Let’s face it. The divorce process is not fun. You might have initiated the divorce but you feel like you had no choice. You might have been served with a Petition and you are feeling hopeless. My charge is to ensure that you get through this process as painlessly as possible. You might have a lot of questions about this process. I can answer quite a few for you. Here is one that many clients ask me. When am I entitled to be divorced?
Another question that many people ask me is whether they should move out of the house. There are many opinions on this; however, as a family lawyer in Agoura Hills, I believe that the best answer is right here! For help through this process, speak with one of our skilled Agoura Hills divorce lawyers today.
The Love is Gone!
That is right. THE LOVE IS GONE! The person you are divorcing is no longer your spouse. The love you once had does not translate into good will during a divorce. That means a lot of things. First, it means that you should never let deadlines in your divorce case lapse. You need to always protect yourself. Don’t fall victim to the “Good Cop – Bad Cop Scam”. Watch this video and you’ll see what I mean.
As you might have heard, California is a community property state. There are tons of rules and cases on this topic. Do you want me to bore you with them on this website? Probably not. But what it does mean is that each of you owns a one-half interest in community property which is defined as property acquired during marriage except by inheritance, gift or device. Both of you are entitled to the management and control of community assets. For example, if you have a joint bank account and you need some of the money in it it, you should probably take what you need or your spouse might get to it first. If you purchased a home during marriage, it is presumed to be community property even though you might not be on title.
Let’s go back to this issue about not being on title. You or your spouse might not be on the title to your home because one of you might have had bad credit for example. That does not change the community property character of the home. But what if you are both on title as Joint Tenants? That means if one of you dies, then the surviving spouse gets the deceased spouse’s interest. Simply put: Husband and Wife own their home in Joint Tenancy and they are going through a divorce. Husband dies during the divorce. That means Wife gets all of Husband’s interest in the house. What if Husband did not want that? Could something be done? Yes, but it needs to be done before Husband dies.
Retirement benefits can also be part of the community property estate. Those benefits can be in the form of pensions, 401Ks, IRAs or life insurance policies with cash value.
If you need help dissolving your marriage, please reach out to the skilled Agoura Hills divorce lawyers at our firm. You do not have to go through this difficult and emotional process alone. Allow us to offer legal support and guidance. Please call today.
Hoffer Family Law Firm
As you know, we are now living in uncertain times. Our society has shifted in ways that were completely unexpected 3-6 months ago. As a result, our priorities and actions need to shift as well. Remember, we cannot control the wind, but we can always adjust our sails. The Courts here in Southern California are closed for the foreseeable future. The Los Angeles County courts are taking filings and are hearing emergency matters. The Ventura County Courts are hearing emergency matters but are not taking filings at all. Currently, both court systems are scheduled to re-open in mid-May; however, given the current state of affairs, it is likely that the closures will be extended.
So, how do we adjust our sails? We set you up for success for when the Courts re-open, your case will be ready to go.
1. Video Consultations: All you need is a phone, an iPad, or a computer with a webcam and a microphone and we can have a video consultation. Please click here to schedule.
2. For Divorce Cases: For existing cases in Ventura County, we can prepare your disclosures, create a discovery plan and ready your case for when the court opens again. For Los Angeles County, we can file your Petition and related documents, prepare your disclosures, create a discovery plan and ready your case for when the court opens again.
My Advice to you!
3. Be physically and emotionally healthy! There is a lot of humor circulating about how people are gaining weight and getting drunk during this period. Don’t give in to that. This is the time to take stock and improve on those things you always wanted. It means reading that book you wanted to read. It means taking that online course you always meant to take. It means gaining that skill that you didn’t have time for. It also means not letting your divorce case sit unattended. There is always work to be done. Let us handle it for you. Take this period of time to be proactive!
Thanks for taking the time to drop by.
Jeffrey L. Hoffer
Certified Family Law Specialist – located in Agoura Hills, CA.