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When to Pick a New Lawyer | OC Divorce Lawyer

The very last thing you want to deal with throughout a divorce process is an incompetent Family Law attorney. Believe it or not, we see clients daily who’ve tried countless other attorneys in Riverside, Corona, or Orange County. In fact, we’ve known people who have gone through ten attorneys before settling on one that truly had their best interest in mind and delivered what needed to be done.

So how do you know it’s time to find a new divorce attorney? Here are the red flags:

  • Delegation: It’s a good term when it comes to business, but you want an attorney who is doing the work him/herself. Attorneys who consistently pass off work to other attorneys, or who try to get your spouse’s attorney to do the work, aren’t nearly as invested as they should be.
  • Forgetful: You’re allowed to forget small details, because divorce is not your job. But you ARE paying your attorney to not forget little details, because they can be extremely important in a case. If your attorney blames you for not reminding him, isn’t sure if you sent in court documents, isn’t sure how long billable hours truly last.
  • Thorough: Your divorce attorney should be organized, filling you in every step of the way. If you ever feel out of the loop, move on.

Respect: He/she needs to respect your individual needs and your situation. If you feel like your attorney is simply going through the motions as he always does, your paying way too much for that time of laziness.

Socializing & Mingling After Divorce: Problems & Solutions

Many men and women who have recently gone through a divorce are reluctant to enter into the social arena again. They often have negative feelings about themselves. First, they are older now than when they last were single and out socializing, so their looks have changed. This can cause consternation. There are often suffering from feelings of low self-esteem due to the failure of their marriage. If there are children involved in the family separation that can exacerbate the situation.

It’s important; however, if you should find yourself in this situation that you not become isolated, especially if you are a single parent. It’s easy to feel guilty leaving your children at home with a babysitter while you go out. After all, they are also dealing with the stress of the divorce. It’s true you do need to give extra TLC to your children, but you can’t forget that if you become lonely and depressed, you will not be as focused on them as they need you to be. Take some time for yourself and get out of the house. It’s okay to have some fun. You will probably be a better parent for it.

If you are not going out because you feel dreadful or unattractive, you can change that. Start by eating healthy and exercising. Plan fun activities. Make sure you get outside every day for an hour.

Money might be tight after a divorce, so you might not want to, or simply cannot, spend it on a babysitter. There are solutions. Perhaps you have a friend or family member who would enjoy helping you out by watching the kids. Another idea is to find, or start, a co-op babysitting group. Friends take turns watching each other’s children. Kids often look forward to spending time with other children, and you can enjoy the time away knowing they are safe and happy.

Finally, remember you are still a special person!

Get together with friends and family. If you have children spend quality time with them. When the time is right, get out there and start dating again. Life goes on!

The Dating Advice You Should Ignore

The process of divorce is challenging enough, and then you find yourself living an entirely new life with new rules. The post-divorce adjustment can be quite challenging, and we’ve seen plenty of our Riverside clients struggle to make the transition easily. Here are a few pieces of advice!

Jackie at Divorced Girl Smiling names three things you should NOT struggle with:

  1. Guilt: Many post-divorce parents feel guilty leaving their kids for a short time to go on a date. Let it go! Divorce doesn’t mean you should no longer enjoy life. Find a decent babysitter and your kids will be completely fine without you for a few hours. Don’t punish yourself by not letting yourself have some fun too.
  2. Money: Post-divorce or separation finances can be tough, especially if you’re a single parent or co-parenting. Instead of letting money stop you, bring the child to a friend’s house to be watched. Your friends want you to date and they’ll be more than happy to help! Or meet your dates on your lunch hour at work when your kids are already being watched.
  3. Fear: Many people will tell you that if you’re scared you must not be ready. Not true! Everyone is going to be scared of dating, that’s also what makes is exciting. It could go well, horrible, fantastic… you never know. But don’t let the fear hold you back. If you made it through a divorce, you can make it through a date!

Dating Mistakes to Avoid Post-Divorce

These tips can help post-divorce dating avoid some major speed bumps:

  1. Take it slow. You might think you’re over your ex, but that may not be true. You might think being single is awesome and you’re not lonely or looking for companionship at all, and that might be false. You might think jumping into a relationship with the first great guy/girl you meet is a great idea. It’s not. Taking it slow is always the safer, smarter way to go.
  2. Move past the past. Not everyone is going to be like your ex. Don’t stereotype all people of one gender, because that’s not fair. You won’t run into all the same problems, so have a positive attitude. But know what you’re looking for and what you’re not.
  3. No pity party. Allow yourself the time to heal and then be HAPPY being single. If you can’t learn to be happy on your own, odds are you aren’t ready to date.
  4. Do not settle. This one seems obvious, but you’d be surprised how many people are ready to put a ring on the first person they meet in Riverside after the divorce papers are signed. You do NOT want another divorce, so wait until you couldn’t be surer you’ve found the right one.
  5. No games. Even if you only had a 72-day marriage (hey Kim K), you’re too old for games no matter your age. Be authentic, honest, and communicate with the people you’re dating. This will make the dating world exponentially easier and less complicated. No one needs complicated after a divorce.

Finally, the best way to meet someone is through other people. Let your friends, family, coworkers, etc know that you’re looking to date. They know you BEST and they’ll only set you up with people they think would make a great match for you.

To Keep my Divorce Attorney, or to Find a New One

Finding the right lawyer for you during a divorce is so important. You need someone you can depend on, and someone who understands your goals. This can be a difficult search, and if you find that this lawyer is not what you expected, finding a new one can be even more difficult.

If possible you should stay with one attorney throughout the entire divorce proceedings. Changing lawyers can be costly in time, stress, and money. Nevertheless, if you discover that this person is not dependable, nor trustworthy, get a new lawyer.

Here are some tell-tale signs that perhaps this attorney is not the best one for you are:

  1. Gives you cookie cutter answers – such as, “This is the way it’s done”, or “Oh, they always do that.” These answers exemplify a lawyer who is not interested in your case; he/she is just out for the money.
  2. Takes no responsibility – Constantly blames others when things go wrong. You might hear, “That was not my doing, somebody else made a mistake. You want a problem solver, not an arrogant pass –the-bucker.
  3. Neglectful – Hard to get on the phone, or email not returned in a timely manner. You will be left in the cold, not knowing what is going on.
  4. Deceitful – If he/she gives you pie in the sky adages, such as, everything will be great. Especially if you know that is not true. They are just trying to appease you, not please you.

You are going through enough; you need a lawyer on your side. If you notice these signs from your attorney, find another one.

7 Deadly Sins of Co-Parenting

Parenting is hard, but co-parenting is even harder. You start co-parenting right after a messy divorce and you’d rather be a million miles away from your ex, but instead you’re coordinating drop off schedules. Although it can be challenging, blogger Valerie DeLoach offers the following seven deadly signs of co-parenting to avoid in order to successfully raise your kids:

  1. Wrath: This is the sin that causes many of the others. You might feel justified, but remember that it’s your kids who will most likely suffer when they have to also deal with your wrath. If you have uncontrolled anger, you need to seek help.
  2. Greed: In co-parenting, this usually means you’re trying to “win.” That’s a selfish, greedy mentality. There is no winning. Your kids won’t benefit from you “winning” most of the fights, so be above the greed.
  3. Sloth: Are you failing to follow the court order? That might just be a sign of laziness and it’s a failure as a co-parent. You will be held accountable to all legal documents, so put the energy in to make sure you’re doing what needs to be done.
  4. Gluttony: Put your needs behind the needs of your kids. Somehow this tends to be harder as a co-parent, but it’s just as important. In fact, it may be more important.
  5. Envy: Envy is a tough one to control. You may envy your ex’s new relationship, the fun your ex is having with your kids and not you, or many other new circumstances. Focus on being happy with what’s currently in your life.
  6. Pride: This most commonly occurs when you fail to see what your ex brings to the table. When you view yourself as twice the parent he/she is, you’re being prideful. And you may unintentionally try to force those views onto your children. Practice humility. Everyone has strengths and weaknesses.
  7. Lust: An intense desire for money, control or power can all be considered lust. And in co-parenting there are a lot of possibilities for lust. A successful co-parenting relationship requires communication, compromise and self-reflection.

Co-Parenting Dos and Don’ts

Parents divorce or separate and then try to figure out how to still be the best parents they can be. We know it’s not black and white, but if only there was a list of right from wrong. Good news—now there is! We’ve shared the below Dos and Don’ts from Dr. Phil regarding co-parenting:

Dos:

  • Remember that you’re only in charge of your own life. You can’t parent for your ex, just as much as you can’t live his/her life. Take the high road and worry about yourself.
  • Always put your children first. Almost every interaction with your ex will probably affect your children in some way, but that’s easy to forget at times.
  • Set boundaries and make sure that your relationship with your ex is limited, but healthy.
  • Set a specific plan for parenting that works for both of you, and most importantly, will work for the kids.
  • Tell you ex the things they’re going to hear. For example, if you’re dating someone new, your ex would rather hear it from you than the kids.

Don’ts:

  • Don’t talk poorly about your ex, and expect him/her to do the same. Nothing good will come from that.
  • Don’t jump to conclusions or assume that your ex is always the ‘bad guy.’ If a situation arises that your children tell you about, discuss it with him/her before you take action.
  • Never use your children as pawns. This should be obvious, but you’d be surprised how many Orange County parents we’ve seen do it.
  • Don’t ask your children to pick a side- you’ll end up looking like the bad guy.

Have more questions? Give us a call today about how we can help you!

Before You Date

If you’re excited to start dating again post-divorce, you should be! There are tons of hot spots in Riverside and Orange County to meet other singles and it can be a great time. However, the game changed a bit (or more) since you were last single, and there are some things you need to be aware of. Have you heard of Tinder? All of the under-30’s have, and they’re probably using the app to date.

Here are some tips from HuffPost readers to help you keep up:

  • You know what you don’t want. Your last marriage showed you that. If you’re still unsure of what you DON’T want, you’re probably not ready to date again. Use dating as a time to figure out what you DO want.
  • Work on you first. If you still have emotional baggage form your divorce, you’re not ready. You should be able to talk about the split without it causing you to get upset.
  • Don’t cling. You may feel lonely and it could cause you to cling to the first halfway decent person you meet. This could lead to a quick ending because most people don’t like clingers, or it might lead you to picking a new unsuitable partner.
  • Ask lots of questions. The best way to get to know someone is to ask questions. You’ll know them by what they say and HOW they respond.
  • The first person you meet won’t be your next husband. Even the 10th may not be. Be patient. You’d rather spend many more years dating than go through another divorce 10 years later.
  • Online dating takes thick skin. You will message people who will never respond. You’ll talk to someone and then he/she will suddenly decide to stop talking to you. People say hurtful things via the Web. Know what you’re getting yourself into.

Top 10 Parenting Tips for Divorced Parents

After your divorce is complete, it should be a relief. Finally, the process is over and you can focus on starting a fresh chapter without your spouse. However, when you add children to that equation, the frustration might be just starting. Not only do you have to continue interacting with your ex-spouse, but it has to be amicable enough maintain a healthy environment for your child.

What do you need to do as a parent to provide your child with a positive outlook on your divorce and a healthy relationship with your ex-spouse?

Read on for the top ten tips on co-parenting after a divorce:

  1. Set feelings of hurt or betrayal aside. This sounds easier said than done, but it is key for maintaining a healthy environment to your child. It’s okay to be angry or hurt, but you do not have to let your feelings dictate your actions. Let your actions be motivated by what is best for your child-which is cooperating with your ex-spouse.
  2. Get your feelings out, but do not vent to your child. You will no doubt need to let out steam occasionally, but it’s important that you don’t badmouth your ex-spouse in front of your child. Your ex-spouse is still your child’s mother or father, and hearing you speak badly of them can be hurtful and confusing to them. Also, emotionally depending on your child in that way is too much pressure for them and may alter your relationship with them. Enlist the help of friends, family, or a counselor for help venting.
  3. Don’t trap your child in the middle. You should not let your child feel like they are being torn between you and your ex-spouse. You may always hold onto some resentment with your ex-spouse, but you need to compartmentalize those feelings for your kids. Never use your children as messengers between you and your ex, which would put them in the middle of your conflict. Try to communicate your ex yourself, because your child has the right to a relationship with the other parent free of your influence.
  4. Don’t use your child against your ex. At this point, you are adjusting to your new family dynamics and way of life. In addition, you are putting your old relationship with your ex in the past and developing a new one. There may be times when custodyissues arise and you and your ex have a disagreement. It is very important that you do not use your child as a bargaining chip when negotiating. This is confusing for your child and will likely cause a lot of resentment in the future from your child.
  5. Don’t “rescue” your child. When speaking to your children, allow them to express exactly how they are feeling. You may be tempted to ‘rescue your child by trying to fix any negative emotion they express. However, it is normal for your child to feel this way, and it is more important for you to validate your children’s feelings and let them know you are there for them no matter what.
  6. Be clear when communicating with your spouse. To avoid conflict, try setting a business-like tone, where you clearly define boundaries. A business-like tone also entails being cordial, respectful, and neutral. Be sure to listen to your ex, and communicate with them consistently.
  7. Improve your relationship with your ex-spouse. Maintaining a cordial relationship with your ex-spouse is in your child’s best interest. To keep a good relationship, you will want to check in with your spouse to ask their opinion on any issues. If necessary, you might want to take the high road and apologize.
  8. Be consistent. Having a consistent environment for your kids will help them feel comfortable and acclimate quicker. Have generally consistent rules and discipline tactics in both homes. You will also want to try for a regular routine or schedule for the child to get used to regarding school, meals, or bedtimes.
  9. Don’t introduce big changes to the family at this time. After having finally ended their unhappy marriage, some parents want to pursue new lifestyles and interests. Though this is fine, this isn’t a good time to implement these changes. Kids thrive on predictability, and the divorce itself was already a big change for them. Give them adequate time to get used to the divorce before making radical changes.
  10. Don’t rush a step-parent connection. Once you do introduce changes into your new life, you may want to introduce a step-parent to your children. Many kids want to rebel against a new

What Does the Divorce Process Look Like?

Starting the divorce process can be daunting, especially when you are not sure of how the process actually proceeds. In general, a divorce follows the same format. Familiarize yourself with the steps and a divorce process might not seem so overwhelming.

First, the petitioner, meaning the party who is initiating the court case, has a few things to decide. The petitioner will want to determine if you qualify for a summary dissolution, which is a quicker and easier way to end a marriage or domestic partnership. If you qualify for a summary dissolution, you will not have to talk to a judge, though it is still in your best interest to consult your lawyer. To qualify for a summary dissolution, you have to have been married for less than 5 years, have no children together, and not own any major assets together. In addition, the petitioner will want to determine where they can file the divorce, including what state and county. They will also want to figure out how much it will cost to file the divorce forms, and if they can afford it. Before the divorce proceedings, the petitioner will want to determine if there are any special procedures or forms for divorce in their county.

Next, the petitioner might want to talk to their spouse to see if they can agree on the terms of the divorce. Keep in mind that this step should NOT be carried out if you are a victim of domestic violence. If you are concerned for your safety, consult with a lawyer or domestic violence counselor for this step. If you can talk with your partner and agree on divorce terms, you may be able to save money on filing fees, like if you work it out so only the petitioner has to file papers in court. Creating an agreement will also cut down on court time. It should also be noted that these conversations do not have to happen early on in the case, rather, they can occur throughout the proceedings. So, do not give up on trying to reach an agreement if one cannot be reached early on.

Next the petitioner will complete and file all the necessary forms, including any forms specific to their local. Filing the forms just entails giving the forms to a court clerk at your courthouse. There is a fee for filing forms; if you cannot afford the fees, you can apply for a fee waiver. Next the respondent (the person being sued) will have copies of the court forms delivered to them in time for the respondent to give the judge their side of the story before a decision is made. This part of the process is called “service of process.” The person who delivered the forms to the respondent fills out a “proof of service” form which the petitioner then files.

After this, the respondent decides if they want to file a response with the court. If not, the judge will make a decision on the case. If they do decide to file a response, the respondent will fill out and file a series of forms within 30 days of being served. Then, those forms will be served to the petitioner. Again, the person who delivers the forms will fill out a proof of service form which the petitioner will file. Both parties then exchange financial documents which state what they own and what they owe, which is called the “preliminary declaration of disclosure.” The preliminary declaration of disclosure helps the parties to come up with a fair way to divide debt and property.

Finally, the court will approve and sign the judgement. This part of the process depends on whether or not the spouses can reach an agreement on the terms of the divorce or not. Next, both parties will have to file a few more forms. If the couple can reach an agreement on the terms, they will not have to go to court and the process will generally be easier and shorter. 6 months after the final forms are filed, the divorce is finalized.

One Woman's Life Changing Journey Up Kilimanjaro

In September 2012, writer Ann Abel’s life imploded. At the beginning of that year, she had a beautiful loft in New York’s East Village, a dream job as a travel editor for a luxury magazine, and a husband who her friends and family were sure was the best thing that ever happened to her. Flash-forward to September, and Abel was working as a freelance writer, living in a Brooklyn apartment with a distant friend, and in the midst of a messy divorce. Crying on the kitchen floor, she felt she had truly reached rock bottom. Shortly after, the new divorcee turned 39, and realizing she was staring a milestone birthday in the face, she decided she needed to do something big.

Abel gave herself the birthday gift of a trip to climb Kilimanjaro. Her plan was to turn 40 years old at the top of the mountain, to prove that she was still, “gutsy, fit, vital, strong, slightly crazy, and young.” She also wanted to prove to herself that despite losing her job, her home, and her husband, she was still standing and as strong as ever. The writer had some experience with hiking and climbing, including climbing a 14 foot mountain in Colorado and and exploring trails like the Appalachian Trail. The writer cites one of the most exhilarating experiences of her life as when she climbed a small peak in New Zealand’s Southern Alps. In fact, it was that feat that inspired her to climb Kilimanjaro to reclaim the adrenaline and sense of accomplishment she felt. Still, none of her experience came close that of climbing the 19,340-foot summit.

So, Abel booked a trip with Wilderness Travels, a luxury travel company who organizes an 8 day journey, as opposed to the standard 5 day trip. The longer hike follows a trail which allows the climbers to acclimatize easier to the thin air as the elevation increases. The trip also included an array of amenities like tables and chairs in the dining tent, chemical toilets, hot water for dishwashing, and a group of 80 porters who acted as guides, chefs, and even carried their gear up the mountain. Surprisingly, the writer found the most difficult part to be resting. While she had mentally and physically prepared herself for the climb, she didn’t know the hardest part would be sleeping on the cold, hard ground, alone with her thoughts. The writer admits to crying for most of the first night.

After the first night, the climb got a little easier. Many of the women on the trip confirmed the had similar feelings, and Abel even met a “kindred spirit” in a fellow woman who was 40 and had gone through a difficult year as well, Susan. Though she still cried most nights, she got lost in the breath-taking scenery. Each day, she found herself more motivated and inspired than ever. The last day was the most brutal. The climbers found themselves at 16,000 feet, where they climbed icy boulders until they reached 18,600 feet. Finally the campers found themselves as the summit at 8am on New Year’s Eve. Abel and her new friends basked in exhilaration and a sense of accomplishment, posing for photos under the Uhuru Peak sign.

On the climb down, Abel felt she was in a strange funk. While she was still proud of herself, she felt she didn’t have anything to look forward to. “I realized that I’d somehow thought I would figure everything out on the mountain,” she writes, “ I’d assumed some magical epiphanies would just happen to me, that I’d find purpose and direction for the second half of my life.” However, she found that she was so focused on physically climbing, she had no energy to use for “soul-searching.” Once she had time to reflect, she realized the point wasn’t to “Figure Everything Out,” rather, the journey reminded her that there is value in the process of healing, and she might even need help sometimes, just like how she needed a lot of help from her guides. “Poly-poly is what the guides constantly reminded us” Abel says, “Slowly, slowly. It pays to be patient, to let things take time, but to work for them instead of expecting them to just come to me without any dedicated thinking of effort.”

Common Tax Question Before and After Divorce

Taxes can be a pain to deal with every year, although they have to be done. On top of pains that comes with taxes, inserting a divorce into the equation can be that much more stressful. However, it doesn’t have to be if you are aware of common questions and issues that come with tax preparation. Luckily, provided below are very common tax questions and answers to those questions. You don’t have to worry about embarking into tax preparation on your own, a nice family law attorney and accountant can be there to assist you and help you find the best suiting financial path.

  • Starting off, some people don’t know that spousal support received is considered taxable income, but it is. The paying spouse can deduct those payments on their own tax returns, so that is something to be aware of. Child support, on the other hand, it not tax deductible or tax includable. Since it comes out of post-tax dollars, it has already been covered for.
  • Existing California and federal law allows the parent with whom the child stayed the greater number of nights is entitled to claim dependency exemption. The other parent, the “noncustodial” parent, usually cannot. However, if you agreed with your ex during the divorce to allow the noncustodial parent to claim the child, the IRS will honor it. It’s common that parents will agree to alternate claiming the child to split tax exemption. If you divorced recently, your spouse needs to fill out IRS form 8332. If you divorced prior to 2008, you just need to attach the divorce court order to your tax return.
  • Since disagreements, hostility, and heated disputes are very common when going through a divorce, it is suggested that you keep detailed records of support payments received, paid etc. to avoid any of those disagreements.
  • Even if your divorce is not considered “final” by the end of the year, you are still allowed to file an individual tax return. It is suggested that you consult with your personal accountant or tax preparer for the best options, but it is likely that they will have you file married but separate or file jointly spouse.
  • When you begin preparing your tax return for the year, it’s suggested that you ask for advice on deducting attorney and/or accountant fees for state and federal income tax purposes if you decide to you down that route.
  • Whenever you start preparing your income tax returns, you should always visit the IRS web site to access the specific manual entitled Tax Information for Divorced and Separated Individuals. This can help additionally with any specific questions or concerns that may arise when filing your taxes for the year.
  • Thankfully, for any spouses whose exes had an inaccurate joint tax return, there are now laws entitled “innocent spouse” that were put into place to protect these victims. If this described situation applies to you, you can find out how you may benefit by visiting the Innocent Spouse and the IRS.

Hopefully, with the tips provided above, this specific information can help you during your divorce and help you better understand the process of tax preparation. Also, your Family Law attorney and accountant can be just as helpful during this process. Don’t be hesitant to ask them questions and for help along the way. Contact your divorce attorney because your financial future depends on it!

What to Do After Your Divorce

After your divorce is finalized, you may be feeling confused as to what steps to take next. There are many relevant issues to consider after your divorce; issues regarding taxes, insurance, child support, and your assets should all be taken into account. If at all possible, you might want to consult a financial advisor before your divorce is final, or at the earliest convenience. Though it may seem overwhelming at first, taking an organized approach can help to put your mind at ease. The steps you take now can help ensure that you have a solid foundation for your new life.

One of the first things you should do after after your divorce is split up your assets and change your insurance beneficiaries. Tell your employer about the separation so that you can change your income tax withholding status, as well as the beneficiary of your employee benefits. Your employer will contact the spouse about the cost of continued health insurance. In addition, now is a good time to change your retirement account beneficiaries, and your last will and testament.

If you haven’t already, be sure to close any credit card accounts that list both you and your spouse, and reopen them in your name alone. While you’re taking care of splitting up assets, you may need to change the title of your car, if it’s determined that only one spouse will take a vehicle that you used to jointly own. To change the title, you will need to file a Notice of Transfer and Release of Liability at the Department of Motor Vehicles. The biggest asset you may need to split could be your 401K. Be sure to work with your attorney to take care of your 401K, as this is a key step to preparing for your future.

Another issue to address is the custody of your children. In California, it is possible to alter the custody, child support, or visitation terms after the divorce is finalized; alterations to these terms are among the most common made. Changes can be made at any time without a significant change in circumstances. Reasons for changes often regard and change in a parent’s work schedule, one of the parents moving, a change in the child’s preference, or one of the parents being deemed irresponsible. If you feel any of these factors apply to you and you’d like to make modifications, consult your attorney, who can help you complete the correct file for a modification.

Once you have taken care of these main issues, you might want to establish a budget. You may need to live off your divorce settlement now, or you could invest your settlement for the long term. Any additional questions regarding taxes or credit can be addressed to your attorney. Compile a list of ny matters about the next steps to take that may be troubling you and inform your attorney about them. After you’ve resolved any confusion, you can focus on starting a fresh chapter of your life.

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