Hawthorne divorce lawyers

Posted By Aaron Denton, On August 26, 2020
What You Shouldn’t do When Getting a Divorce

Divorce may come after months or years of unsuccessful attempts at patching things up or it may come as a total surprise. In each situation, individuals must deal with many emotions and changes in their upcoming life. Everyone is affected by divorce, including children and other family members. It’s a tough time to say the least. And while this difficult time may throw you for a loop, remember that you should keep your bearings. Some things you just shouldn’t do when an impending divorce is in your future.

Social Media 101

Social media provides an outlet to express frustrations,happiness, anger, and all other emotions we feel. And so, many couples turn to social media pages during divorce, all-too-eager to share their deepest, darkest feelings and secrets. Even sharing this type of information with private settings attached isn’t a guarantee that others won’t see what you’ve posted. Your social media pages can come back to haunt you in court. Keep it off social media until the divorce is over.

Don’t Forget Financial Changes

One big change many people don’t anticipate after divorce is the financial changes that it creates. Surviving with one income is considerably more difficult than with two, but it’s now the new way of life. Where will you live? Who will babysit the kids? Who pays daycare costs, rent, and buys food? All of these thoughts should be among the first you consider as you venture into this new way of life.

Don’t Let Your Emotions Take Over

A divorce is an emotionally-charged occasion in a person’s life. Not acting and/or responding with emotions is difficult. That’s why hiring a lawyer is so important. They work for their clients best interest, making sure decisions aren’t made off of emotions. Don’t sit around and cry, suzuki and wonder where and why it all went wrong when divorce is around the corner.

Don’t Put the Kids in the Middle

Children deal with emotions when parents divorce. Some children may feel uncomfortable with those emotions or may be unaware how they should pass them. Children love both parents and should not be placed in the middle. This can emotionally scar a child and cause negative feelings toward one parent or the other. This is not fair to parents or to children. Instead, talk to the kids and tell them the divorce is not their fat. Let them know how much love they have and take other measures to protect their emotional well-being.

Lawyer-Free Divorce

Lawyers protect the interest of their clients during fivorce. Without a legal expert around, you may get the short end of the stick in the matter. Lawyers will have none of that. Instead, they ensure clients move on to the next chapter of their lives with a clear conscience and no unresolved trauma from the diovrce. Ther legal knowledge and expertise looks good in court, especially when the case ends satisfactorily in your favor. Lawyers speed up the divoce process, look out for your best interest and keep the process as smooth and lighthearted as possible.

Don’t be Unrealistic

We may want a lot of money, the houses and the cars, and the pets from our spouse. We may never want to see the kids again or have other unreasonable expectations that come from anger we hold within. Don’t be unrealistic during the diovrce. There is less hurt when the divorce decree is handed down if you are realistic with the divorce and the anticipated outcome. This is yet another area where lawyers benefit their clients, since they can help them maintain realistic expectations.

Divorce causes many strong, overwhelming emotions for many people facing this life-altering experience. Couples who’ve been together for many years as well as couples still in their marriage infancy may find these emotions a part of their divorce. It is a sad part of life, with some 41 percent of all first marriages ending in divorce, but one that we must accept should it occur. Be prepared, be realistic, and follow the above information for satisfactory outcome in our divorce case.

About Prenuptial Agreements

Back in the 80’s prenuptial agreements, also known as antenuptial or premarital agreements, grew popular in American culture. Referred to as a prenup for short, a prenuptial agreement is a contract signed by two people who intend to marry.

The relevant statutes in the Golden State lay out the rights and obligations of domestic partners and spouses. A few of these rights can be renegotiated and modified by an agreement. Spouses may decide on certain terms in advance. Stipulations can even be decided for the eventuality of the untimely death of one of them. 

The stipulations in a prenup can diverge from the default statutes under the present state legislation.  If this is something one or both fiances are interested in, then a prenuptial agreement is the route to accomplishing it.

Can I Sign a Prenup Without a Lawyer?

If you are on the receiving end of the prenup, then having legal counsel at the time you sign is wise.  That said, you are at liberty to waive your right to an attorney and sign the prenup without a lawyer at your own risk.

Signed Without a Lawyer: Enforcing a Prenup 

For the court to say that a signature on a prenup was actually voluntary, the party who was presented with the prenup must have either talked to legal counsel of their own choosing, or they must have, in writing, forfeited their right to representation.

According to California law, said person had to be allowed a minimum of seven days to consult an attorney before they sign a prenuptial agreement. Let’s say Serenity and Josh are engaged to be married.  Josh’s lawyer draws up a prenup and sends it to Serenity to sign.  If she has no lawyer to represent her, a court may ask her to present a clear and complete explanation as to the contents of the contract to show that she understood what she was signing.

Although the law does not mandate that either party is obligated to have legal representation, courts will more heavily scrutinize a prenup signed by a party that didn’t have independent legal representation. In scenarios like these, especially if the prenup contains enough clauses that are unjust to the party that didn’t have a lawyer or if there are concerns about coercion or duress, a court might invalidate the prenup altogether.

Can I Be Sure if My Prenup is Valid?

For a prenup to be valid, it must be in writing and signed by both parties. The agreement might later be modified or revoked after the couple has already married each other. Changes like these also require a written contract signed by both of the spouses. It is worth noting that because of the unique and intimate kinship that naturally exists between married couples, the mere discussion of a prenup can raise suspicions of undue influence.

The law states that the intimate, fiduciary link between spouses “imposes a duty of the highest good faith and fair dealing on each spouse.” Family courts retain the right to penalize any violation of fiduciary obligation. 

To be clear, there aren’t any fiduciary relationships between couples who have not married yet. The presumption of undue influence would not apply to that case.

The Scope of a Prenup in California

Some key limits of the scope of a prenups are:

The right of a child to receive support cannot be interfered with affected by a prenup

  • A judge will only enforce clauses that reduce spousal support below what the law provides if the spouse who is affected had the chance to get legal representation at signing.
  • If the courts determine that a waiver of spousal support is unconscionable, they have the power to decide not to enforce it and award support. 
  • If the prenup requires one or both signers to commit crimes or otherwise break laws or public policy, it is invalid. 
  • Life-style clauses, like clauses dictating details of sexual relations, normally cannot be enforced by courts.

Uniform Premarital Agreement Act

Take a look at all the applicable statutes connected to prenups in California by referring to The Uniform Premarital Agreement Act.