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Divorce & Bankruptcy go Hand in Hand?

Money problems in a marriage can lead to divorce.

Because many people going through a divorce are also under a lot of financial stress, they often think about the possibility of bankruptcy as a way to keep everything under control. Stress arises from having to pay lawyer and court costs and most importantly, having to cover the expenses of two households rather than just one.

Unfortunately, divorce and bankruptcy

seem to go hand-in-hand for some people.

However, bankruptcy isn’t always the best idea, but if you decide to take that road, you won’t be alone. Bankruptcy filings have increased considerably over the last several years.

If you’re considering filing for bankruptcy along with your divorce, the way you word your divorce settlement can have a lot to do with how the bankruptcy affects your divorce – and vice versa.

How does bankruptcy and divorce fit together? Are you aware that there are different kinds of bankruptcy? The following are the way the issues settle out:

  • The Automatic Stay – Stops all efforts to enforce the collection of debt.
  • Discharge – Is your debt dischargeable? Can you get rid of it?
  • Paying support – Obligations from your divorce to pay support, including spousal and child, is not dischargeable in bankruptcy.
  • Property Settlement – The obligation of a property settlement may or may not be discharged, depending on the circumstances. The debtor must prove that he or she cannot pay the debt and still take care of themselves and their dependents – or that discharging the debt would result in a benefit to the debtor that outweighs the harm that would be caused to the former spouse by non-payment.

Debts that do not get discharged include:

  • Spousal and child support
  • Some obligations for a property settlement
  • Student loans
  • Debts arising from fraud or theft
  • Criminal restitution

If your spouse starts bankruptcy proceedings before your divorce is finalized, you might want to think about filing jointly, especially if most of your debt obligations are in both your names. It is important to note that a joint bankruptcy filing is typically not available to divorced couples, even if much of their debts are held jointly.

The law surrounding divorce and bankruptcy is complicated and each case is different. Whether you need assistance with a divorce or custody dispute, or have fallen on hard times financially and need to file bankruptcy, the family law offices of Holstrom, Block & Parke can help.

We will sit down and discuss your needs and goals with you and then aggressively represent you in and out of court to achieve the best possible outcome. Contact us at one of our conveniently located offices in Orange, Riverside or San Bernardino Counties.

Divorce

Can I Get My Ex Spouse To Pay For My Attorney Fees?

The cost of hiring an attorney in a divorce case can be very expensive, depending on the circumstances and complexities surrounding your situation.

Sometimes, the court will order one party to pay a portion of the attorney fees incurred by the other party, especially if one party earns more than the other; however, the family court will almost never order one spouse to pay all of the other spouse’s fees.

What can you do when you need to hire a divorce attorney but cannot afford the retainer because your spouse earns all the family income and holds the purse strings?

The problem of finding the money to retain an attorney is commonly a source of great anxiety for divorcing couples. So, how do you get an attorney to help you get through this process? Questions arise, including:

  • Can you use the funds from your joint bank accounts?
  • Can you use your joint credit card?
  • Do you need to borrow the money from a family member or friend?
  • Should your soon-to-be ex-spouse pay or contribute towards your attorney fees?

Should your spouse pay for attorney fees and costs? The answer to this question is, “it depends on the facts in your case.”

According to the California Family Code Section 2030, the court is “empowered to order the payment of fees and costs as between the parties, based on their relative circumstances (i.e. respective incomes and needs and abilities to pay) in order to ensure a parity of legal representation in the action.”

In addition, Family Code Section 1100 allows you to access joint funds before family law proceedings are actually filed. It provides that,“either spouse has the right to management and control of the community personal property.”

When a joint bank account exists, you might be wise to use some of those funds to hire your attorney before your spouse empties the account. However, it is not wise for you to take all the joint funds. Don’t appear greedy in front of the family court judge.

If you have questions regarding possible attorney fee awards in your divorce case, please contact the family law offices of Holstrom, Sissung, Marks & Anderson for the help you need. We are located in Riverside, Orange, and San Bernardino Counties.

Divorce

Divorce & Inheritance

Regardless of your current situation, a divorce can be emotionally draining, financially taxing and stressful for everyone involved.

Whether you’re on the receiving end or the giving end of an inheritance, divorce can throw a curve ball into your plans for the money. Inheritance rights can become complicated during a divorce – your spouse may be able to claim a part of your inheritance, as part of the property settlement agreement. This is where it is highly recommended to have the an experienced divorce attorney give you a clear understanding of what monies are considered marital property and should be included during the settlement agreement.

If you have received an inheritance while married, you run the risk of turning your inheritance into community property if you commingle the inherited funds or property. Commingling is the act of mixing the funds belonging to one party with those of another party. For example, placing inheritance funds into a joint account will commingle the inheritance – thus, making it marital property.

However, on the other hand, if you receive an inheritance while you’re married, it’s yours – as long as you keep it separate from marital assets.

So, if you divorce down the road and your inheritance remains separate property, the court won’t order you to give a portion to your spouse as long as you take some precautions:

  • Consult with an attorney to draw up a post nuptial agreement, for extra protection, stating that your spouse has no interest in your inheritance in the event of a divorce – make sure he or she signs it.
  • Don’t do anything with your inheritance that might make it appear that you intended to share it with your spouse. The court may consider it marital property in that case.
  • If you decide to leave your married child an inheritance, it is wise to transfer your bequest to her through a trust rather than a last will and testament.

To learn more about how you can protect your assets whether you are married or about to be, or thinking of divorce there are still options available for you to safe guard your finances, click here.

Another matter to keep in mind is that most people who are marrying do not often think about protecting themselves from their future spouses. After all, marriage is supposed to be forever. However, in California and the rest of the country, about half of first marriages end in divorce.

Dissolving a marriage brings about financial conflicts, including inheritance rights. Although this may be a very difficult time in your life, it is important to understand that an experienced family divorce lawyer can make a real difference in not only guiding you through the legal process, but also helping you secure what you deserve.

Contact the family law offices of Holstrom, Block & Parke with convenient offices in Riverside, Orange and San Bernardino Counties. We will answer your questions and address your concerns with the importance they deserve.

Divorce / Property Division

Does Your Divorce Attorney Have Family Law Experience?

Three Things To Keep In Mind:

Did you know that there are, on average, four divorces filed every minute in the U.S.? It’s no surprise that many people end up needing a divorce lawyer in these cases. Divorce can be adifficult emotional and financial period to begin with, and disagreements regarding money, property or children can only add to the legal confusion. If you are currently going through a divorce, there are three things you should keep in mind.

  • What do Family Lawyers Do?

When you’re getting a divorce, many people will probably recommend hiring a family lawyer. This is because family attorneys deal with many aspects of law that come up during divorce cases, including alimony, child custody, and child support. According to Rutgers University, 60% of divorces involve children. Hiring a family lawyer can be a good idea because their entire caseload will be situations like yours; they will be experts in the field. What you don’t want is a lawyer who has little experience handling the complexities of family law.

  • The Cost of a Divorce Lawyer

If you’re Madonna divorcing Guy Ritchie, your divorce will cost you $75 million. For the average person, though, the cost of a divorce will usually add up to several thousand dollars, which comes from attorney fees, mediation, and court costs, not to mention any divisions of assets or child support fees that might occur. Typical hourly rates for attorneys will run anywhere from $100 to $1,000, so it’s in your best interest to get things settled more quickly than not.

  • Questions to Ask a Divorce Lawyer

When you’re in the processing of choosing an attorney, it’s important to ask questions about how the divorce process will go. Talk to them about your expectations for the case- not only about what you’ll get out of it, but what you’ll probably have to give up, and how long you should expect it to last. Ask what percentage of their practice deals with family law- move on if their legal focus is largely elsewhere. Make sure you understand how they will bill for time- if you make a call or send an email, how does that work into your bill?

If you are ready to file for divorce, start your search for an attorneywith the law offices of Holstrom, Block & Parke experienced in family law and divorce law. We provide a personal service to all our clients, we know its a very emotional process and we have the tool necessary to ensure you get through the process with the best possible outcome protecting your rights and your life after divorce. Call us today at one of our many law offices in southern california or visit us online, you can fill out our contact form.

Divorce

I Miss Seeing My Children

You’re going through a divorce and your life is a total mess now – filled with a lot of stress and emotions. However, the one great thing that came out of your marriage is your children – now, for all practical reasons, they too are gone.

When you go through a divorce, you not only have to deal with the emotional trauma of splitting with your spouse, but you have to cope with losing the day-to-day relationship you have with your children.

Sometimes couples stay together because the dad can’t stand the idea of becoming separated from his children. Do I have to tell you how unhealthy it is to stay in a relationship where you and your spouse are destroying one another?

When you’re a parent going through a divorce, your number one priority often lies with how your children’s lives will be changed.

After a divorce, children are typically sent back and forth between their mother’s and father’s homes. The actual time varies, depending on the type of custody that was awarded in a court order.

In case you aren’t aware, you have a legal right to have a meaningful relationship with your children – even if you are no longer with their mother.

Are you a dad who is having trouble seeing your children since your divorce? Is your ex-spouse using your children as a means to punish you for leaving? Has your ex become so hostile that she’s only allowing you to see your children every other weekend – sometimes less?

Your ex might think she is justified to do this because you left, but she isn’t. You’re still paying child support – never stopped paying child support – but you want to see your children as often as possible.

What about if your ex decides to move away? About 20 percent of custodial mothers find an excuse to do just that – leaving the father to see his children only a few times a year. You end up being the father who had daily close contact with your children to a father who is out of the loop with your children.

It’s in the children’s best interests to have both parents present during their lives, but sometimes personal disagreements can get in the way of this. We have seen many parents use their children as pawns simply to get back at the other parent. This is unfortunate because not having a relationship with a parent can affect the child’s life.

Do you find yourself in this situation? If so, contact the Family Law offices of Holstrom, Block & Parke.Our firm can help preserve your rights and make sure your children do not miss out on having a relationship with their father.

We are conveniently located in Orange, San Bernardino, and Riverside Counties. Call our offices for a free consultation to discuss your case with us.

Child Custody / Divorce

Long Distance Parenting

It’s never easy to be away from your children – whether for a few hours, a few days or most of the time.

When parents are together, moving their family isn’t usually a problem. The problem, however, occurs when parents are divorced and one parent is made to be a long-distant parent.

Long-distance parenting is one of the most difficult challenges facing parents who go through divorce. With the divorce rate being so high, it’s an experience that thousands of divorced families go through every day.

If you are a parent contemplating

relocation to another city or state, you must understand that there are consequences for your children. After all, children rely on their parents to make good decisions for them and children also require a daily dose of love, attention and affection.

Keep in mind that not only will you become a long-distant parent, but your children will become long-distant children – your relationship will very likely change. Children lose out on having both parents attending their school or extra-circular events, helping them with their homework, being in their cheering section when need be. Children lose the balance that having two parents provides.

How do I make this work, you ask? If you have considered all of your alternatives and you have no choice but to move, then you and your ex-spouse must work really hard to ensure that the relationship between you and your children continues.

Bear in mind – this is not going to be easy. It requires integrity, compassion, focus and a commitment to the parent-child relationship. You must give it your all. Regardless of how far you are from your children, if you focus completely on them and what they need in order to thrive, it will become easier to take the actions that will meet their needs.

An important key to maintain a strong, healthy relationship with your children is communication with not only them, but your ex. When you lived under one roof, you knew if they were sick, what they did in school, who their friends are, or if they wanted to pierce one of their body parts.

Don’t let communication about daily life change. As the long-distant parent, you must work to maintain your relationship with your children. Unless you keep communications open on a regular basis, you’ll miss a lot about what’s going on in your children’s lives.

Keep your conversations going – use e-mail, text or webcams, in addition to the telephone. If possible, visit, even if it’s for a few hours or overnight.

Even if you reside in a different state from your children, an attorney can protect your legal rights as a parent.

Are you seeking permission to relocate, want to prevent a relocation, or simply need a child custody plan to accommodate for long-distance visitation, the family law offices of Holstrom, Block & Parke have experience assisting parents, such as yourself, in developing parenting plans that protect your parental rights.

One of the primary functions of the family court system is to protect the best interests of children in divorce and post-divorce matters. Different considerations apply to visitation schedules when the parents live next door, across town, in another county, in another state, or even in another country. Our attorneys have experience in all of these types of cases and are here to help you.

If you have any questions or concerns about visitation or any other divorce-related issues, do not hesitate to contact our attorneys today. We are conveniently located in San Bernardino, Riverside and Orange Counties.

Child Custody / Divorce

Does Divorce Make You Happy?

Most people that are in a bad marriage believe they have only two choices:

  1. Stay married and continue to be miserable
  2. Get a divorce and be happy.

A recent study conducted at the University of Chicago found no evidence that unhappily married couples who divorced were happier than unhappily married people who stayed married. In addition, the study showed that two-thirds of unhappily married spouses who stayed married reported that their marriages were happy five years later.

The study used approximately 5,000 married adults – about 650 reported being unhappily married. Five years later, some of the people had divorced or separated, and some were still married.

The bottom line – divorce didn’t reduce symptoms of depression, raise self-esteem, or increase a sense of mastery. So, why doesn’t divorce typically make adults happier? Even though divorce usually eliminates some stresses and potential harm, divorce may very well create others as well.

The decision to divorce sets in motion a large number of events over which an individual has little control. These events, including the response of one’s spouse to divorce, the reactions of your children, and finances, most likely will affect his or her emotional well-being.

If you are thinking about divorce and have many questions, it is important to contact a skilled family lawyer at the law offices of Holstrom, Block & Parke before doing anything. Our attorneys will guide you through your issues so you can focus on moving forward with your life.

We are conveniently located in Riverside and Orange Counties.

About Dayn Holstrom

Dayn Holstrom is a hard working, compassionate problem solver who welcomes the opportunity to serve you in any way he can. His maximum availability to your questions and concerns begins with your free initial consultation. He is well-seasoned in all matters related to family law and a skilled negotiator and litigator.

Divorce

Divorce: Emotionally & Financially Devastating

Divorce, custody battles,child support, alimony, modifications or contempt actions can be emotionally and financially devastating for everyone involved.

You need to make financial and logistical adjustments, carefully monitor your legal rights and manage heightened emotions during this stressful time. If you have children, matters can be complicated further. While these issues are basically the same for most couples, you may face very specific concerns according to your unique position.

In California, the only reason needed to end a marriage is ‘Irreconcilable differences’. In addition, California is considered to be a community property state, which means all marital property is split 50/50.

Community property consists of:

  • Home – resident, rental and any vacation properties
  • Motor vehicles, recreational vehicles
  • Financial – bank accounts, pensions, any income earned
  • Other assets – jewelry, household furnishings, art collections
  • All debts incurred

Property not included in the division would be ‘separate property’, which means any property owned before the marriage took place, including an inheritance or bank accounts which was kept separate from marital accounts.

Issues that need to be decided upon include:

  • Spousal support – depending on the length of the marriage, etc.
  • Ability of one spouse to pay the other
  • Child custody, child support, visitation – if there are children involved

At Holstrom, Block & Parke, we help clients throughout Riverside County with a wide variety of child support matters including enforcement and modification issues. We do everything we can to ensure that you receive the maximum level of support available for your children.

We will work to ensure that the income figures are accurate and aggressively argue any special circumstances that might call for additional support. We will pursue every option available to obtain the most favorable possible result in your case.

If you need dependable advice about your options during the divorce process,contact the Riverside Family Law offices of Holstrom, Block & Parke. We focus on you and your family, so you can focus on the future.

About Dayn Holstrom

Dayn Holstrom is a hard working, compassionate problem solver who welcomes the opportunity to serve you in any way he can. His maximum availability to your questions and concerns begins with your free initial consultation. He is well-seasoned in all matters related to family law and a skilled negotiator and litigator.

Alimony / Child Custody / Child Support / Divorce / Money, Property & Support / Property Division / Spousal Support

I Need Help With My Child Support Payments

When a family court judge rules on issues of child custody and child support, he or she does so knowing that at some point the order may need to be changed. Circumstances in people’s lives change as time goes by – and these court orders can change with them.

In order for a court to allow support modification, the party seeking the modification must show that there has been a significant change in circumstances that warrants the change.

Has one of the following happened to you?

  • You have experienced a decrease in your income – job loss, medical problem/serious injury
  • Remarriage
  • Your ex-spouse wants to leave town – changing your custody and visitation arrangements

If you fall into one of the above situations and need a post-decree modification on your child custody and/or child support, it is important to contact an experienced Family Law attorney to discuss your options and risks.

Contact the Riverside Family Law offices of Holstrom, Block & Parke because our attorneys know when to recommend compromise to prevent escalation of disagreement and discord in a divorced family situation. Let us help you move forward and start planning the future you want.

Child Custody / Child Support / Divorce / Financial Help

The Many Facets Of Divorce

Letting go of the years you spent together after your divorce is final is not always easy. This is true – even if you initiated the process.

Everything you’ve been thinking about for months and months is now a reality. You may feel out of control and even somewhat bewildered, but it’s time to move on.

It’s time to realize that your lifestyle is about to be altered by the financial settlement. You now have to worry about spousal support and child support. What about your children? They are probably the most painful part of all of this.

Your children won’t be with you every day now. You have to share custody with your ex-spouse. Don’t feel guilty – everything will eventually fall into place. You just need to agree on certain things in order to make the transition move smoothly. Having an experienced attorney by your side to help guide you through all those hard moments and make the process much more manageable to get you to focus on your new life, and all the changes heading your way.

Even when the divorce starts out friendly, it doesn’t mean it will stay that way. Battles take place while working through all the details. Fear and anger can take control while listening to well-meaning friends.

Are you going through a divorce and feel that stress is about to take hold of your life? It would be in your best interests to contact the Riverside Family Law offices of Holstrom, Block & Parke immediately. Our attorneys understand the intricacies of divorce and the realities of your financial situation.

We will work with you to arrive at a reasonable legal settlement that is within your means and meet your needs while doing so. More than anything, we can help you come to terms with difficult decisions made with care and confidence during this stressful and traumatic time in your life.

About Dayn Holstrom

Dayn Holstrom is a hard working, compassionate problem solver who welcomes the opportunity to serve you in any way he can. His maximum availability to your questions and concerns begins with your free initial consultation. He is well-seasoned in all matters related to family law and a skilled negotiator and litigator.

Alimony / Child Custody / Child Support / Divorce / Spousal Support

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