The spouse receiving support should try to maximize the amount of domestic support vs. a property settlement in a divorce decree.

Persons going through, or contemplating, divorce should do some planning with their family law attorney if they believe they will be receiving child support or spousal support as a result of the divorce. Recent changes to the bankruptcy laws make domestic support a much more attractive option than a property settlement.

If the divorce decree has a significant property settlement within it, the property may be at risk if the former spouse files for Chapter 7 bankruptcy protection. While you may each own half of the property, if your spouse files for a bankruptcy liquidation, the bankruptcy trustee can liquidate their ownership interest in the property, which may force you to raise cash in a hurry or sell the property to satisfy the creditor who will now be pursuing the entire debt from you. To decide what is best for you, please consult an attorney.

By contrast, domestic support is not dischargeable in bankruptcy. So if your spouse files for bankruptcy, it does not remove the child support or alimony payments. The 2005 bankruptcy reform law moved domestic support to the front of the creditor line to ensure that bankruptcy laws were not used to shirk responsibility for domestic support obligations.

Your family law attorney can guide you through the property settlement process to ensure that you receive the best possible settlement for you and any children that you may have. If necessary, your attorney can consult with a bankruptcy attorney to ensure that your settlement will stand up to a bankruptcy filing by your spouse.

If you have a question regarding Family Law in Los Angeles County please contact us at (818) 926-4420 or visit the Family Law section on our website at Law Offices of Anat Resnik. Call today and we will connect you with Anat Resnik, an experienced, aggressive, affordable Divorce and Family Law Attorney in Los Angeles County. After you have spoken with our Los Angeles County Family Law attorney, we can schedule you a free face to face appointment to discuss your circumstances. If you have questions or are considering any aspect of filing for Divorce, a Paternity issues, Child Custody and Visitation, Spousal Support & Alimony, etc. we can help! Call us now at(818) 926-4420. We look forward to hearing from you and assisting you with any and all family law needs.

A recent survey by the American Academy of Matrimonial Lawyers found that nearly half of its members have seen an increase in postnuptial agreements. A postnuptial agreement is agreed to after the marriage and delineates how assets will be divided in the event of divorce. A couple that agrees to a postnuptial agreement generally has the desire to stay married. Child custody, spousal support, and child support are some of the issues that can be covered in a postnuptial agreement.

Unlike prenuptial agreements, there is no Act that exists which applies to postnuptial agreements. This means that a postnuptial agreement may be held to a higher standard of scrutiny by the courts.

Writing A Postnuptial Agreement

When writing a postnuptial agreement, it is important to make sure that you and your spouse discuss a number of matters, including the following:

– Any joint assets and debts
– Future income
– Current existing concerns about your financial lifestyle

Here are some things to include in a postnuptial agreement:

– All liabilities, assets, future gifts, and inheritances
– Division of property and income
– Division of primary home and any secondary homes
– Who would inherit any gifts, trusts, and inheritances
– Who gets which property
– Child support, spousal support, and child custody terms
– Details regarding benefits, disability, and long-term care and insurance coverage

It is important for each spouse to have his or her own attorney when drafting a prenuptial agreement.

If you have a question regarding Family Law in Southern California please contact us at (818) 926-4420 or visit the Family Law section on our website at Law Offices of Anat Resnik. Call today and we will connect you with Anat Resnik, an experienced, aggressive, affordable Divorce and Family Law Attorney in Southern California. After you have spoken with our Southern California Family Law attorney, we can schedule you a free face to face appointment to discuss your circumstances. If you have questions or are considering any aspect of filing for Divorce, a Paternity issues, Child Custody and Visitation, Spousal Support & Alimony, etc. we can help! Call us now at(818) 926-4420. We look forward to hearing from you and assisting you with any and all family law needs.

Divorce mediation, an alternative to traditional divorce proceedings, is a means to resolve the complex issues of a divorce. Mediation involves the services of a trained and neutral person who works with the parties to facilitate the settlement of disputed issues. Such person is known as the “mediator.”

In traditional divorce proceedings, the judge ultimately determines child support, child custody, spousal support and property issues. Mediation, on the other hand, allows couples to control the outcome of their divorce. Additionally, the mediation process is non-adversarial in nature, which is especially important for couples with children, as like-minded parents can establish parenting plans with minimum disruption to the lives of their children.

Preparation for Mediation
Divorce mediation is most effective when both spouses have accepted that a divorce is imminent. However, even when only one spouse has decided that they want a divorce, mediation may still be a viable option.

Special Issues That May Frustrate the Mediation Process
It is recommended that the couple be in good mental and emotional health before entering into mediation. If the mediator feels that one spouse’s emotional health is at stake, she may refer that spouse to counseling before beginning the mediation process.

Mediation may not be the best alternative in all situations. For example, mediation may not be suitable in situations where domestic violence or drug and alcohol abuse are involved. Inherent in domestic violence situations are volatile feelings, and often, emotional abuse. This often creates a communication gap between the parties that even mediation cannot overcome. Where alcohol and drug abuse are involved, mental impairment and erratic behavior can follow, often frustrating the goal of mediation.

Other factors that may frustrate mediation include:

Spouses who lie about finances,

Easily intimidated spouses,

Contentious spouses,

and Spouses who feel that the other spouse is incapable of child care.

If you have a question regarding Family Law in Los Angeles please contact us at (818) 926-4420 or visit the Family Law section on our website at Law Offices of Anat Resnik. Call today and we will connect you with Anat Resnik, an experienced, aggressive, affordable Divorce and Family Law Attorney in Encino. After you have spoken with our Los Angeles Family Law attorney, we can schedule you a free face to face appointment to discuss your circumstances. If you have questions or are considering any aspect of filing for Divorce, a Paternity issues, Child Custody and Visitation, Spousal Support & Alimony, etc. we can help! Call us now at(818) 926-4420. We look forward to hearing from you and assisting you with any and all family law needs.

In California, a legal separation is not the same as a separation agreement.

What is a Legal Separation?

A legal separation is an alternative to divorce. Some couples who choose this alternative do so as way to bring some closure to a relationship without having to completely end the marriage. They may choose a legal separation for religious reasons or for some practical purpose, such as the desire to maintain one spouse on the other’s health care plan. If you’re considering legal separation for health insurance purposes, make sure that a legal separation does constitute a disqualifying event under your plan.

With a legal separation, you will still have to deal with all the formalities of a divorce, including the following steps:

file a petition (legal paperwork) for legal separation,

make decisions about custody,

child support,

alimony and property division,which may be reached by an agreement between spouses or by a court,

and get a final judgment of legal separation from the court.

What is a Separation Agreement?

A Separation Agreement is different from the formal process of getting “legally separated.” In California, spouses that have decided to separate may enter into a “separation agreement,” which is a legally binding contract that deals with all aspects of their separation, including issues of child support and visitation (if there are children), property division and alimony. However, unlike obtaining an official “legal separation,” you don’t have to go to court to enter into a separation agreement with your spouse.

A separation agreement allows couples to address important issues that will come up during their separation period, including:

where the children will live,

when the children will spend time with each parent,

how the couple will pay living expenses, such as rent and/or mortgage payments, utilities, taxes, health care costs and groceries during separation,

whether either spouse will pay child support and/or alimony during separation,

how the couple will manage assets (for example, bank accounts or investments) during the separation period,

whether the couple will divide or sell any property during the separation period,

and how property and income obtained after the date of the separation will be treated (post-separation income is typically considered separate property of the spouse that earns it, but couples may want to make sure that provision is in writing so there’s no confusion later, or couples can agree to treat it differently).

Should I Hire an Attorney?

A separation agreement is the result of a negotiation between spouses, which can occur at your kitchen table, in a mediator’s office, or through attorneys for both sides.

Some simple matters may be resolved directly between spouses without any legal help (for example, where the couple has minimal property, few debts and no children), but for most people, negotiating and drafting a comprehensive agreement that will hold up in court is difficult. Because the decisions made in a separation (or divorce) may have serious consequences, it’s best to hire an attorney who can ensure that your rights are protected, and draft a valid agreement.

In addition, communicating with someone you’re separating from can be challenging at best. If your marriage is ending, you and your spouse probably weren’t communicating very effectively before the breakup, and it’s not likely to get better now. Although some spouses remain friendly and reach agreements easily, most separating couples can’t expect to get too far in a one-on-one discussion before emotions boil over and get in the way of a resolution. These couples need professionals that can create a buffer, and negotiate with the other side.

If you need help drafting a separation agreement, or you have questions about whether you should pursue a court-ordered legal separation or a divorce, you should consult with an experienced family law attorney who can help you decide how to proceed.

If you have a question regarding Family Law in the San Fernando Valley please contact us at (818) 926-4420 or visit the Family Law section on our website at Law Offices of Anat Resnik. Call today and we will connect you with Anat Resnik, an experienced, aggressive, affordable Divorce and Family Law Attorney in the San Fernando Valley. After you have spoken with our San Fernando Valley Family Law attorney, we can schedule you a free face to face appointment to discuss your circumstances. If you have questions or are considering any aspect of filing for Divorce, a Paternity issues, Child Custody and Visitation, Spousal Support & Alimony, etc. we can help! Call us now at(818) 926-4420. We look forward to hearing from you and assisting you with any and all family law needs.