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19 Oct, 2018
Many California parents benefit from mediation when working out custody issues during a divorce or break-up, and the same is true of celebrities like Angelina Jolie and Brad Pitt. The two stars are currently negotiating a custody agreement for their six children. They are working with an evaluator appointed by the court to review their custody situation. While the actors reached an interim custody agreement in the past, the divorce has been moving forward for over two years, since September 2016. Jolie, 43, hired a new divorce attorney in September 2018 to represent her interests in the split. The actress’ representatives said that she is working on “healing her family” and wants the children to have a reconciliation with their father. The current interim custody agreement was agreed to by Jolie and Pitt after the child custody evaluator made recommendations. According to Jolie’s representatives, Pitt has not paid child support since the separation and has not informally paid half of the children’s expenses since that time. Jolie is reportedly planning to seek a retroactive child support order enforcing Pitt’s responsibilities to provide for the children and pay for his share of their expenses. While divorce and custody mediation can be an important part of resolving a long-running celebrity divorce, it can also be helpful to couples with lower levels of wealth and visibility. In fact, mediation may control growing legal fees. The mediation process can help couples reach creative solutions for child custody, property division, spousal support and other key issues, especially proposals that would not normally be ordered by a judge absent the separate agreement of the parties. By going through a divorce mediation process, spouses can establish a fair agreement that respects both parties’ interests.
04 Oct, 2018
After a divorce, parents in California may share physical custody, or one parent might have physical custody while the other parent has visitation rights. In the former situation, the child would live with each parent for roughly an equal amount of time while in the latter situation, the child would primarily live with one parent but spend time with the other. Legal custody is separate from physical custody, and parents who do not share physical custody might still share legal custody. Legal custody refers to the right of the parents to make major decisions about the child’s life. This could include what religion the child practices, where the child goes to school and what kind of medical treatment the child receives. Sharing legal custody has advantages and disadvantages. It ensures the meaningful involvement of both parents in the child’s life, and it is an excellent arrangement for parents who are committed to collaboration. On the other hand, parents may struggle with effective communication or disagreements about how to raise the child. Parents who do run up against a disagreement they cannot resolve still have options. They may agree earlier on that a neutral third party can be turned to in these decisions, or a mediator may help them resolve the conflict. Courts may intervene, but usually only regarding major issues. In family law negotiation , whether a parenting issue needs to be resolved or parents are trying to reach an initial plan for child custody and visitation, mediation can be a valuable tool. The goal of mediation is to make sure both sides are heard, that conflict is resolved and that a resolution is reached that satisfies everyone involved. With mediation during the divorce process, parents may be able to establish a solid basis for co-parenting that can help them whether they only share legal custody or both legal and physical custody.
19 Sep, 2018
After Gwen Stefani and Gavin Rossdale got divorced in 2015, their three children mostly lived with Stefani in Los Angeles. This was because Rossdale was on tour with his band and fulfilled other professional duties in Europe. However, now that Rossdale is back, he wants more time with his children while their mother wants the kids to have a more stable living environment. It is said that she believes that the kids want to focus on their schoolwork and other responsibilities whereas their father wants to live a carefree lifestyle. The couple has resolved to engage in mediation sessions in an effort to resolve disagreements about parenting time. They also aim to resolve issues related to how the kids are raised. Since the split, Stefani has moved onto a relationship with Blake Shelton, and it is said that the children enjoy having him around. Parents who are unable to agree on how their children should be raised may feel frustrated or upset about the situation. While it may be tempting to make decisions based on hurt feelings, it may be best to speak with a neutral party to find a solution to the problem. A mediator can act as that neutral party, and his or her role is to make it easier for both sides to express their feelings in a healthy manner. An agreement on issues ranging from a child’s upbringing to how much time each parent spends with a child could be reached through mediation. In some cases, it will take multiple sessions to resolve one or more issues. Agreements may be reviewed by a parent’s independent legal counsel prior to being signed. However, once they are signed, agreements reached through mediation are generally binding.
04 Sep, 2018
Even for affluent California couples working their way through the trials and tribulations of a divorce, establishing two separate households can be a daunting financial task. All too often, it is the woman whose financial future looks bleak, but this doesn’t have to be the case. In what has been termed the divorce gap , divorced women’s incomes tend to fall while divorced men experience a rise in their income levels. There can be various reasons for this pattern, but one way to offset the income disparity is for a divorcing woman to acquire a significant asset or assets in the property settlement of the divorce agreement. In particular, it is often important for the woman to acquire a home. For many reasons, but especially if the marriage has produced children and the wife is awarded primary custody, the wife often gets to keep the family home. Unfortunately, the family home comes with a high overhead. This can be difficult to keep up on, especially in consideration of the aforementioned income gap. If the sale of the family home is ultimately inevitable, many financial experts recommend selling it sooner rather than later and acquiring a more suitable and affordable home. Divorce mediation can be a useful tool in achieving an equitable settlement. A mediator acts as a neutral third party to work toward a mutually agreed upon divorce agreement that covers property division and other areas such as child custody, visitation and spousal support. Divorce mediation is a form of collaborative law that allows the parties to reach agreement, often with a lower cost and greater satisfaction.
24 Aug, 2018
California residents and others who wish to use the current rules regarding alimony payments need to finalize their divorces by the end of 2018. Starting on the first day of 2019, alimony payments are no longer tax deductible. Those who receive them will no longer consider the payments as income. The change in the tax code could present unique challenges to those who have prenuptial or postnuptial agreements. There is no clear answer to the question of whether such an agreement would be grandfathered in under the old law. If it isn’t, those who are paying alimony may want to review their current agreements and make any changes now as opposed to taking a chance later in court. This is because they may want to consider paying less alimony as their payments are not offset by a reduced tax bill. Ideally, a couple will review an agreement while the relationship is in good standing as it can be easier to negotiate new terms. Furthermore, a couple should approach renegotiating a prenuptial agreement with the goal of preserving their current relationship. This may be done by working with a mediator as opposed to attempting to make changes on their own. A mediator is someone who will help two people focus on overcoming their differences as opposed to getting bogged down in conflict. Working with a mediator may make it easier to come to an agreement as it relates to alimony payments or similar issues. It may also make it possible for a couple to preserve its relationship by involving a neutral party. If an agreement is reached, it is worth having the document reviewed by an attorney prior to signing it. In some cases, it takes multiple meetings with a mediator to resolve all outstanding issues.
09 Aug, 2018
Parents who get divorced in California or any other state need to work with the child’s other parent to raise their son or daughter. While this can be challenging, parents need to work together for the sake of their children. Generally speaking, noncustodial parents should be given an opportunity to have an active role in their son or daughter’s life. With some careful planning, it may be possible to create a consistent parenting schedule. Such a schedule can help the children because they need stability in their lives. Creating a calendar that lists where a child should be and when can help ensure that the plan is executed properly. Ideally, it will be in a place where the child can see it so that everyone is aware of the plans. Parents should be sure to keep their disagreements between themselves. Children should never be expected to be put in the middle of a dispute. They should also never be asked to deliver messages to the other parent. Refraining from doing so can help a child feel more secure and allow that child to develop quality relationships with both parents. As a general rule, parents should aim to communicate effectively and to act as civilly as possible when they need to interact with each other. Individuals who choose to get divorced may be able to settle their differences with the help of a mediator. A mediator should act as a neutral party who seeks input from each party to the divorce. Generally, mediation costs less to help settle a divorce in less time. However, if necessary, a person going through a divorce might need to settle it through litigation, and an attorney may be able to represent that individual’s interests.
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