Thinking Of Delaying Your Divorce? Think Again!

delaying your divorce

Divorce is a life-changing event that is undoubtedly a hard, painful, and possibly traumatic end to a relationship that has lasted through a significant period of your life. Because of this, it is understandable many attempt to delay the inevitable as long as they can. Despite the divorce being put into action, the process can be dragged on for months, even years. 

It’s very common for those dealing with their old relationship’s issues to try and move on to rediscover themselves and make new plans for their life as a single person. Unfortunately, this may cause more trouble in the long run. It may be a way to delay the finality of the relationship. Still, it can affect many other parts of life, like finances, mental health, and other relationships.

Why You Should Push Forward With Your Divorce

As your divorce takes shape, it’s essential to move forward rather than have life stuck in one place. By not taking control over finalizing your divorce, it makes it increasingly difficult to heal and move to a more positive future. Regardless of your feelings about the situation, it would help if you acted quickly to avoid any proceedings snowballing into legal battles or complex arguments. 

We’ve gathered some important reasons to help you understand the effects of prolonging a divorce proceeding. This includes why, despite the difficult emotions, it can be healthier for your personal and professional life to end it promptly.

More Money Spent Over Time

Assets you earn after your divorce is filed are no longer considered marital property. With this said, without filing right away after deciding that divorce is the route you want to take, your spouse’s portion of your pension will continue growing as long as you are still married. This includes savings accounts, investments, work bonuses, or new properties that will be considered marital property.

Feelings Can Change

A once amicable split can quickly end in a hostile, messy divorce. Going through a permanent split can be an emotional time for both spouses, but despite the initial shock and sadness, many spouses can reach common ground after making the decision. It’s best to finalize a divorce when both spouses are amicable to one another, leaving less time for anger and other stages of grief to take hold. Over time, as a divorce drags out, the more likely it is for each spouse to look for ways to get even or possibly one-up the other. This tends to lead to exhausting arguments and bitter discontentment for both parties.

New Complications

It’s not unusual for people to seek out love and companionship, even while going through a divorce. Any relationship after a divorce can complicate proceedings and negatively affect how your spouse views you, your previous relationship, and what they are entitled to. Usually, for the best outcome in a divorce, the only people involved are the two getting divorced and their attorneys. It usually becomes more complicated when another family member or a new partner gets involved, leading to prolonged proceedings and unnecessary arguments over minor details.

Pour Into Your Personal and Professional Life

Even those in unhealthy marriages can have a hard time during divorce. The difficulties can vary from person to person, but issues can manifest differently in your personal and professional life. You can bring those hard emotions into your place of work, around family members or close friends, and it can be all-around challenging to manage in everyday life. Having a divorce hanging over your head can be exhausting, so it is best to finalize it as soon as you can.

Wearing Down

Most clients start their proceedings with a clear stance on what they want, with the drive to get it. Standing your ground is an important thing to do in your divorce, but as time goes on with the back-and-forth process, your strength and determination may start to waver. When divorce fatigue and exhaustion happen, you’re more likely to accept terms you may not have agreed to initially. 

Gain Closure

Getting closure is an integral part of divorce. Every family member may feel the weight of your divorce, and while it may be sad to have the divorce be final, it can also become a transitional moment for new beginnings with you and your children. You can finally start a new life with new routines and a fresh start. 

Family Law Attorney In Kern County

You should only delay your divorce if you and your spouse think there is any possibility for reconciliation and a healthy, happy future together. This can take a lot of effort with therapy, individual growth, and mutual agreement to strengthen your relationship. It is a big decision, just as much as divorce.

Azemika & Azemika is here for you during this difficult time. Our practice has been 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 you and your family’s future. Contact us today.

The Dangers Of Hiring A Cheap Divorce Lawyer

Hiring A Cheap Divorce Lawyer

You may be tempted to go for the cheapest option when stressed during your divorce, but a cheap divorce lawyer can cost you much more money in the long run. When it comes to your divorce, you want to ensure it is done right, with the paperwork properly done, to avoid any headaches later. The money spent upfront may seem worth it, but in the long run, there are many hidden costs when you decide to go the cheap route.

Why You Shouldn’t Hire A Cheap Divorce Lawyer

It’s important to know the possible risks when hiring an inexpensive divorce lawyer so you can steer clear, as tempting as it may be. We’ve gathered some important reasons you shouldn’t hire a cheap divorce lawyer so you can make an informed choice when finding a lawyer for your divorce.

Less Experienced

It’s important to consider why a cheap lawyer has such low prices. A family’s lawyer rate usually depends on their experience, skill, and reputation. With this in mind, a cheap divorce lawyer may be lacking in these areas, which is why they are so inexpensive. You’ll want more than just basic legal advice that can be found online, and an experienced family law lawyer will have more experience and understanding of the legal process. This can help you achieve better financial terms during your separation. Cutting corners isn’t worth it when it comes to decisions that significantly affect your case and for life afterward.

Can Take More Time to Finalize Your Divorce

Those searching for a cheap divorce attorney typically look for positive results as quickly as possible. Unfortunately, this isn’t the case and a cheap divorce lawyer may take longer than necessary to file divorce papers and possibly submit paperwork with errors. In the long run, this means missed deadlines, a drawn-out divorce, and higher legal fees.

Less Availability

A cheap divorce lawyer will often take on more clients to compensate for the lower rates they charge, meaning less face-to-face time with you and your case. They will likely be unavailable for questions you may have and be less involved in your case than a reputable lawyer would. Even the most simple of divorces can be complicated, and not being updated regularly can leave you in a difficult situation. While going through the stress of a divorce, the last thing you want is to be left in the dark.

Prone to More Mistakes

Experienced attorneys might charge more for their services upfront, but this is because they spend more time with their clients to avoid making little mistakes that a cheap divorce lawyer could easily overlook. Simple mistakes can slip through the cracks, causing your case to be dismissed and having to start all over again. You can have peace of mind when hiring a more experienced attorney, knowing there will be little to no complications or unexpected expenses.

No Paralegals or Associate Attorneys Aid

An experienced divorce lawyer rarely works alone and usually has a team of professionals behind them, allowing them to strategically assign portions of the casework to one of their associates at a lower hourly rate. This allows the client to have the advantage of a lower rate but with the guidance of an experienced attorney. Inexpensive lawyers tend to work alone and don’t have the support of paralegals, assistants, or associate lawyers to catch their mistakes or help with important tasks during the divorce filing.

Experienced Divorce Lawyers In Kern County

Cheap doesn’t only mean a lawyer has a lower hourly rate. It also can indicate the overall value of your case. Considering divorce is such a serious and permanent procedure, you shouldn’t take it lightly so it doesn’t have a negative effect on other areas of your life. An experienced divorce attorney is well-versed in all aspects of the law and will be able to lend you the best advice and representation. They don’t cut corners and do their due diligence to make sure there are no loopholes in alimony, child support, or when dividing property.

In the long run, a cheap divorce attorney proves to be the more expensive option. You want an experienced divorce lawyer who is efficient, detailed, and understanding of the law to help you quickly and effectively file your divorce. At Azemika & Azemika, we are here for you during your divorce. Our practice has been 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 you and your family’s future. Contact us today.

California Divorce And Business: What You Need To Know

California Divorce And Business

Divorces tend to be complex when it comes to dividing assets. After working hard and building up your business, it is understandable to be concerned about the fate of your business after the divorce. You’ll likely want to hold on to certain assets and maintain ownership of your business, so understanding what California divorce and business looks like can help you make important decisions for a desired outcome.

The Difference Between Separate and Community Property

California is a community property state, meaning if your business has become commingled or purchased during your marriage, it can be subject to being divided in half during your divorce. Considering the impact they have on what is divided during the divorce, it’s vital to understand the classifications of both separate and community property.

Separate Property

Any assets or belongings owned by one spouse before marriage or gifts given to one spouse is considered separate property. Separate property is safe from division, as the courts do not have any jurisdiction to give one party’s separate property to the other party.

Community Property 

Community property, or marital property, is when you:

  • Started or acquired the business during your marriage
  • Started or inherited the business before your marriage but made commingled property by contributing to the business using marital funds
  • Started the business before your marriage, but your spouse became the business manager

Dividing a Business During a California Divorce

In California, business assets that are community property are treated the same as personal assets during a divorce. Even if you started or owned the business before you were married, or more involved than your spouse was day-to-day, a judge will split ownership 50/50 if the court views the business as community property.

This changes if you started the business before you got together and never commingled the business with your spouse. If you never put your spouse’s name on any business documents or named them as co-owners, it is viewed as separate property. This may be able to protect your business from being divided with your spouse, but you still may owe your ex the increase in value of your business that happened while you were married.

Valuation of the Business

You’ll need to value your business if it has been considered marital property. Getting an accurate valuation is important to ensure a fair division of all assets. There are a few different factors that add value to your business:

  • Any fixed assets, ie. furniture or equipment
  • Debts or liabilities
  • Current and future profitability
  • Market value
  • Intangible assets, ie. financial statements or accounts receivable
  • Goodwill

Options for Handling a Family Business 

There are a few options when handling a family business when going through a divorce.

Buyout

Spouses may negotiate a fair price and determine the term of payment if they decide to buy out the other spouse’s interest in the business. They may decide to pay in one lump sum or agree on installment payments.

Co-Ownership

Some spouses may be able to co-own and operate the business after a divorce. With this agreement, clear and consistent communication and cooperation are necessary. An explicit agreement on management responsibilities, decision-making, and profit sharing should be made.

Sell the Business

If it is impractical to keep the business, or both spouses decide they do not want to continue it, selling it and dividing the proceeds can be the best option. It’ll take a skilled family law attorney in order to navigate the sale of the business and to ensure a fair distribution of the sale.

How to Protect Your Business in a Divorce in California

  • Create a Prenup or Postnuptial Agreement: If you have already created a prenup or postnuptial agreement, you can go over how the assets will be divided when going through the divorce. While a prenup may be challenged in some scenarios, you can protect your business from being divided if you choose this type of agreement.
  • Use Alternative Dispute Resolutions: You can handle the division through an alternative dispute resolution like mediation. When you settle the matter outside of court, you’ll find you have more autonomy over what happens when negotiating with the other party.
  • Find Quality Insurance: When you invest in quality insurance, you may take advantage of their programs that allow you to accumulate cash value over time. This allows you to liquidate the funds later in order to buy out your partner.
  • Create a Trust: You are no longer considered an owner when your business is placed in a trust. The business is protected from being considered a marital asset because the trust technically owns the business.
  • Avoid Commingling Assets: Make sure you avoid commingling your business. Keep funds separate, and limit your spouse’s contributions and involvement in the business. 

Talk to a Divorce Attorney in Kern County, CA

It is difficult to go through a divorce as is but is especially stressful when you have a business or other important assets you’d like to protect. At Azemika & Azemika, we are here to help you protect those assets. Our practice has been 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 you and your family’s future. Contact us today.

Is Your Spouse Hiding Assets In Your Divorce? Here’s How To Know

hiding assets

For your divorce to be fair, your assets must be fully disclosed and honest. Nobody wants to believe their spouse is hiding anything on top of going through the divorce itself, but it does happen, and it’s important to understand and be on the lookout for signs that your spouse may be hiding assets during your divorce. If your spouse successfully hides assets, it can have a negative impact on what you are awarded in the divorce because the hidden assets are unknown and unable to be divided correctly. 

Signs Your Spouse May Be Hiding Assets During Your Divorce

Divorces can be long, grueling processes with complex situations in each case. Dividing assets and making major financial decisions in court can take a long time, and one spouse might hide valuable assets to avoid splitting them in the divorce. We’ve compiled signs to look for during your divorce so you can protect yourself and your future after.

Maintaining Complete Control

With a desire to completely control bank account information and passwords and acting secretive or defensive, your spouse may be hiding something. You deserve to know as much as your spouse does about your financial situation and have the right to access joint accounts during your divorce. If something feels off by their domineering attitude, listen to your gut.

Changing Information on Accounts

To keep you and the court from accessing information about assets, your spouse might change the mailing address on accounts or statements to save them from showing up at your joint home. Similarly, they may open a post office box with the same strategy to keep statements and information from getting into your hands.

Unusual Spending

If a spouse suddenly starts spending more than usual, they may try to drain assets and convert them into possessions. For instance, you may notice a savings account, a piece of real estate, or a random investment you knew nothing about. Your spouse might try to drain the account, sell the asset, or use the cash to buy items that are more difficult to track (like art, jewelry, or clothes).

Making Overpayments

By overpaying taxes, credit cards, or loan payments, they can create a way to redirect hidden marital or separate funds. This means that once the divorce is over, your spouse will owe less on their post-divorce assets.

Giving Gifts

You may notice your spouse giving lavish “gifts” to friends, family, or even a new lover. This might be an attempt to remove assets from marital or separate accounts they don’t want you to know about. The family member, friend, or new partner might hold on to the asset and return it to your spouse once the divorce is final.

Traveling Out of the Country

You should investigate if you notice your spouse making frequent trips to countries with more relaxed banking laws or dealing with banks overseas. You or your attorney can send a subpoena to any bank you suspect your spouse has an account with and receive all the records under your spouse’s name. Taking trips out of the country can also move assets to places that are harder to discover.

Paying Unknown Loans

Your spouse may completely fabricate the existence of new loans to siphon money out of joint accounts or separate accounts you know about. 

Making Changes to Their Business

If your spouse owns a business, you should look out for any attempts made by your spouse to conceal the business’ assets or income so it cannot be accurately accounted for during the divorce; they might reconfigure the whole corporate structure, suddenly start buying and selling things, or change how they operate the business. Additionally, if a once thriving business suddenly experiences a downturn during the divorce, there is reason to suspect it as intentional as a way to shield income from the divorce.

Unusual Business Expenses

Your spouse can fabricate new or unusual business expenses, not seeking reimbursement for expenses from their employer, and then hold on to receipts to seek reimbursement once the divorce is over. This is a way to keep the funds from even being considered or divided in the divorce.

Open a Brand New Business

Opening a new business can offer an opportunity to redirect assets and create losses, which changes their true net worth and allows them to get more in the divorce.

Kern County Divorce Lawyers By Your Side 

If you find yourself suspecting your spouse of hiding assets after reading some of these signs mentioned, it is in your best interest to talk to your divorce attorney as soon as possible. Azemika Law is 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.

Contact us today, and let us help you protect yourself and your assets. Don’t let your spouse take advantage of you. We’re here to help.

California Divorce And Adopted Children

adopted children

When children are involved in a divorce, things become more complicated. Whether the children are adopted or not, it’s an emotional and tricky issue. When a child is adopted, the parents become their legal parents, meaning certain legal rights and responsibilities are created. Adoptive parents have all the same responsibilities for their adopted children as they would biological children once the adoption process is complete. Parents must take care of their adopted child, providing for their education, housing, and medical care. 

It does not matter if you are the child’s biological parents or if you have adopted children. Your legal relationship with your adopted children will not change just because of a separation or divorce. Your divorce will be treated just like any other divorce by the court system, and you can create a child custody schedule that best suits your and your family’s needs. 

Who Gets Custody Of Adopted Children In A Divorce?

Some may think that a biological parent may be given custody over a former step-parent who adopted the child. Still, in California, the law is clear that regardless of the type of adoption, the adoptive parent is considered a legal guardian. There are no legal differences between an adoptive parent and a biological parent. There is a common primary concern that because one parent has the biological link, they may have an advantage in custody arrangements versus the adopted parent. Still, the adoptive parent has the same legal rights as the non-adoptive biological mother or father during the divorce.

It is important to note that every situation is different, and custody is determined on a case-by-case basis. Regardless, the child’s needs are always at the forefront of any decision. Decisions will be made regarding the child’s education, safety, and welfare.

Types of Custody

Both parents have the legal right to seek custody. In the same way the court would treat a biological child when determining custody, the court wants to ensure a stable, safe relationship between both parents after the divorce. Once both parents have created independent households, the time spent with each can be determined. Families can make their child custody agreements, but if this cannot be decided upon, the court can decide as a part of the divorce proceedings and in the child’s best interest.

There are a few different custody possibilities:

Physical vs. Legal Custody

Physical custody is physically having the child under your roof. Legal custody is having the right to make crucial decisions on behalf of the child, like with their medical care, general safety, schooling, or religion. The courts can award both types of custody to one or both parents or divide the types of custody between the two parents.

Joint Custody

They are also known as shared custody; this means the adopted child will spend part of their time with one parent and the rest with the other. The exact time division will depend on the case and will not always be a 50/50 split, as it needs to be practical and in the child’s best interest.

Sole Custody

Sole custody is where 100 percent of the child custody is given to one legal parent. In this case, which is typically uncommon in California courts, the noncustodial parent might have specific visitation rights.

After a custody settlement or court-ordered agreement is determined, both parties must obey the order, though it is possible to request a modification if you have valid reasoning. In the event of significant change, parents can seek out modification of the original order.

Concerned About Your Adopted Child During A Divorce? Let Us Help

Regardless of the biological relationship, when parents have taken on the legal responsibility of their adopted child, child support can be awarded based on state laws. The amount of financial support is decided by a calculator that considers both parents’ incomes and the amount of time the child spends with each parent. This helps determine the amount for the guideline child support.

With divorce being such an emotional and important pivot in life, it can feel scary to go at it alone. It can be challenging to navigate through all the proceedings, and having someone in your corner who can guide you with your and your family’s best interest in mind is important. At Azemika Law, we are 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. We serve all of Kern County and want you to have the opportunity to make informed decisions from the best position possible for your future. Contact us today to schedule a consultation.

Divorce and its Psychological Effects on Your Children

psychological effects

Deciding to divorce is never easy, and when there are children involved, parents may face an additional level of worry. They may find themselves second-guessing their decision, thinking it would be best to stay together for the kids.

While each child is affected differently by divorce, there are ways parents can help their children throughout the process and reduce the psychological effects on their children. This article will discuss how divorce can affect children psychologically and tips that you can utilize to help your children cope with this significant life change.

How Divorce Psychologically Affects Children

The first couple years after a divorce are typically the most difficult for children. They likely experience anger, anxiety, disbelief, and distress.

Most of the time, children bounce back after they get used to the changes to their daily routines. Sometimes, however, children may experience ongoing problems after a divorce. Here are some of the ways that children can be affected psychologically by divorce.

Mental Health Issues

Children of divorce are at greater risk of mental health issues. Divorce can trigger an adjustment disorder that typically resolves itself after a few months. However, some children of divorced parents can have ongoing issues with anxiety and depression.

Behavioral Problems

Children from divorced families are more likely to externalize problems such as delinquency, impulsive behavior, and conduct disorders. Children may also have more disagreements with friends and peers after a divorce.

Problems in School

A 2019 study showed that when divorce is unexpected, children tend to have more trouble in school. On the other hand, children who expected divorce were less likely to experience these problems.

Risky Behavior

Adolescents with parents who are divorced are more likely to partake in risky behavior such as early sexual activity and substance use. Children who have been separated from their fathers have also been shown to have more sexual partners.

10 Tips to Help Children Cope with Divorce

You play a significant role in how your children adjust after a divorce. Here are some tips on how to help your children cope with the psychological effects of divorce.

1. Peaceful Co-Parenting

Fighting with your ex-spouse has been shown to cause more stress for the children involved. Children who experience screaming and threatening are more likely to experience behavior problems. So, if you’re having trouble with your ex, professional help can help you find a way to communicate peacefully.

2. Don’t Put the Kids in the Middle

When you use your kids to relay messages between parents or ask which parent they like best, you’re putting them in the middle. This can lead to anxiety and depression in children.

3. Maintain a Healthy Relationship with Your Child

Positive communication, showing your child how much you love them, and ensuring minimal conflict can help children adjust after a divorce. A healthy relationship with your child can grow their self-esteem and academic performance after a divorce.

4. Be Consistent with Discipline

While you may want to do what you can to make your children happy after your divorce, it’s essential to establish rules and follow through with the set consequences when needed. Effective discipline can help improve academic performance and reduce delinquency.

5. Monitor Teens Closely

When parents closely monitor their teens’ actions, they’re less likely to show behavioral problems after a divorce. That means the chance of your teen having difficulties in school or substance usage is decreased.

6. Encourage Your Children

When children feel like helpless victims, they’re more likely to encounter mental health problems. Teaching your child they are strong enough to handle the changes they are experiencing can empower them.

7. Teach Children Skills to Cope with the Change

When children are taught cognitive restructuring skills and problem-solving skills, they can adapt better to the changes they are going through as a result of the divorce. Teach them to manage their feelings, behaviors, and thoughts healthily.

8. Help Them Feel Safe

Children of divorce can often have a fear of abandonment and be uncertain of what is to come, which can result in anxiety. Help your child feel safe, loved, and secure to reduce clinginess and mental health risks.

9. Educate Yourself

Many programs help parents understand how to help their kids cope with divorce. These classes teach co-parenting skills to help kids adjust.

10. Seek Professional Help

Your child can feel it when you’re stressed, affecting their actions and behaviors. Be sure to practice self-care and consider therapy to help you adjust to the changes you’re experiencing from the divorce.

When You Should Seek Professional Help for Your Child

It’s normal for children to struggle with their feelings after a divorce. However, if the issues persist or worsen, therapy can help your child sort out their feelings and emotions and learn to adjust.

Support groups are also a great option. They are a place for kids of all ages to meet other children going through the same changes.

Get the Legal Representation You Deserve with Azemika & Azemika

While seeing the effects of your divorce on your children can be difficult, staying in an unhappy marriage for the sake of the children isn’t necessarily the best option. Children from homes with hostility, arguing, and seeing their parents unhappy can be at risk for behavior and mental health problems.

At Azemika & Azemika, our practice is exclusively devoted to family law. We understand that our clients are going through a difficult and emotional time. When you work with our team of expert family law attorneys, you are guaranteed knowledgeable, aggressive, and affordable legal representation for your family law case.

Contact us today to schedule a consultation.

How to Know When Your Marriage Might Be Over

marriage

Separation or divorce can be a tough decision when you’ve been working to keep your marriage together but think it can’t be repaired. But if you and your partner haven’t been happy for some time, or you just aren’t sure if you are ready to take that final step to divorce, it’s time to look at your situation and determine if your marriage can be saved.

While some relationships can be salvaged, there are times when both partners should go their separate ways. But how do you know when it may be the end? This article will discuss ten signs that you should consider divorce to move on to the next chapter of your life.

1. You Don’t Argue

Does this one confuse you? Believe it or not, arguing is good for a relationship. In healthy relationships, arguments are productive and can be resolved to benefit the marriage. However, when you lose the will to fight for your marriage, it’s likely time to consider moving on. 

2. You HAVE to Win

When you do argue, how do you argue? It should be in a way that works to improve the relationship. However, when one or both partners are more concerned about placing the blame and has to win the argument, the focus shifts to power, which isn’t good for a marriage.

3. You Find That You’re Provoking Your Partner

Have you noticed that you’ve been pushing your spouse lately? This can happen when you subconsciously want to end the marriage but are afraid to make the decision yourself. When you do things purposely, hoping that your spouse will initiate the conversation about your unhappiness, it’s essential to notice that this is a red flag.

4. You Feel Stressed When You See or Think About Your Partner

When you first fall in love, your partner can make your heart beat faster just by seeing them. But what happens when that faster heartbeat is due to the stress you immediately feel when you think of or see your partner? This can be your body’s way of saying it’s time to make a move.

5. You Can’t Be Yourself Around Them Anymore

Your spouse should be someone with whom you can be your authentic self. When you have to start hiding parts of yourself, or you have to watch what you say around them, that shows a lack of respect, which can be challenging to overcome.

6. The Thought of Leaving Scares You But is Exciting at the Same Time

Do you find yourself daydreaming of your life if you weren’t with your spouse anymore? The freedom you would have, the passion you could pursue, the adventures you could experience. Anything new is scary, but if you can imagine your life without your partner and would choose to leave over staying, this can be a huge indicator that it’s time to go.

7. Your Relationship is No Longer a Priority

Outside influences like kids, family, friends, or work can positively impact a marriage. And there will always be times when something comes up that will require your complete attention. But when these things take over your time and leave no room for your partner and for you to focus on your relationship, your marriage may be over.

8. You are No Longer Each Other’s Go-To Person

Your spouse should be the first person you want to talk to when something good happens or you’re having a bad day. When either of you choose to stop sharing these important moments, the connection begins to be lost. This disconnection can lead to loneliness, which can ultimately lead to divorce.

9. You’ve Already Planned Your Exit

Have you already set up a separate bank account, or are you searching for a new, better-paying job to gain more financial independence? These are signs that you already know your marriage isn’t working anymore.

10. You Can’t Stop Wondering if You Should Leave

If you’re finding that you’re confused about whether to stay or go, that can be a sign to move on. While it may feel like confusion, it’s likely that you know what you should do, but you are afraid to take the leap.

Work With The Award-Winning Team of Family Law Attorneys at Azemika & Azemika

Just like no two marriages are alike, the signs that a relationship also differs. So, if you notice any of these signs in your marriage, or if you’ve made attempts to fix things, and nothing seems to work, it may be time to face the truth and consider divorce. Making this decision can be challenging, but having an experienced, qualified divorce attorney is essential once you decide your marriage is over.

At Azemika & Azemika, we know that couples don’t decide to end their marriage lightly. It is a very emotional decision, and you need a team of lawyers on your side with compassion who will fight for you and your loved ones during this difficult time.

Our team has over 64 years of combined experience handling family law cases in the Kern County area. We have been named Best of Bakersfield for Divorce/Family Law attorney by the Bakersfield Californian for two years.

Contact us today to work with our award-winning team.

Women Supporting Women: Why Women Prefer Female Divorce Attorneys

female divorce attorneys

In the dynamic realm of legal representation, the choice of an attorney is a crucial decision that can profoundly impact the outcome of any legal matter. Over the years, there has been a significant rise in the number of women seeking legal services from female attorneys.

This trend has sparked curiosity and discussion within legal circles and beyond. In this article, we will delve into why women increasingly opt for female attorneys, exploring this choice’s unique advantages and empowerment.

Shared Understanding and Empathy

One of the primary reasons women choose female attorneys is the shared understanding and empathy that often comes from a common gender experience. Women facing legal challenges may feel more comfortable sharing their experiences with someone who inherently understands the nuances of being a woman in today’s society.

Female attorneys are not only well-versed in the legal intricacies of a case but also possess a nuanced understanding of the societal and cultural factors that may impact their female clients. This shared perspective can create a supportive attorney-client relationship, fostering a sense of trust and openness crucial for effective legal representation.

Breaking Down Gender Stereotypes

The legal profession, like many others, has historically been male-dominated. However, the landscape is evolving, with more women entering the field and challenging traditional gender norms. By choosing a female attorney, women contribute to breaking down these stereotypes and promoting gender diversity in the legal profession.

When women see other women succeeding in legal roles, it inspires confidence and reinforces the belief that gender should not be a barrier to professional success. By actively choosing female attorneys, women send a powerful message that they value and support the inclusion of women in all professional spheres.

Representation Matters

Representation matters not only in popular media and politics but also in the legal realm. Women seeking legal services often find comfort in seeing someone who looks like them, both in terms of gender and possibly shared life experiences, standing as an advocate. Female attorneys serve as role models, proving that women can excel in the legal field and be strong advocates for justice.

This representation extends beyond the courtroom and into negotiations, mediation, and collaborative law processes. Having a female attorney by their side empowers women to confidently assert their rights, knowing they are supported by someone who understands and values their perspective.

Sensitivity in Family Law Matters

In family law cases, such as divorce, child custody, and spousal support, emotions can run high, and the stakes are deeply personal. Female attorneys often bring a unique sensitivity to these matters, understanding the emotional complexities of family dynamics. This empathy can play a crucial role in negotiating fair settlements and crafting solutions that prioritize the well-being of any children involved.

Moreover, female attorneys may be more attuned to the specific challenges women face in family law cases, such as issues related to domestic violence, financial dependence, or discrimination. This heightened awareness allows female attorneys to tailor their approach to their female clients’ individual needs and concerns.

Creating Safe Spaces

The legal process can be intimidating, especially for those navigating it for the first time. Women, in particular, may feel vulnerable and hesitant to share personal details of their lives with a stranger. Choosing a female attorney can create a safe and supportive space for women to openly discuss their legal concerns without fear of judgment.

Female attorneys often prioritize creating a comfortable environment for their clients, fostering open communication and trust. This safe space is crucial for building a strong attorney-client relationship and can positively impact the overall experience of seeking legal representation.

Get the Representation You Deserve During Your Divorce With Amanda Azemika

The increasing trend of women choosing female attorneys reflects a desire for empowerment, understanding, and representation in the legal realm. By opting for female advocates, women gain legal expertise and benefit from shared experiences, breaking down stereotypes and contributing to a more diverse and inclusive legal profession.

As the legal landscape continues to evolve, recognizing and supporting the unique advantages of female attorneys becomes increasingly evident. Ultimately, choosing an attorney is a deeply personal decision, and for many women, choosing a female attorney is a powerful step towards achieving justice and empowerment in their legal journey.

Amanda Azemika is a partner at Azemika & Azemika. She was admitted to the California State Bar in 2021. She graduated from USC in 2015 with magna cum laude honors and graduated from USD School of Law with a concentration in Children’s Rights.

Ms. Azemika works exclusively in family law and is a member of the California State Bar Association, Family Law section, and the Kern County Bar Association, Family Law section. She currently serves on the Board of Directors for the Bakersfield ARC and the Women’s Lawyers Section of the Kern County Bar Association, as well as the co-president of the Bakersfield ARC Board for Young Professionals.

Contact us today for a consultation with Ms. Azemika or one of our other experienced Bakersfield divorce attorneys.

California Divorce and Student Loans: What You Need to Know

student loan

Over 43.6 million Americans have federal student loan debt. That means if you’re in the midst of a divorce in California, it’s likely that you’re still paying on your student loans. You may be wondering how student loan debt is handled during a divorce. Or, will you be responsible for your ex’s student loan debt even after your divorce? Could your ex be liable for your student loans?

As student loan debt continues to rise, these questions are becoming more and more common. In this article, we will explore divorce in California and discuss how student loans are handled in a California divorce.

California – A Community Property State

California follows the community property system, meaning that assets and debts acquired during the marriage are typically considered community property (unless a prenuptial agreement states otherwise) and are subject to equal division between spouses. Any debts or assets acquired before the marriage are considered separate property and are not divided during the divorce.

However, student loan debt is an exception to this rule. Student loan debt is treated differently than other types of debt.

How Student Debt is Assigned in a Divorce

California law (CA Family Code §2641) considers student loan debt to benefit the individual, meaning the person’s education will continue to benefit them after the divorce, so the other spouse shouldn’t have to continue to pay for that educational debt.

The law assigns loans taken out before or during a marriage to the spouse who received the education or training. That means if you took out your student loan before you were married or during your marriage, the state considers that debt your sole responsibility during a divorce.

There are, however, some exceptions. Student loan debt may be divided between the spouses if:

  • Both spouses benefited from the training, education, or student loan.
  • The training, education, or loan taken out by one spouse offset the training or education their spouse received, resulting in community contributions.
  • The education received by a spouse through a student loan reduces their need for alimony.

There are no specific rules about the factors listed above when determining what will happen to your student loan debt or that of your spouse. The courts have a fair amount of discretion when making this determination. These factors should act as a guide during negotiation or litigation that may arise.

Determining if the Loan Benefited the Community

The court will determine whether the community benefited from the student loans, and they will use the following assumptions when making this determination:

  • The community did not benefit from the student loan debt if the loans were incurred less than ten years before the beginning of the divorce.
  • The community did benefit from the education if the loans were incurred more than ten years before the start of the divorce.

You can overturn these assumptions by providing opposing evidence. For example, suppose your student loan was incurred less than ten years before filing for divorce. In that case, you can show that you and your spouse enjoyed a higher standard of living or could acquire community assets because of your education. Consulting an experienced divorce attorney is essential, especially when your divorce involves student loans.

Reimbursement for Community Funds Used to Pay Student Loan Debt

Now that we know how the courts will assign student loan debt during a divorce, another question arises. What about the marital funds used to pay the student loan debt during the marriage?

In general, the rule is that the spouse who took out the loans should have to pay back the money used from marital funds to pay down the loans or pay for education outright. The reimbursed money will be split 50/50 between each spouse.

This is subject to the exceptions mentioned above. That means the court will look at whether the community financially benefited from the education, if both spouses received a benefit from the education, and how the educational benefits affect spousal support amounts.

Turn to Azemika & Azemika, Bakersfield Divorce Attorneys

Divorce is never easy, and the process can become even more complicated when student loans are thrown into the mix. Navigating the intricacies of community property, reimbursement claims, and spousal support requires careful consideration and, often, legal guidance.

Understanding how student loans are handled in California is crucial to a fair and equitable resolution. By approaching the issue with transparency, communication, and the assistance of legal professionals, couples can navigate the maze of student loan division and emerge with a clearer path toward their futures.

The expert team of attorneys at Azemika & Azemika has helped numerous divorcing couples in California. We understand how difficult it can be to divide marital property, especially when student loans are involved. We are here to help support you and protect your family, rights, and assets.

Contact us today for a consultation.

Women’s Guide to Divorce: How Women Can Protect Themselves in a Divorce

divorce

Divorce can be emotionally charged and legally complex, and women often find themselves navigating through many challenges. Whether it’s ensuring financial stability, safeguarding custody rights, or securing a fair division of assets, the decisions made during a divorce can have long-lasting consequences.

This article will explore tips for women to protect themselves during divorce. We will also discuss the advantages of choosing a female lawyer to guide them through this transformative journey.

Tips to Protect Yourself in a Divorce

Educate Yourself on Finances

Being financially prepared is crucial during a divorce. Gather all financial documents, such as bank statements, tax returns, and property deeds. Understanding the financial landscape will empower you to make informed decisions regarding alimony, child support, and property division.

Create a comprehensive list of assets, debts, and expenses. Any assets and debts obtained during your marriage are considered marital property.

Here are some assets you should include:

  • Real estate
  • Stocks and bonds
  • Vehicles
  • Cash
  • Pensions and retirements.

Here are some examples of marital debts:

  • Mortgages
  • Vehicle loans
  • Bank loans
  • Credit card debt
  • Judgments

Secure Your Financial Independence

Open a separate bank account if you don’t have one already. Ensure that your personal funds are protected, and keep a record of all transactions. Establishing financial independence will provide you with a safety net and the ability to meet immediate needs during and after the divorce.

Build a Support System

Emotional support is invaluable during a divorce. Surround yourself with friends, family, or a support group who can provide empathy, advice, and encouragement. A strong support system can help alleviate stress and provide a sounding board for important decisions.

Prioritize Your Children’s Well-Being

If children are involved, prioritize their well-being. Develop a parenting plan that considers their emotional and physical needs. Keep communication open with your ex-spouse to ensure a stable and nurturing environment for the children. A child-focused approach can also positively influence custody arrangements.

Consult a Therapist

Emotional well-being is as important as financial stability. Divorce can affect mental health, so consider seeking therapy or counseling to navigate the emotional challenges. A therapist can provide coping mechanisms, stress management strategies, and support during this difficult time.

Choose the Right Attorney

Selecting the right attorney is paramount in ensuring a fair and successful divorce. While competence is crucial, some women find that working with a female attorney provides unique advantages. Female lawyers often bring empathy, understanding, and an innate understanding of the challenges women may face during divorce.

Benefits of Choosing a Female Lawyer

Here are some of the benefits that come along with choosing a female lawyer to represent you in your divorce.

  • Empathy and Understanding — A female lawyer may have a deeper understanding of the emotional nuances that often accompany divorce for women. This empathy can translate into more effective legal representation and a supportive attorney-client relationship.
  • Experience with Gender-Specific Issues — Women may face unique challenges in divorce, such as issues related to spousal support, child custody, and domestic violence. A female lawyer, having likely dealt with similar cases, may offer insights and strategies tailored to these specific challenges.
  • Effective Communication — Women often excel in communication, and a female lawyer may leverage this strength to articulate your case persuasively. Effective communication is vital in negotiations and courtroom proceedings.
  • Fostering Cooperation — Some women prefer a collaborative approach to divorce. Female lawyers may be adept at fostering cooperation between parties, leading to smoother negotiations and potentially quicker resolutions.
  • Role Model for Empowerment — Hiring a female lawyer can serve as a powerful statement of empowerment. It conveys that women have the right to strong legal representation and deserve fair treatment in divorce proceedings.

Let Amanda Azemika Protect Your Rights During a Divorce

Navigating a divorce is undeniably challenging, but with the right tools and support, women can protect themselves and emerge stronger and more resilient from the process. Choosing a female lawyer can be a strategic decision that aligns with the unique needs and challenges that women often face during divorce. By utilizing the tips in this article, women can embark on a new chapter of their lives with confidence and empowerment.

Amanda Azemika is a partner at Azemika & Azemika. She was admitted to the California State Bar in 2021. She graduated from USC in 2015 with magna cum laude honors and graduated from USD School of Law with a concentration in Children’s Rights.

Ms. Azemika works exclusively in family law and is a member of the California State Bar Association, Family Law section, and the Kern County Bar Association, Family Law section. She currently serves on the Board of Directors for the Bakersfield ARC and the Women’s Lawyers Section of the Kern County Bar Association, as well as the co-president of the Bakersfield ARC Board for Young Professionals.

Contact us today for a consultation with Ms. Azemika or one of our other experienced Bakersfield divorce lawyers.