Solana Beach Family Law Blog

Musician's daughter loses guitar in divorce property division

On behalf of Ratzer Family Law posted in Property Division on Thursday, May 17, 2018.

A treasured heirloom is no longer in the family. Frances Bean Cobain, daughter of late Nirvana front man Kurt Cobain, recently divorced from her husband of two years. In the ensuing property division, a judge ruled that the ex-husband will be allowed to keep a prized guitar formerly belonging to the musician. California fans of Nirvana may be interested to learn more details about the incident.

The guitar in question is a Martin acoustic guitar used by Kurt Cobain during the famous MTV Unplugged performance in 1993. Kurt Cobain committed suicide the following year. The guitar itself is valued in the millions of dollars. Ms. Cobain's ex claimed that the guitar was gifted to him by the musician's daughter.

Divorce mediation can help individuals avoid litigation

On behalf of Ratzer Family Law posted in Divorce Mediation on Wednesday, May 9, 2018.

Ending a marriage can be a trying and stressful time, but options do exist that can facilitate a speedier and cheaper solution. For some individuals considering dissolving their union, divorce mediation is an option that offers solutions for their needs. While divorce mediation may not be right for every California divorce, many will find this option to be appealing and achievable.

Those looking for an alternative dispute resolution process will see that mediation offers several benefits. If the two parties agree, they can choose to work with a neutral third party who will facilitate meetings and help the pair reach a divorce settlement that is agreeable to both and legally binding, usually within a few sessions. The mediator typically does not give legal advice but instead provides information and guidance while allowing the two parties to make their own agreements.

Child custody often calls for co-parenting

On behalf of Ratzer Family Law posted in Child Custody on Thursday, May 3, 2018.

Raising a child is a group effort. While the old saying says "it takes a village," most of the responsibility will go to the child's parents. When parents separate or divorce, they will typically create a child custody plan. Since, these days, most parents in California are sharing custody to some extent, this means that parents may need to learn to effectively work together, even though they are no longer romantically involved.

Some experts recommend separating out one's emotions about the issue in order to get through the more difficult periods of divorce. Keeping one's cool around the other parent helps the two people work together more effectively. Saving emotional outbursts for safe spaces away from the children keeps them from being exposed to turmoil and negativity. Individuals should try to communicate with their ex in the way in which he or she would like to be communicated. Some people find success by approaching communications like a business partnership.

Can I reduce my child support obligations ahead of retirement?

On behalf of Ratzer Family Law on Thursday, May 3, 2018.

If you are paying court-ordered child support for a dependent, or spousal support for a former husband or wife, it is likely that you will already be familiar with the process of establishing financial support orders. Usually, the process is quite uniform, and the amount owed will be simply calculated based upon the number of dependent children and the income you earn.

As you get closer to retirement, you will probably become more conscious of the savings that you have, and wonder whether you will be eligible for reduced child support or alimony payments because you are approaching the end of your career.

Child custody order sets guidelines for school pickups

On behalf of Ratzer Family Law posted in Child Custody on Thursday, April 26, 2018.

Parents who are ending their marriage will need to settle the issue of how to care for children. During the divorce, the parents work together to create a child custody order that is in the child's best interests. California parents can choose shared or sole legal and/or physical custody, depending on the needs of the family. Whatever situation is called for, the order is binding and will set the guidelines for how the child is transported to and from school and what type of contact the child will have with the parents while he or she is in school.

Schools can then take the information provided in the order and implement policies that ensure the order is not violated while the child is in their care. For example, if a child custody or a restraining order prevents one parent from transporting the child, the school office can maintain a record of this order and disallow an unapproved individual from removing the child. Parents can aid school officials in this effort by sharing relevant court order early on.

High asset divorce for basketball couple

On behalf of Ratzer Family Law posted in High Asset Divorce on Thursday, April 19, 2018.

Two professional basketball players have reached a final settlement after a breakup. The pair, both stars in their chosen profession, have earned a lot of money playing the sport, making theirs a high asset divorce. They are also parents who will be determining support and custody for their child. California residents may notice an unusual twist to this divorce -- the ex-wife will be paying alimony to the husband.

The two originally married in 2008. At the time, the wife, Candace Parker, was well on her way to being known as one of the biggest stars in WNBA history. The marriage came a short time after the husband, Shelden Williams, was selected as number 5 in the NBA draft.

During high asset divorce, couple exchange net worth information

On behalf of Ratzer Family Law posted in High Asset Divorce on Thursday, April 12, 2018.

A famous politician and his wife are calling it quits. Former mayor Rudy Giuliani and his wife have decided to end their marriage after 15 years. The split promises to be a high asset divorce, and both couples have already retained counsel for what will likely be a contested divorce proceeding. California couples observing the news may find some information to assist them in their own marital dissolution proceedings.

The divorce, which will be Giuliani's third when it is finalized, was recently announced. Just one day after his wife filed for divorce, the former mayor, through his attorney, requested a statement of the women's net worth. Her attorney replied in kind, also requesting a statement of Giuliani's net worth. The couple owns several properties between them, and the politician's speaking engagements have netted him millions over the years.

Divorce mediation can help with a peaceful divorce announcement

On behalf of Ratzer Family Law posted in Divorce Mediation on Wednesday, April 4, 2018.

Recently, movie stars Channing Tatum and Jenna Dewan Tatum announced via social media their intent to break up. The divorce announcement was mutually posted on each person's social media, and the message was civil, amiable, loving and private. Many California individuals are looking to separate from their partners in a similar fashion. A divorce mediation can be the process that supports a person's desire to keep a marital breakup friendly and fair.

The experts believe that there is a way to announce one's intent to divorce in a fair way that honors one's previous relationship with a partner while also respecting one's own needs for independence. If the parties have a child together, keeping things friendly can have added value for the future co-parenting relationship as well as the well-being of any children. When couples are able to work together as a team to close out the marriage, they honor themselves and the process of divorce.

How can hidden assets impact the outcome of your divorce?

On behalf of Ratzer Family Law posted in blog on Thursday, March 29, 2018.

Deciding to file a divorce in California can leave you with uncertainties about the future. Unless you have a legally valid prenuptial agreement on record or can agree on all the terms of your divorce, the court will make all of the most important decisions on your behalf. While there may not be any sure way to predict how the courts choose to divide your assets, looking at the law and the general practices of the court can help you understand what to expect.

It's completely normal to worry about the outcome of the asset division process, as well as any child custody or support proceedings. Sometimes that worry can inspire one spouse to choose to hide certain assets from the other spouse or the court in order to sway the proceedings in his or her favor. Investigating hidden assets can reduce the risk of them adversely impacting your divorce.

Tribal authority, state in dispute over child custody case

On behalf of Ratzer Family Law posted in Child Custody on Wednesday, March 28, 2018.

Parents claim that their child was snatched from them due to false allegations of abuse. A state senator has spoken out, asserting that the tribe overstepped its legal bounds. Unfortunately, a newborn child and two others are caught in the crossfire. This child custody battle, recently covered in the news, may parallel similar cases in California.

The mother of the children is a member of the Native American tribe, as is the children's grandmother. The grandmother currently has custody of the child. The parents say that the child was taken from them in the hospital just two days after the birth. The parents also claim that the grandmother made false accusations of abuse in order to gain custody of the woman's three children, simply because the father was white.