Do we have to go to court?

The short answer is no, you never have to set a foot in a courtroom if you and the other parent and/or spouse can reach an agreement (also known as a stipulation). An entire divorce action (status, property, custody, visitation, child support, spousal support and attorney's fees) can be served and filed by mail, negating the need for your feet ever to have to hit the courthouse steps.

Obviously this is a much faster and less expensive way to complete your family law matter...and may even beg the question, "If you get along so well, why aren't you still together?" Yet, I realize that many people make better friends than partners and the ability to co-exist and/or co-parent without acrimony is nothing but a plus for your children.

For more information regarding California Family Law contact Stone Law Group in Fresno at (559) 226-1910.

Insurance Policies During Divorce

Am I obligated to continue to pay for the other party's insurance costs after I file the Summons and Petition for divorce?

On the back side of the Summons, it specifically states exactly what restraint a party is under 1) when they file the Summons and Petition; or if they are the responding party, 2) when they are served with the Summons and Petition.

In that document it states that neither party is to cancel insurance for another party during the pending action.  That essentially means that up until the time a party receives the date of termination of status as stated on the the Notice of Entry of Judgment, they cannot terminate insurance coverage for the other party.

There are times, however, that folks lose their jobs, and by virtue of that, their insurance coverage.  That is unavoidable and would not necessarily be the active "canceling" of the other party's insurance coverage.

The basic point is that during the divorce process everyone is given time to make arrangements for their own upkeep, care and support.  No one should be surprised with sudden changes to insurance policies, which could be very costly.

For more information regarding California Family Law contact Stone Law Group at (559) 226-1910.

What is the Quickest Way to Divorce?

The quickest and least expensive way to bring your marriage to a conclusion is by agreement.  If the parties are able to agree on all issues (such as custody, visitation, property division, child support, and spousal support), then it is a relatively simple matter of memorializing that agreement in the proper legal format, having the parties sign the documents and filing the "Judgment" with the Court.  However, a judgment can be done relatively quick.  However, this does not make you a divorced person.  In order for the Court to terminate your status as a married person, six month and one day have to elapse following the service of the initial divorce documents (Summons and Petition for Dissolution of Marriage), have been served upon the other person.  Thus, you could have a Judgment for 'Divorce,' but not be a 'divorced' person yet.

Similarly, there are times that people will separate out the issue of their marital status from the other issues mentioned above and become 'divorced' before the property and/or custody have been decided.

A word of warning...You are not free to remarry until your marital status has been terminated; and just because six months and one day have elapsed, your marital status does not automatically terminate.  Documents must be filed with the Court for this to occur.

For more information regarding California Family Law contact Stone Law Group at (559) 226-1910.

Serial Marriage

With the passing of Elizabeth Taylor, a friend asked me if I wanted to do a tribute blog about multiple marriages.  Well my first thought was that someone watches too much television, because Ms. Taylor did not partake in multiple marriages (see Sister Wives); but enjoyed serial marriage. 

Serial monogamy -noun. a form of monogamy characterized by several successive, short-term ... Also called serial marriage. (via Dictionary.com)

I just figure someone like Ms. Taylor is what I call the "marrying kind."  It is easy enough in this day and age to simply have relationships without the benefit of 'a piece of paper' as they say.  But, then there are those who believe 'this is it!'  Romantic?  Idealistic?  In love with love? I like to think so. 

Yet, in order to partake in serial marriage, you would have to deal with the flip side of that...serial divorce.  Marriages end through a variety of ways (death, affairs, substance abuse, violence, or just a bad idea to begin with). I choose to believe, for the most part, when two people decide to unite in marriage, their hearts are in the right place, maybe not their minds, but their hearts.  Certainly, there is that initial 'in love/lust' stage when most of us have made some hasty or less than wise choices.  The true test becomes how we deal with the choices we've made.  I make my living helping people walk through the aftermath of a failed relationship.  Someone once asked me what I liked best about my job and while I believe that litigation is sometimes necessary and unavoidable, my career provides some satisfaction when we are able to help people reach agreements that best suit them and their children.  

I have many clients who state "I'll never marry again!"  First, I don't believe it; and, second, if it's true, how sad for them.  I am a firm believer in marriage.  I love marriage and I love being married.  And, I am also one who has erred in the past.  My only (armchair psychologist) advice is not to ignore those red flags.  The 'I can fix him/her' mentality is dangerous, stupid and unfair.  Someone once said to me, "If the relationship never gets any better than this, is that okay?" 

Let's just say, I hope you get it right the first time.  There's nothing more satisfying than a long healthy happy marriage. Can I fault someone who was seeking that same thing?  No way.

For more information regarding California Family Law contact Stone Law Group at (559) 226-1910.

Image: Salvatore Vuono / FreeDigitalPhotos.net