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Child Custody Modification in California: What You Need to Know

May 10, 2022March 10, 2022 by wpadmin

Life is never predictable, and as your children grow, their needs change with unexpected circumstances that affect everyone in the family. Certain court orders are able to be modified by California courts, even after a final judgment has been made. Common areas for post-judgment modifications are child custody, visitation orders, child support orders, and spousal support orders. In order to modify child custody, parents have to account for the change of circumstances and be able to prove how a child custody change could benefit their children.

Common Reasons for Child Custody Modification

Judges will allow modifications for a child custody order for the following:

Child’s needs have changed
The child is in physical, emotional, psychological, or sexual danger
One or both parents’ situations changed
Non-custodial parent’s work schedule changes
Non-custodial parent has moved closer to the other parent
The child wishes to live with or spend more time with the non-custodial parent
One parent needs to relocate
One parent acts irresponsibly (such as not getting their children to school on time, abusing drugs or alcohol in front of the child, etc.)
One parent refuses to follow the original child custody order

Filing for Child Custody Modification

Seeking modification of child custody and visitation orders at any time, if you are able to show the court that a significant change in circumstances has occurred since the first order was made. You will need to show how the modifications can improve your child’s life, and prove that these improvements are in the best interest of your child. You may modify a child custody order at any point until the child turns 18. Typically the parent who wants to modify the order will make the request with help from an attorney.

Steps in Modifying Child Custody in California

Filing court forms: A Request For Order form, and optional Child Custody and Visitation form are made to begin the child custody modification process. In these forms, explain why it is necessary to change the existing custody order. In the optional form, the filing parent should detail information about future visits, holiday arrangements, and other scheduled visitations for the judge to consider their order.
Having forms reviewed by a trusted lawyer: Family Law attorneys will ensure your forms are filled out correctly. Parents also can hire a lawyer for legal advice and assistance through their claim.
Make copies of all court forms: Each parent should receive their own copy of the original court forms that will be given to the court.
Filing forms with the court clerk: A court clerk will stamp the two copies, and keep the original document to be filed. Filing costs with a clerk usually range from $200-400. A fee waiver can be given if a parent is unable to afford the fee.
Receiving mediation or court date: The court clerk will provide the court date, and a parent may have to meet with a mediator prior to said court date.
Serve papers to the other parent: You are able to hire someone over the age of 18 to serve the papers to the other party. Attach a blank Responsive Declaration to the Request for Order, and also check Form FL-300 to notice if there are any additional documents that need to be served. Your attorney will let you know if any paperwork must be served in person, or if a parent can be served by mail. Service of process is to be completed 16 days before the court date, or 21 days when served by mail.
Filing Proof of Service: Whoever is serving the court orders will need to complete a Proof of Personal Service form, and give it to the parent to file at the court. If the process is served through mail, the server will need to fill out a Proof of Service by Mail form.
Attend mediation or court: Your local court might require both parents to attend the mediation. If an agreement isn’t reached in mediation, both parties will need to settle their dispute in court. You and your attorney will need to bring copies of all filed forms to court.
Post Court Proceedings: Once your request for modification has been approved, the judge will sign a court order. A courthouse clerk or staff will then prepare the document for the parent who requested a hearing. If either party had any legal assistance, their lawyer will prepare the document.

Kern County Family Law By Your Side

Having a trusted attorney to guide your decisions and process paperwork needed can make things easier and more streamlined for you, which is especially desired when it comes down to the future of your children.

At Azemika Law, we’re here for you with our practice devoted to family law for 28 years. We efficiently handle cases involving divorce, dissolutions of partnerships, child custody and visitations, abandonment, and adoptions. Serving all of Kern County, we want you to have the opportunity to make informed decisions from the best position possible for your future.

Everything You Need To Know About Adult Adoptions

March 8, 2022February 28, 2022 by wpadmin

When we hear about adoption, we immediately think about the adoption process for children. Less talked about, and less common, is adult adoption. Adult adoption happens most typically when step-parents adopt their spouse’s adult children, but we also see cases where families are reunited later in life and want to legalize their rekindled relationship, or can occur if someone needs care with a disability.

Adult adoption doesn’t give the same legal rights as when adopting a child, due to the adoptee being able to legally make their own decisions, but adult adoption has its own benefits.

What Is Adult Adoption?

Adult adoption is when one adult is adopted by another adult, which legally terminates the parental relationship with the biological parent. In California, the adult adoptee must be 18 or older, and at least 10 years younger than the adopting parent. Everyone involved, including spouses, will have to agree to the adoption in writing.

An adult adoption establishes all the legal rights and responsibilities between parent and child, which can include things like organizing next of kin, who holds power of attorney, and other legal requests. Once the adoption is completed, the birth parents no longer carry any of the parental duties, rights to, or responsibilities over the adult adoptee. If desired, the newly adopted adult may take on their adoptive parent’s last name, and have their birth certificate amended once the whole process has been completed. Adult adoption does not change any immigration status.

How Do You Adopt an Adult?

When adopting a minor, the consent of both biological parents is required. While adopting an adult, the only consent needed is from the adoptee themselves, and potentially their spouses. There are a few required documents for adult adoptions in California:

Adoption agreement: A document that states the parties agree to assume the legal relationship of parent and child, and have all the rights and are subject to duties of that relationship
Petition for approval of the adoption agreement: A formal request that the court approves the adoption agreement. This document includes specific details pertaining to the relationship of the child and parent, and why the adoption would be best for both parties.
The order of adoption: A formal court order granting the adoption, which should be brought to the adoption hearing to be signed by the judge.
Spouse consent: If either parties are married, consent from their spouse(s) is necessary

Adult adoptions are finalized at a hearing in front of a judge. The judge considers a number of factors, and decides based on the best interest of all parties involved. Adult adoption hearings can be made easier when represented by an attorney who has experience navigating adult adoption law and can help avoid any unforeseen circumstances in filing, or in court.

Reasons for Adult Adoption

There are a few reasons adult adoption happens, and can be beneficial to everyone involved in the relationship.

Legal inheritance can be difficult if there is not a legal relationship between the parent and child. Formalizing the relationship makes the process smoother, less likely to be challenged, and easier to manage under law terms.

Caregivers of adults who have any mental or physical disabilities may adopt to be able to make decisions legally when an adult is unable to care for themselves. Sometimes biological parents are unable to continue caring for their child, and having another caregiver adopt can make legally providing care easier. Other times, maybe an aging parent needs to let their child make important healthcare decisions. This lets the caregiver make legal decisions for another adult that isn’t capable of doing so.

Foster care situations where a family has fostered a child and have formed a bond, once that child is a legal adult they can legally recognize that relationship. This is beneficial for any children who grow out of the foster care system but don’t wish to return to their biological family.

Older siblings who have cared for their younger siblings and assumed the position of parental responsibility can formalize their relationship by adopting, and make legal situations easier in the future.

Reuniting with a biological family happens when adult adoptees who were adopted as children seek out their birth families, and the biological family chooses to formalize their relationship. This makes the biological family legally their parents again.

Working With an Attorney for Adult Adoption

When you wish to strengthen the bond of your relationships with an adult adoption, our attorneys at Azemika Law can help. We efficiently handle cases involving divorce, dissolutions of partnerships, child custody, abandonment, and adoptions.

Serving Kern County for the past 28 years, we provide all of our clients with knowledgeable and affordable representation. We are family law specialists and we understand that each case is as unique as the clients we represent.

For comprehensive representation in the adoption process, contact us today.

Getting Married? Here’s How To Protect Your Assets Without A Prenup

March 8, 2022February 20, 2022 by wpadmin

While discussing what might happen after your relationship potentially comes to a halt might not be the most romantic topic, it doesn’t mean it shouldn’t be talked about. Preparing for a wedding can be exciting, and planning ahead for your futures together is an equally important step prior to your big day. Prenuptial agreements are great for those seeking to protect their assets in case of a divorce, but there are still ways to protect those assets without one.

Preparing Your Futures Together

Prior to starting a new life together, it’s important to take a look at what you and your partner are bringing to the marriage financially, including both the individual’s assets and debts. If your partner has debt, when you combine your assets together, your assets are now accessible by your partner’s creditors. Going through all this might feel very personal, but having this conversation will only benefit the both of you later down the road in handling and maintaining your assets, in a successful marriage or not.

Separating Finances

If you had an account or funds prior to your marriage, and want to keep that account as separate property, it’s vital to keep those funds separate from your partner’s. If you co-mingle these funds, they become marital property which is susceptible to being divided by the courts or by creditors. By opening a new joint account together and depositing shared funds in it, you’re able to use this account for any finances as you continue forward in your marriage, without risking any of the funds in your pre-existing personal account(s).

Consider a Post-Nuptial Agreement

Maybe you and your partner are already married and you’re interested in protecting your assets moving forward. Considering this agreement doesn’t automatically mean someone is looking for divorce, there are plenty of reasons one can wish to define their assets clearly. Parents of children from previous relationships or marriages might want to make sure that their children’s inheritances are protected in case of divorce. Legal troubles, inheritances, lottery winnings, significant increase in salary, and other life occurrences can also lead to protecting certain assets against uncertainty in the future.

Keeping Real Estate Separate

Regardless if you and your partner are both sharing a new home together, if the home is in your name, you should take care of payments using that account that is solely yours. When filing taxes later, your accountant will prepare them separately using your name and the funds from your separate account. While basic maintenance for your place can use funds from the joint account you share with your spouse, any renovations that increase the value of your property should come from your account to show that the increased value is for your individual property, not property shared with your partner.

Create a Revocable Trust

By putting funds in a revocable trust, you have an added layer of protection, and will be able to manage said funds in the duration of your marriage. This kind of trust involves a trustee, a third party that is responsible for managing these funds. Putting pre-marital funds into a trust also removes the risk of commingling funds later which can eliminate claims protecting your personal assets.

Document Everything

The most effective way to protect your assets without a prenup is documenting everything clearly. Organizing and keeping important records from the very beginning of your marriage can be helpful later when you observe things like retirement funds or other bank accounts collected prior to your commitment. If either you or your spouse are business owners, it is important to get a valuation of your business before your marriage. Keeping record of your business’ value before appreciation can be beneficial in the event of divorce, keeping you protected from having any of the current value of your business be threatened. The more records you have of which property is non-marital property, and the purchases and bills surrounding that property, the better your case later in keeping that asset separate.

Consider Professional Advice

Having these conversations can be a challenge, and having a trusted attorney as a third party to offer insight with your assets and accounts can avoid tension, and keep your future planning professional rather than personal.

At Azemika Law, our practice is devoted to the field of family law. We efficiently handle cases involving divorce, dissolutions of partnerships, child custody, abandonment, and adoptions. Serving Kern County for the past 28 years, we provide all of our clients with knowledgeable and affordable representation.

We understand that while marriage is an exciting new chapter in your life, making decisions for the future can be a lot to unpack.

Who Keeps The Pet In A Divorce Under California Law?

March 8, 2022February 10, 2022 by wpadmin

Pets have always played important roles in our family lives, and that makes for a complex situation when a marriage ends. While it may be difficult in your divorce to determine who gets your furry loved ones, there are rules set in place that ensure the best care for your animal family member.

Family, Not Property

Prior to 2019, California courts applied the state’s property division laws to pets when ruling divorce cases, which treated pets like any typical inanimate object. Now, with California law AB2274, that changes how pet animal ownership is handled. Judges listen to both sides, and decide custody based on the best interest of your pet, similarly how child custody is determined. Having clearer guidelines for how custody is determined ensures that the pet is going to a loving, stable, and safe environment, rather than ending up with a negligent owner.

Pet Custody Factors

If you wish to win sole custody of your pet, you and your lawyer will have the opportunity to state your case in full ownership. This law applies to pets that were acquired during the time of your marriage, and only applies to animals that are kept as household pets. If one person entered the relationship with the pet, it’s no longer treated as community property, and will go to whoever was the original owner.

A judge considers several factors when determining who will be given custody:

Who takes primary care of the pet?
Who originally purchased or adopted the pet?
Who typically exercises the pet?
Who’s name is registered as the owner?
Which household can accommodate the pet with appropriate space?
Who has taken care of veterinarian visits and expenses?
Who is the pet more emotionally attached to?
What is best for the pet overall?

Solutions in Co-Ownership

The divorce itself is already a stressful situation, and sometimes co-ownership isn’t an option depending on where your relationship lies. Looking at your motivations of keeping your pet is important to consider. Having custody as means of retaliation, over actually caring for the pet and its’ affection, could make this decision much more difficult for both parties. Bargaining other assets in exchange for the pet can be a way to cut ties more smoothly, but overall the best interest for your pet would hopefully be the deciding factor.

While it’s typically the last option, 27% of pets are rehomed or given away for family matters like divorce, so many responsible owners make attempts in caring for the pet together, but separately. Operating through co-ownership allows both sides of the family to happily conduct time with their pets, and as long as it’s healthy for those involved, pet sitting and visits could be a potential solution.

In some cases, it’s best for the pet to stay in one place, having one partner being the primary caregiver, then able to establish visitation rights. Remember that some animals are creatures of habit, so picking a routine that works well and consistently is an important consideration when making a decision to share them. Deciding how pet expenses will be split between the two of you from the beginning will be helpful to adhere to in the future.

There isn’t always an easy solution that you and your ex can come to, and considering hiring a mediator can be helpful to alleviate emotionally charged arguments when coming to a final and fair arrangement.

Potentially Losing Your Pet

Giving up a pet in divorce is a painful thing to go through. While going through this grieving process, you might want to rush to adopt another pet, but allow yourself time to feel, and maybe consider talking to a life or divorce coach. If you’re able to, there are plenty of rescues and shelter groups that love to give the opportunity to foster animals in need of adoption. Volunteer work for animal shelters, or other nonprofits, can also give you some time to be around animals without having to fully commit to owning another furry friend. Remember that time will help heal the pain in your loss, but surrounding yourself with friends, family, or loved ones can truly make that time a little easier.

Seeking Legal Help

Experiencing any life-altering change can be a difficult and emotional time, and having a trusted attorney to offer insight with your custody battles or case issues can offer peace of mind.

At Azemika Law, our practice is devoted to the field of family law. We efficiently handle cases involving divorce, dissolutions of partnerships, child custody, abandonment, and adoptions.
Serving Kern County for the past 28 years, we provide all of our clients with knowledgeable and affordable representation. We understand that divorce is a crucial time for important decisions.

California Divorce and Inheritance: What You Need to Know

February 9, 2022January 30, 2022 by wpadmin

One of the most often misunderstood aspects of divorce proceedings is the division of property and assets. California law simplifies it somewhat by dividing a couple’s property into two categories: separate property, which an individual owns, and community property, which is owned by both parties equally. But where does your inheritance fit into the picture?

Generally speaking, anything you acquire while married becomes community property. So does that mean that being named in or receiving inheritance during a marriage requires it to be split should you divorce? It can seem like a confusing issue at first, but it doesn’t have to be.

In this blog post, we discuss the issue of how California divorce laws treat inheritance. We’ve also detailed some unique circumstances that could lead to unexpected decisions.

How Does California Treat Property During Marriage?

How the law treats a couple’s property varies from state to state, but California keeps things rather simple. The short version is: generally, anything you owned before the marriage remains yours, but anything acquired during the marriage is considered joint property. When it comes time for divorce, joint property (or its value) gets split as evenly as possible.

What surprises some people is that the definition of property is pretty broad in this context. Besides physical objects, any wages, bank accounts, and investments also fall under this umbrella. Unless an agreement is reached beforehand or during divorce proceedings, both people legally own these things.

There is also the issue of commingling. Commingling occurs when one spouse helps the other with a separate property financially (such as making car payments). When this happens, the separate property becomes community property. Again, there’s no room for doubt who owns what if you keep documentation.

What Does Inheritance Fall Under?

Looking at the summary above, you could make a reasonable argument that inheritance received during the marriage becomes community property. However, it’s one of two property types exempt from community rules (the other being gifts). Therefore, unless it names your spouse (either specifically or as a family), they have no legal entitlement to it.

However, there are two unique situations where this isn’t always the case. Though California law is otherwise precise in handling divorce, these scenarios create murky entanglements with no simple resolution. If you can apply either of these cases to your inheritance, the issue may come down to a judge’s decision.

Commingling Inheritance

What you choose to do with your inheritance could change it to community property. Such a problem occurs when your inheritance is a sum of money. If you keep it in a separate bank account owned only by you, it will remain yours, and there will be no issue.

However, it becomes commingling if you put that money in a joint account. If there’s no other money in the account, its shared nature still gives your spouse legal access, making it co-owned. If there was pre-existing money in the account, telling where one sum ends and another begins is almost impossible.

Your inheritance can also become commingling if you choose to use it (in part or whole) to buy community property, such as a vehicle or real estate. You can argue that a set amount is yours with a shared account, though this tactic isn’t usually very successful. However, once you’ve spent the money on community property, those funds are no longer separate.

Transmutation

You can decide to convert your inheritance into community property at any point in your marriage. Your spouse will then have co-ownership, and if they still have it by the time of the divorce, a judge will divide it. The co-ownership overrides the original terms of inheritance in all circumstances.

Transmutation isn’t something that will spring up and surprise you, so you don’t need to protect yourself against it. However, some people have the mistaken notion that the start of divorce proceedings will nullify such co-ownership agreements. Therefore, if you’re thinking about divorce, it’s in your best interest to change these agreements beforehand, if possible.

Let Azemika & Azemika Guide You Through the Divorce Process

You know now how to protect your inheritance, but what about other aspects of your divorce? It can be an incredibly stressful experience for anyone. How do you navigate the situation without making costly mistakes?

With the help of Azemika & Azemika.

Our law firm is solely devoted to the practice of family law and is uniquely suited to help you with your divorce, custody disputes, issues with alimony and child support, and more. With a combined 56 years of experience, our partners dedicate themselves to serving people like you in the greater Bakersfield area. Contact us today to put the power of expertise on your side.

Can a Woman Pay a Man Alimony?

February 9, 2022January 20, 2022 by wpadmin

Alimony can be a topic of contention for many people, especially for the spouse who has to make the payments. Most alimony recipients are women, but what about men? Can a woman pay a man alimony?

Spousal support payments generally go to women, but that’s not always the case. Sometimes, men can request and receive alimony payments from their ex-wives. What does this mean for couples divorcing in California?

Whether you’re a man seeking spousal support from your ex-wife, or a wife wondering if your ex-husband could ask for alimony, we can help.

Can a Woman Pay a Man Alimony in California?

Alimony payments are determined based on each spouse’s financial situation. This means that in many divorce cases, the man could be financially worse off than his ex-wife, and therefore he would be eligible to request spousal or partner support payments.

Alimony is designed to make both parties’ financial situations more equitable after a divorce. If one spouse earns a great deal more than the other, the lesser earning spouse may request alimony payments to help them financially after the divorce.

At one time, men were primarily considered the breadwinners in most families. However, today many women earn more than their husbands, and in the case of a divorce, they may find that their ex-husbands are eligible to request alimony.

Why Don’t More Men Ask For Alimony?

If alimony is an option for men in California and other states, why don’t we hear about more men receiving alimony payments? Men often don’t receive alimony payments because they don’t ask for them.

Gender stereotypes may make men feel somehow inadequate for asking for alimony payments. Seeking spousal or partner support one’s your ex-wife may feel somehow emasculating for some men. Men don’t want to be seen as weak or lesser than their ex, but this isn’t a fair assessment of the situation.

Family courts may also have a bias towards women regarding alimony. Men may have to prove that they deserve the financial support, and the courts may closely scrutinize their work efforts and financial situation before alimony is awarded.

Whether it’s pride or gender bias that prevents men from seeking alimony, the bottom line remains the same. Men can certainly ask for alimony payments in California, but they should be prepared to have their finances scrutinized during the process.

Are You Likely To Qualify for Alimony?

Alimony is designed to help balance out the financial aspects of a divorce. Even if one spouse earns far more than the other during a marriage, it is assumed that both spouses have equal access to the money.

If one spouse earns far more than the other during a divorce, the other spouse may seek alimony payments. If one spouse gave up their job to take care of children or the home, the stay-at-home spouse might seek alimony in the case of a divorce.

Not too long ago, women were the ones who primarily gave up their jobs to stay home and look after children. Today, more and more men are choosing to postpone their careers so that their spouses can pursue higher aspirations. This means more men are staying home with children and putting themselves on an uneven financial footing with their wives in the event of a divorce.

If you gave up your job or the chance to grow in your career so that your spouse could earn more money, you might qualify for alimony payments. If your career suffered during your marriage, you might be eligible to receive alimony payments. The best thing you can do in either of these cases is to seek the assistance of a skilled family law attorney to handle your divorce.

Let Azemika Law Help You Navigate Your Divorce

Divorce is challenging in many ways. Emotions run high, and it can be difficult to see why spousal support payments need to be made. But too often, one spouse leaves a marriage with more financial security than the other, and in order to make things fairer for both parties, alimony is the best solution.

It can be easy to let pride get in the way when it comes to divorce, but if you qualify for alimony, it could help you get back on better financial footing after your marriage has ended. Whether you’re a man or a woman in the position to receive alimony payments, the best way to ensure that you are treated fairly is to hire a skilled attorney to help you navigate your divorce.

Azemika & Azemika understand that divorces and alimony are stressful and often confusing. We are devoted to helping our clients with every aspect of family law, from divorce and spousal support to child support and custody issues. Contact us today to discuss how we can help you with your family law needs.

What to Know About Military Divorce in California

February 9, 2022January 10, 2022 by wpadmin

Marriage and divorce are both common experiences in the United States — and around 50% of married couples will end up divorcing. And while that number may seem quite high, did you know that when it comes to divorce in the military, combat veterans are more likely to get divorced than to actually see combat? An estimated 62% of combat veterans’ first marriages end in divorce. Moreover, female enlisted soldiers have more than double the divorce rate compared to female officers.

Divorce is hard enough to navigate for any couple seeking dissolution, but when a military couple decides to get a divorce, there are extra challenges that can add more complexity and even more stress to the process. State and federal laws as well as military regulations can govern aspects of your case you may not know about. Let’s take a closer look at military divorce as it pertains to the state of California and how one can navigate divorce while in the service.

Grounds for a Military Divorce in California

The military divorce laws in California can be quite complicated and may be difficult to parse and understand on your own, so it is highly advised to hire a divorce lawyer who has experience dealing with military divorces.

No matter the status of either spouse, be it active duty, retired or in the guard or reserve, you can be impacted by a military divorce. California is also a no-fault state, meaning you cannot use adultery or desertion as grounds for divorce, though sometimes these reasons can be brought up for consideration during child custody hearings and when dividing up assets and property.

The grounds for filing for a divorce in California are similar, no matter if you are filing for a military or civilian divorce. These grounds include:

Irreconcilable differences. Citing irreconcilable differences means that the end of the marriage was not the fault of one party in particular and there is no specific reason.
Permanent legal incapacity of one spouse. This is when one spouse is proven to be clinically insane. To file this way, you must provide the court with a support order showing proof.

Before Filing for Military Divorce

Make sure to take these issues into consideration before starting your divorce as they may serve to complicate the proceedings. Speak with an expert California divorce attorney if you need help with any of the below issues.

Residency Requirements

A military spouse must file the proper divorce papers where the service member is stationed or the state where they are currently a resident. If you want to file for divorce in California, then one of you must either reside or have a station in the state.

Military Spouse Deployment

If you file for divorce while your spouse is deployed or on active duty for an extended period, then the rules for divorce are different. Having a spouse that is actively deployed can complicate the process of serving and processing a divorce.

The Servicemembers Civil Relief Act (SCRA) protects active-duty military members from civil judicial proceedings, which includes divorce papers and summons. In a normal civilian divorce, if a spouse ignores the summons, they default and get no say in asset division or child custody, but active service members in the military who can’t respond due to being on active duty are not subject to that default because of the SCRA.

Property Division

Military divorces follow the same rules that civilian divorces do as far as property division is concerned. Since California is a community property state, generally, all property and debt acquired over the course of the marriage is considered joint property and will be divided equally.

Spousal Support

Much like a civilian divorce, whichever military spouse earns more than their partner can be ordered to pay alimony. Just like in civilian divorces, a military spouse who earns more than their partner can be ordered to pay spousal support during the divorce proceedings. The amount is determined by a judge using factors such as:

Length of the marriage
Financial needs of both spouses
The dependent spouse’s level of education
The health and age of each spouse

The general rule of spousal support is that it can’t be more than 60% of the military spouse’s pay. If the couple has been married for less than 10 years, generally the alimony will only be paid for the time that is equal to half the length of the marriage. There are exceptions to this rule, however.

Child Custody and Support

California does not discriminate when it comes to military parents who are on active duty when it decides on child custody. If one of the military parents is deployed, it will not change the custody order or visitation schedule. It is best for military families with small children to try and settle their differences with an uncontested divorce to make custody issues easier since deployment and active duty are factors they must deal with.

Filing Procedure for Military Members

The filling process for a military divorce is as follows:

Gather all of the documents pertaining to the divorce petition and fill them out. It is advised to have an attorney look over these documents before they are filed to ensure they are accurate.
Once filled out and signed, you pay the appropriate filing fee at your local superior court.
Serve your spouse with copies of the divorce petition and summons for the dissolution of the marriage. A friend, relative, sheriff or process server must deliver the papers on your behalf.
Have your spouse sign the papers and send them back within 30 days.
If a spouse opposes terms in the divorce documents, it is best to speak with your divorce attorney on the appropriate next steps.

Protect Yourself By Hiring An Attorney

No matter how amicable you think your divorce is or will be, there are still situations that could arise and cause conflict. Negotiation, separation of property, child support, and alimony all play significant parts in any divorce. Avoid costly mistakes that could have severe impacts on the rest of your life.

At Azemika & Azemika, our law firm is exclusively devoted to the field of family law. We handle military divorce cases, dissolution of domestic partnerships, child custody, visitation, child and spousal support, paternity, abandonment, and adoptions. Our partners at Azemika & Azemika will put their expertise to work for you and make sure your case is customized to your needs. Contact us today for your free case evaluation.

Can Children Choose Which Parent to Live With in California?

January 7, 2022December 30, 2021 by wpadmin

There’s no denying that divorce is hard on every family member, but it can be especially difficult for any children involved. Child custody and visitation agreements can feel stressed or awkward, especially when the child doesn’t feel like they have a say in these new arrangements.

In California, family courts consider many factors when deciding which parent may be awarded primary custody. One of the factors that judges consider is the child’s preference, but it’s not the only or even the most important factor.

Whether you’re going through a divorce in California or trying to figure out the best custody arrangements, you need to understand just how much bearing your children’s preferences will have over the matter. Today, we will cover a breakdown of how children’s opinions of which parent they want to live with may shape the outcome of your child custody agreement.

Does a Child’s Parental Choice Affect Custody?

The answer to whether or not a child’s parental choice affects the custody agreement is, it depends. The family court judge will listen to the child’s opinion given that they are of sufficient age to express an intelligent opinion on custody or visitation, but ultimately, the court’s decision will be based on the child’s best interests.

Whenever possible, courts opt for shared custody, which has shown to be the least stressful for children. However, shared custody is often not a viable option, and a choice has to be made.

Children may have firm opinions about living with one parent or another, but if there’s any doubt that the preferred parent will be the best choice, the child’s opinion may hold little weight in the final decision. Every situation is unique, and ultimately the courts will strive to place the child with the most suitable parent to meet the child’s needs.

When Does a Child’s Preference Matter?

Just because a child prefers to live with one parent over another, it doesn’t mean that the judge will award custody to that parent. For a child’s preference to matter, the child must be of sufficient age and ability to express an intelligent opinion about which parent they would prefer to live with.

In California, the law allows children age 14 and up to express their parental preference to aid in determining custody. However, no matter the child’s age, a judge will consider their preference in evaluating the overall suitability of the custody arrangement.

Keeping the Child’s Best Interest in Mind

Just because a 14-year-old may have a preference for one parent over another, it doesn’t mean the judge will automatically grant that parent custody. Children and teens can be emotional and rebellious, so family courts consider many factors when assigning custody.

If a child states a preference to live with a parent who is ‘less strict,’ it won’t automatically mean the child’s preferred parent will be given custody. If there appears to be parental pressure, or if the child’s preference is intended to alienate one parent, a judge may not consider the child’s preference in the ultimate custody decision.

Sometimes, a child may prefer a parent who cannot take care of the child or who might be abusive and threatening. Children may feel a sense of duty to one parent over another, despite their preferred parent being incapable of caring for the child.

All of these situations are difficult, which is why multiple factors are considered before custody arrangements are made.

Do Children Have To Testify Their Preference?

While the courts may allow a child to testify their preference before their parents, it’s not necessary. If the child is very young, or if a great deal of emotional pressure is put on the child, they may express their opinion to their family lawyer or even speak with the judge’s chambers, away from the parents.

Every situation is unique, and the judge will try to find the best way to ascertain the child’s preference without putting undue stress on the child. This may even happen during family mediation or in another setting outside the courts, such as a child interview center.

What if You Disagree With Your Child’s Preference?

Most parents want what’s best for their children, but it can be devastating for a parent to hear that their child prefers to live with the other parent. Ultimately, custody is granted based on what is best for the child, but this doesn’t make it easy for the parent who won’t be living with their child.

Stability is essential for these custody arrangements, but as children age, circumstances may mean that these arrangements need to be altered. Custody agreements are not set in stone, and they may be changed if the courts decide that situational changes warrant adjusting the custody arrangement.

Let Azemika Law Help You With Your Custody Determination

When facing a custody battle, you need the best representation possible — a lawyer that knows the judge and court as well as one who can help you fight for your rights as a parent who wants what is best for their child.

Azemika & Azemika Law in Bakersfield has helped families navigate divorce and child custody cases for more than 30 years, providing strong trust behind their legal guidance.

For a family-oriented firm at an affordable cost, contact Azemika & Azemika Law today.

How Do Contested and Uncontested Divorce Differ in California?

January 7, 2022December 20, 2021 by wpadmin

When a couple makes the decision to get divorced, the very first choice they must consider is if they can come to an agreement on terms or pursue a contested divorce in court. This includes asset and debt splitting, child support and custody and whatever other property they have to divide.

In the state of California, if the couple is able to work together and come to an agreement about asset splitting, then their agreement is said to be uncontested and will result in a much shorter, less intense affair when it comes to attorneys, the court and figuring out who gets what. If the couple cannot agree, then it will be moved to the contested category and a whole new set of actions begin.

Because going through a divorce can be much more difficult than many think, it is not uncommon for uncontested decisions to become contested in the blink of an eye. Because of this, it is good to have the help of a skilled California divorce attorney, as well as know more about the terms, yourself. This article will explain the main differences between the two options and discuss how they can affect the cost and duration of the divorce and its proceedings.

Difference Between Uncontested and Contested Divorces

On the surface, both of these types of divorces seem quite simple and in some cases, they can be quite cut and dry. Most times, though, high emotions, complicated assets and child custody disagreements can get in the way of an uncontested divorce.This is why it is especially important to have a knowledgeable attorney by your side throughout the process.

An uncontested divorce means that both parties have agreed to all the aspects of their asset divisions and separation before going to court and getting the divorce filed and going before the judge.

A contested divorce means that neither party can agree on terms, and must have their case mediated or heard by a judge in court. Court hearings and trials are needed in the cases where the parties cannot agree on terms of divorce. It is definitely advised to get a divorce attorney to help protect you and your assets, such as:

Child custody and child support
Division of property
Division of assets
Debts
Alimony/spousal support

Uncontested Divorce

Since an uncontested divorce means both parties agree to their own stipulations, it’s a much simpler process. The divorce is agreed upon and mostly done out of court. With an uncontested divorce, you rarely even go in front of a judge unless children and child custody is involved. If children are involved, the court will usually refer the case to mediation for custody arrangements and child support agreements.

Uncontested divorces work best for:

Couples who have little to no assets and no children
Couples who agree amicably on how to divide their assets, who will have legal and physical custody of any children they may have, as well as how much child support is appropriate.

Contested Divorce

The more common of the two options, a contested divorce is when both parties cannot agree on the more major issues of finalizing the divorce, be it child custody, division of assets and property or spousal support. Uncontested decisions can become contested if one or more of these becomes non-negotiable in the eyes of either party. That is why getting quality legal representation for a contested divorce is incredibly helpful and necessary for the next steps.

The drawbacks of contested divorces can include:

Loss of control over the outcome of the divorce. When you can’t come to an agreement with your partner, the court will determine who gets what and the custody of the children based on information the other party brings to the court and what the judge deems most appropriate for the children.
The divorce will take longer to finalize, so the longer the time in court, the higher the legal fees.
A contested divorce can end up leaving neither party satisfied, as the judge is the one making the decisions instead of the spouses.

Azemika & Azemika Law is on Your Side

Going through a divorce can be a difficult and emotional time. If you are trying to settle outside of court, make sure both party’s attorneys are aware of that. However, if there are issues that the two of you can’t agree on, you may need to get the courts involved.

The lawyers at Azemika & Azemika have a combined total of over 56 years handling family law cases. This expertise allows our dedicated team to customize each situation to fit our clients’ specific needs. As our client, we will keep you informed on the status of your case, allowing you to make informed decisions as your case progresses.

Let the team at Azemika & Azemika help set you on a path to a better post-divorce future. Contact us today for a consultation.

What Assets are Protected in a California Divorce?

January 7, 2022December 10, 2021 by wpadmin

While getting a divorce is not on anyone’s mind starting out in their marriage, sometimes that becomes part of life’s next chapter, and it’s better to know what is coming next than be blindsided and lose assets and property you’ve worked hard to amass over the years. Financial stress can make the divorce process even harder, and emotional stress can cause you to overlook and under think your priorities during this difficult time. Having a knowledgeable and compassionate divorce attorney at your side is incredibly helpful to navigate California’s divorce laws.

Many are unaware that California is a community property state, which entitles any property or debt that was acquired during your marriage to both parties equally. As with any law, exceptions do exist and this article will go over which of your assets are protect during a divorce and which are subject to California’s community property laws as well as go over the ins and outs of some of the more major terms and processes you will be dealing with to act as a guide through this difficult time.

What is California’s Community Property Law?

The state of California uses a series of community property laws which act as a buffer to help divide property as fairly as possible. Of course, you are always welcome to contest what property is yours during the mediation and divorce process. Having an understanding of community property law for your asset protection is critical as the ownership of property will be the key to how the partners divide assets during the divorce proceedings. An experienced California divorce lawyer will know all the ins and out of this dense and complicated law.

Under California Family Code § 2550, in general, all assets and properties acquired by the couple after they were married are the property of the marriage and will need to be divided equally in a divorce. Protecting your assets before and during your marriage isn’t a sign of lack of faith, but can help both parties in the long run.

What is Asset Protection?

Asset protection will keep your assets away from creditors without making you party to any sort of concealment or tax evasion issues. It is a lawful and ethical way to protect both spouses before and during divorce. For those with a healthy amount of assets and property, this protection planning is an absolute necessity.

Understanding Property

Assets and property are quite varied. It is important to get an idea of everything that constitutes property. It can be anything that can be bought or sold or even just something that has value, such as:

House or land
Cars
Bank Accounts and cash
401k
Pension plans
Stocks
Any business you own
Furniture and clothing
Stocks and bonds
Life insurance that pays out a cash value

How to Protect Your Assets During a Divorce

Prenuptial and Postnuptial Agreements

A prenuptial agreement (prenup, for short) is a document that is created before both parties get married that specifies which assets belong to whom and legally designates that these assets will not fall under the community property law.

A postnuptial agreement is another legal document that couples can create that will cancel out California’s community property laws. A postnuptial agreement is just like a prenup, as it will protect both party’s assets in case of a divorce, the exception being that the postnuptial is written while the couple is married.

Take Inventory of Your Assets

The first step you should take when getting divorced is taking an inventory of all of your assets and valuables. As stated above, assets can be many tangible and intangible pieces of poetry so make sure to be very specific with everything you own. If you have received valuables that were not given to your partner as well, make sure to document them. These could be heirlooms, inheritances, etc. If possible, get proof of everything you can to make it easier to prove if your divorce becomes litigious.

Guide to Taking Asset and Property Inventory

Here is a fast guide to help you document your assets.

Inventory all of your valuables
Get proof of any inherited or gifted items
Rightfully acquire your property from your home
Know the status (mortgage, taxes) of all property
Hire an appraiser
Take pictures of all joint property

Get Exceptional Divorce and Asset Help Today with Azemika Law

During a divorce, documenting and dividing your assets can be a difficult and stressful job. Let a qualified and experienced Bakersfield divorce attorney help you turn the page to the next chapter of your life.

At Azemika & Azemika, our attorneys have specialized in all aspects of divorce and family law for over 28 years. We use our vast experience to customize each case based on each client’s needs. As a result, we will help you find solutions to all of your asset and property needs

Reach out today to schedule a consultation. Let us focus on the property and asset laws so that you can focus on the future.