Heidi D. Collier, APCHeidi D Collier, APC2024-03-07T23:42:28Zhttps://www.heidicollierlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1200542/2020/12/cropped-Fav-Icon-32x32.jpgOn Behalf of Heidi D. Collier, APChttps://www.heidicollierlaw.com/?p=477462024-03-07T23:42:28Z2024-03-07T23:42:28Zfate of a yacht in divorce can be determined by a couple or by a judge, if a couple can’t reach a mutually-agreeable arrangement.
Division of assets
In community property states like California, assets acquired during the marriage are considered joint property and spouses’ interest in them are typically divided equally. If a yacht is marital property, it might be sold, with proceeds split between the parties, or awarded to one party, possibly with an arrangement to compensate the other through the award of different assets.
Many high-net-worth divorces are settled out of court to avoid public scrutiny and protect privacy. In these cases, the division of spouses’ interest in a yacht may be negotiated as part of a larger settlement agreement.
Operational and maintenance considerations
Yachts require significant operational and maintenance expenses. In some cases, the decision about the yacht's fate may be influenced by the willingness or ability of one party to bear these costs post-divorce. If neither party desires to keep the yacht due to its upkeep, selling it and dividing the proceeds becomes a practical solution.
Emotional attachments and practical use
The emotional significance of the yacht to either party can also play a crucial role in determining its fate. If the yacht is a cherished asset or closely associated with personal memories, one party may be more inclined to fight for its possession. On the other hand, practical considerations, such as the frequency of use and the yacht's logistical arrangements, can influence the decision to retain, sell or transfer the yacht.
Anyone going through a high-asset divorce should ensure they have proper legal assistance. Every decision can have a significant impact on the future, so they must all be considered carefully.]]>On Behalf of Heidi D. Collier, APChttps://www.heidicollierlaw.com/?p=477452024-03-05T18:55:54Z2024-03-05T18:55:54ZSetting the property's value
All too often, spouses refer to the purchase price for the property when deciding what the home is worth during their divorce proceedings. Unless they acquired the home in the last few months, the chances are quite good that the property's value has shifted dramatically since its initial acquisition. People may need to work with an appraiser or a real estate agent to determine the current fair market value of the property if they cannot agree on a reasonable value for the home.
Deciding short-term possession
People sometimes hear stories that claim that a spouse who moves out of the home loses their right to the property in their divorce proceedings. Sometimes, that particular misconception might lead to both spouses refusing to move out until they attend mediation or have a hearing in front of a California family law judge. It can be very difficult for spouses to agree on who should maintain short-term possession of the home during the divorce, especially if both would prefer to keep the home after the divorce.
Dividing the home's value
Whether the spouses agree to sell the home or have one person stay there after the divorce, the other should receive an appropriate share of the accrued equity in the home. The community property rules in California theoretically give someone an interest in roughly half of the equity accrued during the marriage, but that can be hard to obtain. Not every couple has other assets that are worth an equivalent value when compared with the equity in the home where they live. Although refinancing can sometimes be a solution, one spouse may not be able to qualify for a mortgage if they must withdraw a substantial amount of equity to compensate their spouse.
Individuals who are familiar with California's community property statutes and focused on their long-term financial stability after the divorce may have an easier time handling potentially complicated property division matters. To that end, seeking legal guidance proactively can be beneficial when so much is at stake.]]>On Behalf of Heidi D. Collier, APChttps://www.heidicollierlaw.com/?p=477442024-02-22T16:35:02Z2024-02-22T16:35:02ZNo two marriages are identical -- and the same can be said about divorces. Some divorcing spouses can remain calm and reach a divorce settlement quite quickly. For others, the process doesn’t always go so smoothly.
Outlined below are some factors that can significantly increase the complexity of a divorce.
High-value assets
Divorces that involve splitting high-value assets can be complicated. For instance, a couple may have multiple properties across the state, country, and even internationally that need to be valued and subjected to property division. This can take a considerable amount of time and effort. Things can also become more complex if the couple has a family business together. Questions that will need to be considered include:
Who will run the business post-divorce?
Will one spouse have to be bought out, and for how much?
What did each spouse contribute to the business?
How will a spouse’s lifestyle be affected if they leave the business?
All of this is on the assumption that both spouses are open and honest about assets. If one spouse attempts to hide assets, then matters become even more complex. Full financial disclosure is fundamental to community property division in California.
Custody agreements
Divorce between two consenting adults can be complicated enough. However, when the couple has children, matters become more tricky and solutions must be sensitive to their needs. Key custody questions that must be answered include:
Who will the child live with?
How often will they see their other parent?
How will work schedules impact custody?
The family courts in California will always work to ensure that custody agreements meet the best interests of the children. These are just some aspects that can complicate a divorce, Alimony, child support and debt obligations are some other factors that may need to be considered. As you navigate the divorce process, having legal guidance behind you will be helpful. ]]>On Behalf of Heidi D. Collier, APChttps://www.heidicollierlaw.com/?p=477382024-02-05T00:12:41Z2024-02-05T00:12:41ZAdultery violates military rules
The uniform Uniform Code of Military Justice imposes strict standards for personal conduct on servicemembers that do not apply to civilians. The prohibition on adultery included in Article 134 of the UCMJ is an example of those unique rules. The average person accused of unfaithfulness faces a little more than social stigma and potential financial repercussions.
Someone in the military could face disciplinary measures, and there could be major career consequences. Especially when an extramarital affair occurred during someone's service and may have affected how they perform their job, they could be at risk of numerous career penalties.
Those preparing for a military divorce related to adultery may need to learn more about the rules that govern such cases and proactively seek to keep the details of their divorce out of court. Learning about the unique factors that separate military divorces from civilian ones may help people better prepare for their day in court.]]>On Behalf of Heidi D. Collier, APChttps://www.heidicollierlaw.com/?p=477372024-01-25T12:55:07Z2024-01-25T12:55:07Zsigns your marriage may be ending can help you prepare for what may be coming next. A team of researchers has determined that the following factors may be red flags that a marriage may not ultimately last.
How you begin difficult conversations
Talking about problems can help you work through them. However, the researchers found that those who started difficult conversations abruptly rather than politely easing into the topic were more likely to divorce. Phrases like “You never” or “You always” are also concerning.
Being overly defensive
When your partner comes to you with a complaint, do you thank them for sharing it, consider whether there is some truth to it and try and imagine things from their point of view? Or do you jump straight on the defensive? Defensiveness is a problematic sign in a relationship.
Failing to engage
To work through your problems, you need to talk about them. If your partner ignores or blocks your attempts to have a difficult conversation or zones out, you won’t be able to improve things.
You treat each other with contempt
Whether it is both of you doing this or just one of you, it’s an indicator the marriage is likely coming to an end. Contempt signals a lack of respect for the other person, and mutual respect is vital for any functioning relationship.
If you spot any of these warning signs, you may benefit from seeking outside help. You could try getting therapeutic help to improve things or legal help to learn more about what a divorce would entail. What’s sure is that you need to take some kind of action because your relationship is sending you warning signals that require your attention.]]>On Behalf of Heidi D. Collier, APChttps://www.heidicollierlaw.com/?p=477362024-01-12T14:46:54Z2024-01-12T14:46:54ZFor more divorced parents, the hardest thing about ending their marriage is the fact that they have to split their child’s time with their co-parent.
It can be frustrating, too, to know that your co-parent often has to rely on a sitter for your children when it’s their parenting time due to work, school or social obligations – especially if you’re available. You’d love to have that additional time with your child.
A right of first refusal clause may help
It’s not unreasonable to ask for a clause in your parenting plan that gives you the “right of first refusal” when it comes to situations where your co-parent needs childcare. Typically, these clauses generally require whichever parent needs childcare to call the other parent first – before asking someone else to take the job. In other words, if your ex-spouse suddenly gets called out of town during their week with the kids, they would have to ask you if you want to take care of the children until they get back. Only if you fail to respond within a specified time (which can be written into the clause) can they proceed to get childcare help from a paid sitter, nanny, grandparent or another relative. It’s important to understand that these clauses typically work both ways, so whatever rules are imposed on one parent are usually also imposed on the other. When handled correctly, however, they can often increase the time a parent has with their child – and keep them out of the hands of other caregivers that may or may not be trustworthy.Child custody can be fraught with difficulties. Legal guidance can help you make a parenting plan that works for your family’s needs.
]]>On Behalf of Heidi D. Collier, APChttps://www.heidicollierlaw.com/?p=477342023-12-29T19:03:55Z2023-12-29T19:03:55ZWhen parents divorce, one of the major things that needs to be discussed is child custody arrangements. Child custody determines each parent’s legal and physical rights over their children.
Legal custody is a parent’s right to decide how their children are raised. For example, the parent with legal custody could decide whether their children go to private or public school, if they see a therapist or get medical treatment for a disability or if they have a religious upbringing or join a sport.Physical custody is a parent’s responsibility to provide a home to their children and uphold their daily routine. A child's daily routine can include where they live, when they’re fed or put to bed or how they're clothed. Legal and physical custody are often decided depending on the custody arrangement. Parents may be given a joint or sole custody arrangement. Here’s what you should understand about each:
Joint custody vs. sole custody
Parents can share legal and physical custody in a joint custody arrangement. Many courts believe that it’s in a child’s best interests to have parents share custody. Joint custody often means that both parents make major and minor decisions for their children together. Joint custody also means that parents may need to work out a daily schedule for their children. On some days, weeks or months, one parent is raising their children and the other parent is given opposite dates. This can help split the responsibility of parents and give children time with both.Some parents are not fit to raise children. Child custody may be given to one parent having sole custody. The parent with sole custody often has full control to decide a child’s upbringing and responsibility to home and care for them. The other parent may be given some visitation rights.Knowing what’s best for children isn’t easy for parents and courts. Parents often seek legal help as they discuss their child custody options.]]>On Behalf of Heidi D. Collier, APChttps://www.heidicollierlaw.com/?p=477312023-12-27T21:32:04Z2023-12-27T21:30:45Zmany reasons this is true, and while it may seem shocking, after understanding the reasons behind this phenomenon, it becomes easier to comprehend it.
Evaluating relationships during the holidays
The holiday season can act as a magnifying glass for married couples who are reflecting on the state of their lives and relationships in general.
When the time comes to evaluate their marriages, many married individuals realize they have not been happy for a very long time and decide it is time to part ways.
Fresh-start mentality
January serves as a symbol for new beginnings and fresh starts. Gyms are often full; people make resolutions and goals for the new year and the same is true for married couples.
In many cases, spouses may view the new year as an opportunity to break free from an unhappy marriage and embrace a new chapter in their lives.
Post-holiday financial realizations
Most married couples in the United States live paycheck-to-paycheck. Holiday expenses can strain finances and lead to heightened financial stress.
January, with its year-end financial assessments, may reveal the true cause for why these married couples are financially strained; it may shed light on the couple’s shopping habits, financial philosophies and goals, resulting in the decision to divorce.
Maintaining normalcy during the holidays
Married couples who are on the verge of divorce often wait until after the holidays to break the news and file for divorce.
These married individuals do not want to spoil the holiday joy for their families and many of them do not want to be the reason for ruining such a merry time, especially if they have children.
Once the decorations come down and reality sets in, they may decide to move forward with divorce proceedings.
The unique patterns surrounding January divorce filings may seem strange. In reality, however, it can make sense given the facts that January is often a month when most people reflect on their lives and decide about their future and what they want their future to look like by the time the next holiday comes around.]]>On Behalf of Heidi D. Collier, APChttps://www.heidicollierlaw.com/?p=477292023-12-14T18:57:31Z2023-12-14T18:57:31ZDivorce is often caused by financial issues in the couple’s life. There are certainly plenty of other reasons, from extramarital affairs to simply drifting apart over time, and money may not have anything to do with it. But there are also couples who may have a stable relationship otherwise, but who end up getting divorced because of these financial complications.
How could this happen? There are a wide variety of ways, but below are two common examples.
Financial infidelity
First of all, when couples are not honest with each other about their money, it is sometimes referred to as financial infidelity. Maybe one person is spending excessive amounts of money without telling the other. Or perhaps they are hiding money away, trying to keep those assets from their spouse. Maybe they’re spending money on an addiction or other problematic habits. When their spouse learns about this financial infidelity, it can break down the trust in the relationship, and that can lead to divorce.
Different financial views
It’s also important for couples to remember that they may just have very different views regarding their finances or their goals. One person could be focused on retirement and financial security, so they’re always interested in saving. The other person could be focused on the present and having experiences, so they are more likely to spend. These views may not be compatible – although neither one of them are necessarily right or wrong – and can lead to significant disagreements that eventually unravel the relationship.Finances can also play a big role in a divorce, especially when splitting up assets. Couples in this position need to know about all their legal options.]]>On Behalf of Heidi D. Collier, APChttps://www.heidicollierlaw.com/?p=477272023-12-01T15:16:59Z2023-12-01T15:16:59ZA child custody schedule determines how much time you and your child’s other parents spend with your child. This schedule is often made early in the divorce process.
Adjusting to a custody schedule can be difficult, especially if it appears it won’t work at all. Here are a few reasons you may need to alter your child custody schedule:
Are you planning on moving?
You may be moving because of better working or living opportunities after a divorce. If you’re planning on moving far away, the move could disrupt the current custody schedule. If it’s in the best interest of a child, a new child custody schedule may need to be discussed with the court.
Do you have a conflicting work or school schedule?
You may have had a child custody schedule that works around your work or school schedule. If your work or school schedule suddenly shifts and conflicts with your custody schedule, there could be issues upholding your responsibilities and obligations. If your new work or school schedule makes it difficult to take care of your child, you may need to make changes to your custody schedule.
Does your child need more attention?
Your child may have developed medical illnesses and require daily attention. If it’s harder for the other parent to uphold their custody hours because of your child’s condition and you’re taking on more hours to support your child, then a new custody schedule may need to be made.
Did your ex develop an addiction?
Divorce affects people differently. Your child’s other parent may have developed an addiction. Their addiction may affect your child’s well-being and safety. You may need to discuss with the court about your ex’s addiction and how a new custody schedule would help your child.
Did you and your co-parent agree to a change?
A child custody schedule change may be as simple as talking to your co-parent. Your co-parent may agree that an altered custody schedule would be best for everyone. If that's so, you can put together a new plan and present it to the court for approval.Wanting to make changes to a custody schedule doesn’t mean it will happen. Absent total agreement with you co-parent on the changes, it can help to have legal guidance as you present your case for a change to the court.]]>