Bartholomew & Wasznicky LLPBartholomew & Wasznicky LLP Law Firm | Sacramento Attorneys | California Lawyers2024-03-06T22:03:27Zhttps://www.divorcepage.com/feed/atom/WordPress/wp-content/uploads/sites/1103108/2021/06/cropped-Bartholomew-Site-Icon-min-32x32.jpgOn Behalf of Bartholomew & Wasznicky LLPhttps://www.divorcepage.com/?p=543522024-02-23T05:11:40Z2024-02-29T05:11:25ZRetirement funds may be subject to division
Some people mistakenly assume that their retirement savings are separate property. They might reach that conclusion because the account is in only one spouse's name or because they started it before they married their spouse.
The name on the account does not automatically make someone's retirement fund their separate property. If they contributed to the account with marital income, those deposits and any interest they accrued are likely subject to division in the divorce. Even matching contributions from employers could be subject to division.
If a judge orders someone to split their retirement savings, they can potentially use a qualified domestic relations order (QDRO) to divide the funds in the account without worrying about taxes or penalties. However, the division of the account is not always necessary.
It is possible to divide marital property in accordance with community property statutes in California without actually splitting each account or asset in half. People can factor in the marital value of certain resources, like retirement savings accounts, when making decisions about a variety of other assets and even marital deaths. Spouses potentially have the option of cooperating with one another in an uncontested divorce filing. If they can agree on specific terms, divorcing spouses can set whatever property division terms they both agree are appropriate.
Understanding what community property rules might mean for specific assets can help people better prepare for an upcoming California divorce.]]>On Behalf of Bartholomew & Wasznicky LLPhttps://www.divorcepage.com/?p=541812024-01-25T08:07:32Z2024-01-31T01:32:42ZTo talk confidentially about key matters
The behavior of both spouses during the marriage could potentially have a major impact on the terms that they expect to set when they divorce. For the most part, California family law judges give very little weight to allegations of marital misconduct.
Even when the misconduct is significant enough to warrant its inclusion in divorce negotiations, spouses may worry about talking about their conflicts with one another in family court. Details that people share about infidelity, abuse or addiction might become part of the public record. Those details could harm either spouse's reputation and damage their personal relationships if other people learn about the misconduct.
The confidential nature of mediation might help people feel more comfortable discussing marital misconduct as part of a divorce because they can talk about how it should affect the terms of the divorce without creating a permanent, public record of their complaints.
To maintain control over the outcome
Technically, California family law judges must comply with state law when dividing parental responsibilities or splitting up the marital estate. Despite state statutes and prior court rulings providing clear guidance on such matters, judges have quite a bit of discretion regarding the final terms that they set.
The unpredictable nature of litigated divorce can make many people feel anxious about the process and eager to regain some control over the outcome. Divorce mediation allows those currently embroiled in a dispute with their spouses to set their disagreements aside to pursue a mutually agreeable compromise resolving key terms for the divorce.
Spouses may derive additional benefits from mediation by streamlining the divorce process. They can end a marriage more quickly and possibly reduce how much it costs to divorce by working with one another instead of fighting against each other. For these reasons and more, considering the possibility of divorce mediation may benefit those preparing for divorce and who are anxious about the outcome of the process.]]>On Behalf of Bartholomew & Wasznicky LLPhttps://www.divorcepage.com/?p=541512023-12-20T10:43:16Z2023-12-25T10:42:47Zvirtual visitation in your parenting endeavors? Consider the following creative ideas and use any that may benefit your unique circumstances.
Regular video calls
Set up regular video calls using platforms like Zoom, Skype or FaceTime. This allows you and your children to see each other, share updates and maintain a visual connection.
Virtual story time
Read bedtime stories to your child through video calls. This helps maintain a sense of routine and allows you to engage in an activity together despite the physical distance.
Homework help
You can assist with homework and school projects through the same virtual platforms mentioned above. This also allows you to stay involved in your child's education on regular basis.
Shared meals
Set a time to have breakfast, lunch or dinner "together" with your child through video calls. This can create a sense of shared experience and connection.
Online games
Play online games or engage in virtual activities together. Numerous apps and platforms offer multiplayer games suitable for various age groups and playtime with a child of any age can help with bonding.
Virtual celebrations
Participate in virtual celebrations for your child’s birthdays, holidays or special events even when you’re unable to be there in person.
Virtual tours
Take virtual tours of museums, parks or other interesting places together. This can be especially useful if you’re traveling and your child can’t go with you.
Joint hobbies
Share and explore common hobbies through virtual means. Whether it's drawing, cooking, or playing a musical instrument, find activities that you both enjoy and can do together online.
Establishing a consistent schedule for your virtual visitation can offer your children predictability and help them feel more secure in your relationship. Seeking legal guidance can make it easier to craft a parenting plan that includes these provisions.]]>On Behalf of Bartholomew & Wasznicky LLPhttps://www.divorcepage.com/?p=541472023-11-17T07:14:57Z2023-11-22T12:04:32Zin early January. While actual filings don’t pick up until about March, the first working day of the new year has earned the unofficial moniker of “National Divorce Day.”
Unresolved conflicts don’t disappear
What causes all of that family togetherness that’s so abundant during the holidays to suddenly fall apart? Nothing. In almost all cases, the marriage was already on life support when the holidays began – and the stress and the conflict can just escalate despite everyone’s best intentions to the contrary.
Generally speaking, there are several ways that the holiday experience tends to push couples who already are feeling conflicted about their marriages even further apart:
Unrealistic expectations: The Hallmark movies make it seem like all relationship problems can be solved through the magic of the holidays, but all those happy endings are the result of a script, not real life. People fall into the trap of thinking that they can repair a relationship that’s already fractured with just a little holiday romance.
Disagreements about celebrations: Family gatherings can be emotionally charged, and conflicts can arise due to differences in traditions, values and boundaries. When one spouse doesn’t listen to the other’s concerns or doesn’t have their back against extended family drama, the other may decide that they cannot continue the relationship.
Financial pressures: Between gift-giving, travel expenses, family feasts and all the wrappings, the holiday season can be financially draining. Financial strain is a common source of marital stress – and that can be aggravated even further when one spouse is an over-generous “spender” and the other is a conservative “saver.” That can have one spouse calling the other a Grinch, while the other is labeled a wastrel.
If you’re already experiencing significant marital issues, don’t look to the holidays to resolve them. In fact, you may be doing yourself more of a service by investing your time and energy into learning more about your divorce rights and your options under the law.]]>On Behalf of Bartholomew & Wasznicky LLPhttps://www.divorcepage.com/?p=541442023-10-27T20:27:37Z2023-10-27T20:27:37ZWhat are the benefits of collaborative divorce?
There are many benefits to collaborative divorce as an alternative to traditional divorce litigation. First and foremost, you avoid going to court, which for many people is intimidating and even traumatic. Using the collaborative practice approach, you are in control of the outcome of your case, in conjunction with your spouse and the trained team of professionals assisting you through the process, rather than relying on a judge to make major decisions about your family for you. Further, the collaborative process fosters and encourages cooperation and communication, as opposed to traditional litigation, which very frequently leads to years of acrimony, anger, and bitterness.
How much does collaborative divorce cost?
It can be challenging to predict how much any divorce will cost. Dealing with complicated legal issues can increase the cost, but a common reason that a divorce gets very expensive is because strong emotions lead to conflict and a lack of trust. When you engage in the collaborative divorce process, you can trust that no one will be a party to secrets or game-playing and that saves you money. Collaborative divorce helps people manage the emotions that arise in a divorce and communicate effectively – which reduces conflict that saves you money.
Does collaborative divorce get finished faster than going to court?
In collaborative divorce you control the pace of the process, unlike a conventional divorce when you must fit in to the court’s schedule, which often involves continuances when the court schedule is overcrowded. In collaborative divorce, if you need time, you get the time you need. If you are motivated to get things done quickly, you can move through the process much more quickly than you would in court.
Moving on from any broken relationship can be difficult, but sometimes it is even harder to do that when the divorce process itself aggravates the pain. Meaningful engagement with the collaborative divorce process can provide a less painful alternative. Contact the law office of Bartholomew & Wasznicky today for more answers to your questions about beginning the collaborative divorce process.]]>On Behalf of Bartholomew & Wasznicky LLPhttps://www.divorcepage.com/?p=541422023-10-18T10:04:59Z2023-10-23T09:58:33ZSupport duration depends on marriage length
Exactly how long someone will have to continue paying long-term spousal support will depend on how long they remained married. Shorter marriages that lasted less than 10 years have a special rule that applies. At most, a judge can order support that lasts for half of the length of the marriage.
However, once people have remained married for a decade or longer, there is no set rule for determining the duration of support. The economic circumstances of each spouse, the health of each spouse and even the standard of living during the marriage can play a role in a judge's final determination regarding the duration of spousal support.
For those facing a divorce after a long-term marriage and anxious about the unpredictable nature of litigation, negotiating a settlement with their spouse might be the best solution possible. They can reach an agreement that they both believe is fair and appropriate based on the circumstances surrounding the marriage and the divorce.
Barring an agreement between spouses, people generally rely on a judge's understanding of the situation and the choices they make about applying California state law to a family's circumstances. Ultimately, seeking legal guidance and learning more about how the courts handle major financial issues during California divorce proceedings may help people feel more confident as they prepare for upcoming negotiations.]]>On Behalf of Bartholomew & Wasznicky LLPhttps://www.divorcepage.com/?p=541402023-10-09T21:28:19Z2023-10-09T21:28:19ZPetitioning for grandparent visitation
Grandparents may petition for visitation with their grandchildren in the following situations:
A parent is deceased: When a child whose biological parent is deceased, grandparents can petition the court for reasonable visitation time. In granting visitation in these situations, the court must find that visitation is in the best interest of the minor child.
There is an open family law proceeding: Grandparents may petition for visitation if a dissolution, nullity, parentage, or other family law proceeding is pending before the court wherein child custody is already at issue. Again, the court must find that visitation is in the best interest of the minor child.
The parents are not married, or are living separately and apart: When the parents are not married to one another or the parents are married but living separate and apart on a permanent or indefinite basis, a court may order grandparent visitation but only if the court: (1) finds that there is a preexisting bond between the grandparent(s) and the child such that visitation is in the child’s best interest and (2) balances the child’s interest in having grandparent visitation against the parents’ right to exercise paternal authority.
When petitioning for visitation rights, it is critical for grandparents to understand that they bear the burden of proof, i.e., the grandparent must prove that the requested visitation is in the child’s best interest and that the child will suffer a harm without such visitation, despite any parental objections. Grandparents must also show that their presence in the child’s life is beneficial.
Factors considered in determining grandparent visitation
There are many factors the court considers when making a determination regarding grandparent visitation rights including: history of substance abuse; history of domestic violence; history of child abuse or neglect; the child’s overall health and wellbeing; type and frequency of grandparent-grandchild communications; the child’s preference, if any, permitted they are old enough to express it; and, the existing relationship between the grandparent and the child’s parents. The court balances these factors in determining whether grandparent visitation is in the best interest of the minor child.
An attorney can provide invaluable support to grandparents seeking to assert their rights over their grandchildren. Similarly, an attorney can advocate for the grandchildren’s best interests, ensuring that any legal proceedings consider their needs and well-being. Contact the law office of Bartholomew & Wasznicky LLP to see how a family law attorney can assist you with your grandparent visitation case.]]>On Behalf of Bartholomew & Wasznicky LLPhttps://www.divorcepage.com/?p=541382023-10-09T21:26:24Z2023-10-09T21:26:24ZOn Behalf of Bartholomew & Wasznicky LLPhttps://www.divorcepage.com/?p=541362023-09-26T08:53:28Z2023-09-29T08:49:57ZShield them from conflict
Regardless of how old or mature the children in the family may be, they do not need to hear damaging details about either parent. They will also likely suffer if they witness protracted conflict between their parents, which makes the cultivation of civil communication and a healthy co-parenting dynamic important. Additionally, parents should not put children in the middle of conflicts that do arise. It is not appropriate to have a child act as a messenger between parents or demand that they choose how to resolve a disagreement.
Keep things consistent
Changing daily routines and expectations can contribute quite a bit to the stress a young adult experiences when their parents divorce. Moving to a new school district, trying to keep two sets of rules straight and otherwise adjusting to major upheaval during a parental divorce can make adjusting much harder for the children. Trying to keep the children in a familiar environment and maintaining the same rules and expectations at both households will help the children know what the adults expect from them and will make the transition to the new arrangements easier.
Provide them with support resources
No matter how careful parents are about keeping life predictable and conflict minimal, the children will inevitably have intense emotional responses to the divorce that they need a chance to review and process. Therapy, support groups and even creative extracurricular activities can give children a necessary outlet for expressing themselves and processing the intense emotions that often accompany a parental divorce.
Parents who make the needs of their children a top priority can often reduce how damaging and stressful parental divorce may be for the children in the family. Cooperating with one another for the sake of the children can be a challenge at first but is crucial for the adjustment of the entire family to the new arrangements.]]>On Behalf of Bartholomew & Wasznicky LLPhttps://www.divorcepage.com/?p=541242023-09-05T13:23:10Z2023-09-05T13:23:10ZCNN Health, more baby boomers are living alone. While there are many reasons contributing to this shift, a main factor is something called Gray Divorce. High-profile Gray Divorce cases include those of Bill and Melinda Gates, Al and Tipper Gore, and Arnold Schwarzenegger and Maria Shriver. But what is Gray Divorce and what is behind the phenomenon?
Gray Divorce is a term coined by researchers Susan L. Brown and I-Fen Lin in a 2021 study, referring to divorces occurring in the over 50 population. The study found the divorce rate among persons over 50 doubled from 1990 to 2010, and nearly tripled for persons over 65, despite divorce rates trending down in the overall United States population. And the Gray Divorce revolution is still on the rise. According to Brown, “[w]ell over a third of people who are getting divorced are now over the age of 50.”
Views vary about the factors contributing to the rising rates of Gray Divorce, and there are several explanations cited by family law attorneys, mental health professionals, and financial analysts. Some of these reasons include considerations such as baby boomers are more likely to remarry after divorce; older couples experience “empty nest syndrome” as adult children move out to attend college or join the workforce; many couples struggle to adjust to retired life; women are gaining more economic opportunities and financial freedom; and, many older couples were socially conditioned to uphold more traditional values but in society today views about marriage and divorce are shifting. It is anticipated that the Gray Divorce trend will continue to increase as Baby Boomers age, raising important questions about what comes next for those divorcing later in life.
While divorcing at any age requires navigating the complex nature of the family law system, Gray Divorce presents a unique set of issues for the over 50 population. These unique challenges include: issues relating to spousal support, which may be more complex especially for those leaving long marriages or are in your retirement years; dividing pension plans and retirement accounts, which may require a more complex analysis for a long marriage, especially when a person has held multiple jobs over the years; finding affordable healthcare insurance (if you do not qualify for Medicare); social security, which requires application of federal law and a look at age and length of marriage to determine benefits; and, property division, which may require determining which assets are community property, for such assets acquired during the marriage, or separate property such as pre-marital assets, or inheritances.
See Bartholomew & Wasznicky’s blog article published April 2023 for additional information regarding the unique financial challenges and considerations facing those going through a Gray Divorce.
Whether you are considering a Gray Divorce or are among the growing numbers of the over 50 population having been served with divorce papers, an experienced family law attorney, mediator, or collaborative divorce specialist can provide beneficial insight.l]]>