investments with his wife. If he decides to sell the stock and use the money to purchase a home with his wife, this will become marital property.
•· If either party uses non-marital funds for a common purpose, such as purchasing a home in joint tenancy, that money normally will become marital property.
•· If the husband and wife each owned their own car, the judge would allow each to keep the car they primarily drove.
•· A pension also is marital property even though it was earned by only one spouse. The pension earned during the marriage may also be known as marital property; however, the part earned when the parties were not married would be considered non-marital property.
When dividing marital property, you must remember that there is more to marital property than just cars and the house. The following is a list of property to help negotiate a property settlement:
Real Property
•· House
•· Rental property
•· Vacation home
•· Business property
•· Land
Personal Property
•· Automobiles, Motorcycles, Boat
•· Recreational vehicles - boat, camper, ATV
•· Furniture
•· China
•· Silver
•· Crystal
•· Rugs
•· Art
•· Collections (i.e. coins, stamps, etc.)
•· Guns
•· Office equipment (i.e. computer)
•· Jewelry
•· Clothing
Financial Assets
•· Savings account, checking account
•· Cash on hand
•· Christmas Club account
•· Retirement accounts, 401K, Profit sharing, IRA
•· CDs, stocks and bonds, mutual funds, annuities
•· Insurance policy
•· Pensions
•· College education account for children
Business Assets
•· Sole ownership
•· Partnership
•· Other business issues
Division of Debts
Most couples will be required to divide the debts incurred at the end of the marriage. Once the property is divided, the responsibility of the paying off debts will be allocated to each spouse. Both parties are required to pay the debts if jointly incurred. If one person is given a credit card to pay off and doesn't, and the other pays it off, the person who paid it off can sue the other person or deduct it from future payments such as alimony / spousal support, if that is involved.
It is wise to close joint credit card accounts as soon as divorce proceedings begin. If there is a balance on the account, you should notify the credit card company that you do not want to be responsible for any additional charges put on this account.
Insurance Policies
Examples of insurance policies are: homeowners, automobile, health, and property. The payments for these policies should be part of the divorce settlement.
Coverage after the Divorce
These policies may continue after divorce, per Federal laws. The coverage can continue for up to three years before independent coverage is required. It should be discussed if the former spouse will be able to handle premiums once the three-year period comes to an end.
Pre-existing health conditions or disabilities may make it impossible for a former spouse to obtain independent coverage so provisions should be made.
Some couples carry long-term care policies; this coverage should be discussed in the divorce settlement.
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Contact our offices to schedule a no-cost consultation about your family divorce or child custody matter. We are committed to helping our clients get through the tough emotional times of divorce without adding to your stress or financial problems. When we meet for your free consultation about your divorce we will discuss our payment plan options that we offer for your convenience. We will also take the time to discuss what you think is important about your future. There are many alternatives to a contentious divorce, but, rest assured, we are ready to use our extensive trial experience to fight for your best interests in court, if the circumstances demand it.
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Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the Judiciary. Martindale-Hubbell ratings fall into two categories—legal ability and general ethical standards.