Have you been served with divorce paperwork? Are you considering divorce? What about a legal separation or a Marital Separation Agreement?

The terms below may or may not sound familiar to you. The Family Law attorneys at The Law Offices of Bowman and Associates have over 30 years experience in family law! If you are unsure of what these (or other) terms mean, give us a call. We are here to help, and we will ensure you receive the best information possible.

We will also assist you throughout your case! If you are looking for a family law attorney that cares about their clients, give us a call today at 916-985-2600!

Listed below are a few of the more common terms used in family law.

Adultery

Sexual intercourse between a married person and a third party.

Courts once used adultery, once the sole ground for divorce in some jurisdictions, to punish the guilty. Today courts are more interested in the economic impact of adultery, if any, on the marital estate. How much money was spent on the mistress? Think of judges as accountants who want full disclosure and financial accounting for improperly spent funds.

Agreement

Separation Agreement; Property Settlement Agreement; Marital Agreement A legally enforceable, spousal contract settling all matters. Generally not referred to as a 'divorce agreement' since only the court can grant a divorce. If the parties fail to reach an agreement, the case goes to trial, and the court's decision and judgment is substituted. Court's judgments are modifiable based on a material change in circumstances. An agreement may be either modifiable or unmodifiable. Typically, these agreements settle issues relating to:

1. Asset and liability division
2. Alimony, health, and life insurance
3. Legal and physical custody, child support, visitation, medical insurance and expenses, and college.

Arbitration

A legally binding, non-judicial procedure held before a neutral third party, the 'arbitrator,' who acts as private judge. Unlike mediation, neither party can unilaterally terminate the process, and both parties are bound by the arbitrator's decision, as if a judge acted in her official capacity. In some states, judges refer certain cases or aspects of cases for arbitration.

Ground(s) for Divorce

Each state's divorce statutes set forth certain improper or troublesome behavior that constitutes a 'legal reason' for the court to grant a divorce. The following list, based on Massachusetts law, is for illustrative purposes only. Each term has a legal definition which may differ from commonly used English. Your state may 1) not recognize all the grounds set forth, and 2) may include other grounds.

1. Adultery
2. Cruel and abusive treatment
3. Utter desertion
4. Long-term incarceration
5. Gross and confirmed habits of intoxication
6. Non-support
7. Impotency
8. Irretrievable breakdown of the marriage (no-fault)

Injunction; Injunctive Relief

A court order prohibiting certain activity, ie: Temporary Order; Temporary Restraining Order

Injunctions are generally 'negative,' i.e., they prohibit certain activities. Injunctions which require certain activity are called 'affirmative' injunctions. Outside divorce, most injunctions are 'negative.' It would be impossible to enforce certain affirmative orders, such as requiring an opera singer to sing. Affirmative injunctions are more common in divorce cases especially since they relate to minor children, often covering to visitation. Property-related injunctions are also common, usually restricting the sale or transfer of property, borrowing, and spending on non-necessities.

Joint Property

Property held in the name of both spouses. Except in Mississippi, for example, legal title is usually not relevant in dividing property. Basically, one spouse can't say, "honey, the property is in my name, so you don't get any."

Legal Separation

Separate Support; Separate Maintenance Available in some states, a legal separation is similar to a divorce, except no divorce judgment is granted that ends the marriage.

In response to a complaint for legal separation or separate support, the court may provide remedies relating to property (in some states) and support. Generally, a complaint for divorce or annulment is necessary before a court orders a final property division. Also called judicial separation.

The terms and definitions above are courtesy of DivorceRate.org. For a full list of terminology please go to: http://www.divorcerate.org/divorce-terms.html

Contact Roseville Divorce Attorney Kenric P. Torkelson to discuss your family law matter today!

So what is it about celebrities and their marriages? An uprising in celebrity divorce cases makes these cases look more and more about money. Anywhere you go you hear people talking about celebrities and their divorces. The increase in divorce cases involved more than just celebrities. In recent weeks we have heard of many "big money makers" divorce cases, like; Tiger & Elin Woods.

Divorce is more than money. It is about doing what is right in your heart. You need to ready for it, you need to be happy, and you need to realize it is a time for change in your life. The attorneys at The Law Office of Bowman and Associates have over 30 years experience practicing in Family Law. Our attorneys are great at what they do, and they truly have the heart to listen and do what is right for their clients.

We are willing to help those in need. We understand that coming to see a family law attorney can be an emotional and stressful time for people. We take the time to tell you what your options are and what to expect as the case moves forward. Whether its with Child Support, Child Custody and/or Spousal Support cases. We will be with you each step of the way.

Continue reading "Folsom Divorce Attorney" »

In a divorce settlement, it's common for both parties to focus on immediate financial concerns. Yet it is the long-term financial consequences of divorce that frequently are more devastating. Here are some of the most common mistakes and how to avoid them.

Taking the house. The spouse who will have custody of the children typically wants to keep the family home. While this may be desirable emotionally, it can be financially problematic.

A home is an illiquid asset that costs money to pay for and maintain. The parent with the children may not have the resources to take care of both the home and the children, particularly if they give up other financial resources in return for the house. Consequently, it may be better financially to sell the home and split the proceeds.

Assuming equal is equal. The family home also is a good example of the mistake divorcing couples often make by "dividing things down the middle."

Frequently the wife takes the house and the husband keeps his pension or retirement accounts. Say both are valued at $400,000. The home is a cost-burden, while the retirement account is a liquid asset that can continue to grow tax deferred, often at a faster growth rate than the home.

While this division is equal in today's value, you should consider the future value of your choices...

Continue reading "Long-term finances often are ignored in divorce settlements" »

While divorce is an issue no one wishes to have to deal with, divorce is actually very common and for a myriad of reasons, two people would want to decide to separate. The process of determining spousal support can be referred to in many other terms like alimony, maintenance or spousal payment.

To determine who pays spousal payment and who is entitled to that alimony, a number of factors have to be considered. Many divorce proceedings have a distinct mix of the factors to determine who pays alimony and the major factors are the length of marriage and the income difference that the two parties have. Stated simply, if a couple filing for divorce have been married for many years and the other party has a larger income, it's a high likelihood that the court will order the one with higher salary to pay alimony to the other.

Other factors that the court will have to look at to determine who pays spousal payment and who receives that maintenance money is the lifestyle that each of the parties are accustomed to, other contributions that each party has made to the marital estate, the level of education each party has and their earning potential. With a competent and highly skilled divorce lawyer, divorce cases in Sacramento can be argued with other factors like the money invested by one party wasted by the other or did one spouse have to put his or her life on hold just so the other could finish school or training to pursue a certain profession.

After all these factors are taken into consideration, the amount for spousal payment will then be determined and this is governed by another set of factors that don't stem far away from the factors to determine who pays the alimony. Some of these factors are the separate assets that each party has, the conduct of the spouses toward each other in the marriage and even the noneconomic contributions that each party has made to the marriage like homemaking, child care and even career building.

Continue reading "In divorce cases how is it determined who pays spousal payment?" »

In this era of social networking websites such as Facebook and Myspace, you can find out just about anything about anyone. You can find out their likes and dislikes, their friends, and what they like to do socially. Often, you can even see pictures to give you a snapshot into a particular person's life. In general, if you value your privacy, you should be careful of what you post on these social networking sites. If you are involved in a family law case, you should be even more careful. Anything you post can, and likely will, be seen by the opposing party in your case and his/her attorney.

If possible, this information will be used against you in your case. For example, if you are going through a divorce and are attempting to gain custody of your children, photos of you habitually drinking could be used against you to show that you are an unfit parent. If you are claiming you have no money to pay child support, photos of you with expensive cars, clothes, or jewelry, or on luxury vacations, will likely hinder your success in your case. It is best to assume that anything you post online will be seen by your adversary and act (and post!) accordingly.

Continue reading "Family law and Facebook" »

In today's economy, everyone's dealing with financial pressure. Whether you are paying or receiving spousal and child support payments, you may be facing a lot of challenges these days. Either the payor or the payee could be out of a job or dealing with reduced hours and a reduction in pay. Either way, those alimony and child support payments are probably weighing heavily on your mind.

If you're behind on your alimony or child support -- or if your ex is -- you may be wondering whether bankruptcy will make those back-payments go away. It won't.

Alimony and child support payments are not dischargeable in bankruptcy. In fact, under bankruptcy law, spousal and child support payments have to be paid before any other creditor can take a piece of the debtor's assets -- even the tax man.

What Should I Do If My Ex Owes Child Support and Alimony And Is Filing for Bankruptcy?

Just because the law doesn't allow alimony or child support to be wiped out by bankruptcy does not mean you don't need to protect your interests. Just like any other creditor, you should make sure the bankruptcy court knows that you're pressing your claim by filing a "nondischargeability complaint" concerning any alimony or child support you are owed.

Both the bankruptcy trustee and the Child Support Enforcement program should notify you if your ex has filed for bankruptcy, so you should never be taken by surprise. Even if you do nothing, it is unlikely that the bankruptcy court would discharge the back-child support or alimony arrearages your ex owes you, but it's always a good idea to get good legal advice and protect yourself.

Continue reading "Bankruptcy Won't Clear Up Spousal or Child Support Arrearages" »

It may have seemed like a good idea at the time, but Kelsey Grammer is probably wishing he had sought a prenuptial agreement with wife Camille Donatucci, who he married in 1997. The 41-year-old former Playboy model filed for divorce on July 1, citing irreconcilable differences.

Camille had just been cast as a member of Real Housewives of Beverly Hills, and it was known that Grammer was opposed to her participation on the show, which likely would have dragged him into the spotlight as well. It is not known how much of a role that disagreement played in her divorce filing, or if it played a role at all.

Of great concern to Kelsey Grammer, and surely his wife, is the fact that the couple did not sign a prenup before they married. Needless to say, Grammer may be handing out quite a bit of money before all is said and done.

He is especially concerned about money made during Frasier's 11-year-run, at the end of which Grammer commanded well above $1 million per episode. However, since Kelsey and Camille were married during the last seven years of the show, a lot of that money could be going to Camille under community property laws.

Camille has also asked for joint legal custody of the couple's two children, aged nine and six. It's a request echoed by Grammer, though he has also asked for joint physical custody.

As for rumors and accusations, they're already flying. TMZ reported that Grammer did not call his children on Father's Day, which the actor has flat-out denied. With things just heating up, and both child custody and Grammer's fortune at stake, this may only be the beginning.

Continue reading "Kelsey Grammer Faces Divorce with No Prenuptial Agreement" »

Anyone who's had a matter in the Probate and Family Court in Sacramento knows that you spend a lot of time waiting around the courthouse to be heard. Being a Divorce Attorney, I often find myself sitting in the hallways of the courthouse waiting. In these hours of waiting, I often hear unrepresented parties discussing their legal matters and I've come to realize that there are a lot of misconceptions when it comes to what the law actually is. I've decided it's time to address these myths, and bring some clarity.

Myth: Having Joint Legal Custody means that each parent is financially responsible for half of everything the child needs.

Truth: Whether or not a parent has legal custody of a child has nothing to do with whether or not he or she has to pay support, or how much that parent will have to pay. Legal custody dictates who gets to make major decisions for your child, like where your child will attend school. Child Support is based on the gross incomes of both parents, and who has physical custody of the child. Support is paid because both parents have a responsibility to contribute to their child's financial well-being, but the court isn't going to order a parent to pay half if he or she can't afford that.

Further, both parents may not be responsible for all of a child's expenses. Child Support is about covering the necessities in a lump sum. Things like food, clothing, rent or mortgage payments. There are plenty of things that aren't considered necessary expenses, or that are covered by orders separate from a Child Support order. There may be separate provisions for healthcare expenses, or extracurricular activities. Often times, when it comes to discretionary spending that the parents don't agree on (for instance, one parent feels it appropriate to buy the child a brand new car and the other parent doesn't agree), the parent who disagrees may not be responsible for any portion of the purchase.

Myth: Whether or not a parent pays Child Support determines whether or not he or she has a right to see his or her child.

Truth: The obligation to support your child and the right to spend time with your child are totally separate issues. A parent who puts his or her child at risk may be required to pay support, even though he or she is not allowed to see the child. Likewise, a parent who cannot pay support may have an order allowing him or her frequent visits. In the Probate and Family Courts, judges are looking at what is in the best interest of the child. Most of the time, this is the child having both of his or her parents in his or her life, making financial contributions at a level they can afford.

Continue reading "Family Law Myths Exposed" »

(CN) - An Arizona woman should not have lost her spousal support because her boyfriend stayed over once a week, the Arizona Court of Appeals ruled.

When Marc and Scarlet Chopin divorced in 2007, the decree called for Marc to pay Scarlet $2,500 per month, with the amount dropping to $1,000 in 2013.

The agreement called for the spousal maintenance to end if she lives with another man, with the exception of "A.R.," with whom both parties anticipated Scarlet would live.

Instead, Scarlet struck up a relationship with Robert Waddell. They were engaged through most of 2008 before the relationship ended.

Marc petitioned the court to end his spousal support on the basis of the new couple's co-habitation, which Scarlet denied.

The trial court and court of appeals agreed that the proper definition of "romantic co-habitation" was "living together and behaving as a married couple."

However, the appeals court ruled that the lower court improperly applied that definition to Scarlet and Waddell because they did not live together.

"Waddell testified that, during a six-month period, he spent one out of every six days at wife's house, Judge Daniel Barker wrote. "Husband presented no substantial evidence that Waddell spent more time at Wife's home."

Barker overturned the trial court's decision to halt Scarlet's spousal maintenance.

Continue reading "Ex-Wife With Boyfriend Wins Spousal Support" »

The Los Angeles County district attorney's office announced Monday that it has charged former Cincinnati Bengals running back Corey Dillon with two misdemeanors in connection with his arrest in April on suspicion of drunk-driving.

Dillon, who played 10 seasons for the Cincinnati Bengals and New England Patriots before retiring in 2006, was charged with driving under the influence of alcohol or drugs and driving while having a blood-alcohol level of .08% or more.

Dillon was driving north on Mulholland Drive near Malibu on April 21 when deputies with the Los Angeles County Sheriff's Department pulled him over to check the car's registration. Dillon was arrested after deputies said he displayed signs of intoxication and admitted to drinking earlier in the evening.

While awaiting charges in the drunk driving case, Dillon was arrested on suspicion of domestic violence but prosecutors declined to file criminal charges against the former NFL star, saying there was insufficient evidence to show that his wife, Desiree Antoine-Dillon, was injured at the couple's Calabasas home, officials said Thursday.

Dillon and his wife were arguing over their pending divorce and child custody when she called 911, saying she had been assaulted by her husband, according to a spokeswoman for the Los Angeles County Sheriff's Department.

Antoine-Dillon alleged that Dillon "poured milk over her head, threw water on her and poured soy sauce on her" during the dispute, according to the filing rejection released Thursday. She also told authorities she suffered "a superficial cut on her thumb."
She later told authorities that her husband never hit her and her injury was not caused by physical contact with Dillon. Antoine-Dillon also indicated that she did not want to press charges.

Continue reading "Former NFL star Corey Dillon charged in drunk driving case" »

District Attorney Jerry S. Moore announced last week that three face arrest for failing to appear and pay their child support at the Adair County District Court child support docket on June 2.

District Judge Mike Norman issued bench warrants for those who failed to appear. The three non-custodial parents for whom warrants were issued are:

--Steven Meskus, who owes $16,433.72 and for whom a cash-only bond was issued;

--Gary Smith, who owes and for whom a $2,547.80 a cash-only bond was issued;

--and Gerald Wyche, who owes $6,457 and for whom a cash-only bond was issued.

The district attorney's child support office asks that anyone with information about where these or other wanted persons can be located should call any local law enforcement officer for immediate arrest.

Other non-custodial parents whose cases are worked through Moore's Sallisaw Child Support Office paid a total of $72,099.98, so far, for the month of June.

Moore said, "The mission of the Office of Child Support Services (OCSS) is to enhance the well-being of children by establishing, monitoring, and enforcing reliable sources of support for families entitled to child support."

The Oklahoma legislature and the U.S. Congress has enacted law to allow the Office of Child Support Services to collect child support owed from non-custodial parents who receive payments from Social Security, Worker's Compensation, and personal injury settlements as well as regular employment paychecks.

Continue reading "Three face arrest for not paying child support" »

AFTER 33 YEARS of marriage, Martha McDowell's husband told her he wanted a divorce. He provided few reasons. They were trivial, and to her did not justify ending their union.

"He just didn't want to be married anymore," says McDowell, now 60. "But he was my best friend, and I expected to spend the rest of my life with him."

That was four and a half years ago. Today, McDowell, of Hayward, is a new woman. She is a grandmother and works for an arts college, a job she loves. She is active in her Fremont church, and says it was her faith that helped her deal with the emotional issues that come with late-life divorce.

"My commitment to forgive was the most important thing for me," she says. "I didn't want to become bitter, and I didn't want my bitterness to poison my children."

Couples divorce every day. Yet it is particularly surprising when a marriage of more than 30 years ends. Take the recent announcement of Al and Tipper Gore's split. As the news spread, we felt a collective sense of sadness. What were they thinking? Why divorce after 40 years of marriage?

Late-life divorce is relatively uncommon. Sociologists agree that most people who have been married for a long time are happy. Nevertheless, some couples still drift. Marriages of 40 years or more account for 4 percent of divorces, according to Andrew Cherlin, a Johns Hopkins University sociology professor who studies families. It jumps to 8 percent for marriages of 30 to 39 years, likely because these couples are closer to life's empty nest stage, when children are grown and out of the house.

Late-life marriages dissolve for the same reasons any marriage does. Sometimes, there is abuse. Or infidelity. More often, the causes are even simpler: They grow apart, develop different goals, or no longer feel fulfilled. Contributing factors to late-life divorce, in particular, include increased life expectancy and longevity and a social acceptance of divorce that did not exist a generation ago, according to Beverly Hills Family Law Attorney Steven Knowles of Knowles Collum LLP.

Given the large size of the aging baby boomer population, this is somewhat new territory for sociologists, like Cherlin. After all, from an evolutionary perspective, the institution of marriage was designed to help you raise kids and put food on the table, he says.

"Only in the past half century have we had people who live long enough that they are together for 20 to 25 years after child-rearing," Cherlin says. "This is a new stage of life, and we're figuring out what to do with it." It used to be the middle aged who asked themselves, 'What should I do with my life?' Now, 60-year-olds do, he says.

Fifteen years ago, Al W.'s wife of 36 years filed for divorce. She was a stay-at-home mother of four sons and once they were grown and out of the house with children of their own, she wanted her independence to focus on a business venture, says Al, a retired pilot who asked that his last name be omitted to protect his family.

"She needed something more in life than coming home to me," says Al, now 70 and living in Pleasanton. "In hindsight, it was devastating. We didn't have a perfect marriage but I certainly thought we had a better relationship than a lot of our friends who stayed married."

Besides the financial aspect of a late-life divorce -- "You're talking about (losing) half your retirement," Al says -- the most difficult part for him was coming home to an empty house. Al eventually remarried and now has a 10-year-old daughter, who was born when he was 60.

"It was kind of late to start over but I wouldn't trade it for anything," he says. "I'm extremely happy." He has also remained friends with his ex-wife.

Continue reading "The graying of divorce" »

NEW YORK STATE (WKTV) - New York State is said to be moving in the direction of no-fault divorce.

What does that mean to you?

Right now in Oneida County, if you are seeking a divorce, you're looking months ahead before even getting into a court room for a grounds trial - a legal journey that can an extremely long process.

Under the current divorce law, one spouse must take the blame for the split, even if both sides agree the marriage can't be saved. To get a divorce, one party must allege cruel and inhuman treatment or adultery or abandonment, or the couple must be legally separated for one year. By eliminating much of the specific criteria that couples must meet before a divorce can be granted, a no-fault divorce would speed up the legal process.

"This way it's not like a separation agreement," said Attorney Julie Giruzzi-Mosca. "But there's no dispute. (one side) wants the divorce, (another side) doesn't want the divorce...you're (still) getting the divorce. There's no trouble getting the divorce and then you're just left with the issues of the custody, such as the child support."

New York State is the last state to adopt a no-fault divorce law.

Governor Paterson is expected to support the bill if both houses of the legislature approve it. The senate has already approved legislation.

Opponents to the bill include the Roman Catholic Church, which objects to making divorce easier.

Continue reading "Pending approval, NYS could be last state to adopt no-fault divorce" »

With the growing popularity of social networking sites, couples who are experiencing marriage difficulties need to be aware that what they post on sites such as Facebook, Twitter, and MySpace can be held against them in a court of family law. Chicago's local ABC affiliate, WLS-TV, recently ran a news story discussing the growing reality that the information we post in cyberspace is just as real as any other information we choose to divulge. Reportedly, one couple's divorce, like many couples throughout the country, was the direct result of using a social networking site, which ultimately led to their separation after 26 years of marriage.

Interestingly enough, as a result of the social networking phenomenon, many Sacramento family law attorneys are finding themselves instructing clients on what not to post on social networking profiles, even if those profiles are supposedly private, non-public sources of information. According to the report, it is a good idea to approach social networking as you would approach supplying your local newspaper with information about yourself. That is, unless you're comfortable posting your personal information on the front page of a newspaper, you should be hesitant in posting that information on a social networking profile page.

In the article, clinical psychologist Dr. Erin Alexander reasons that "you may have individuals within the couple who have very different personal boundaries and don't mind sharing personal information but as it affects their partner, that's something that you need to reconcile and be on the same page about." Per fair warning, be careful about the information that you make public, because it may lead to complicated matters that can include divorce.

Continue reading "Social Networking Sites Cited in Divorce Court" »

For 17 years, Heather has been fighting for child support from her son's father.

Between medical bills reimbursements and child support, she is owed more than $180,000.

Because of her ex's violent nature when Heather's son was a child, she had to get several restraining orders. Her son has not seen his father since the child was very young.

Through the years, his father would pay off and on, but the last child support payment received was in 2005.

"I'm livid, so I've gone to the state's attorney's office," said Heather, of Morris.

She has exhausted every outlet, from the Department of Healthcare and Family Services to the Illinois Attorney General, and now is waiting and praying the Grundy County State's Attorney's office can file criminal charges against this deadbeat dad whose last known address is in Alabama.

"We are still investigating. I don't anticipate anything until mid-July," Grundy County State's Attorney Sheldon Sobol said.

In Sobol's time as state's attorney, he has never prosecuted a criminal charge involving child support. The deadbeat dad in question already has an outstanding warrant for his arrest, but he has not been caught.

"He appears to be the poster child (of a deadbeat dad) in Grundy County," Sobol said.

"This is the first time in nine years (a child support case for criminal charges) has come across our desks," he continued.

It can be difficult to file criminal charges in these cases because the state statute for criminal prosecution requires it be shown that the person has the ability to pay and is not. This can be difficult to prove, Sobol said.

But even before this step, the court system has to exhaust all efforts first, he said.

The courts work diligently with both of the parents to make payments doable and get child support on a schedule, he said.

"The goal is to make sure the kid is supported," Sobol said.

In Heather's case, that goal has been extremely difficult to reach.

According to the state, this is probably because of how often her ex relocates.

Continue reading "Dealing with a 'deadbeat' - Child Support Lawyers" »