Dividing Property in California Divorces

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May 10, 2012 /24-7PressRelease/ -- One of the major questions people have about divorce is how their property may be divided as the marriage ends. Through pop culture news and celebrity divorces, they may develop a notion that they are automatically entitled "half" of the marital estate. While there may be some truth behind that notion, the following article will highlight how real and personal property can be divided under California law.

Community Property

California is recognized as a community property state. This means that all property acquired through labor or skill during the marriage is presumed to be community property. Since the law recognizes that both spouses make contributions to the marriage, they are equally entitled to the assets and property they accumulate. Hence, the term "community property."

The community designation applies if only one spouse worked during the course of the marriage, as well as when a significant income disparity exists between the parties. As such, business interests, stock options, and retirement benefits earned by the parties may be divided.

Separate Property

Conversely, separate property is all property not included in the marital estate, and generally includes assets acquired prior to, and after, the marriage. Property acquired by gift or inheritance is commonly considered separate property, even if it is received by one of the spouses during the marriage. Since it is not included in the marital estate, separate property is not divided.

However, identifying separate property may be problematic, especially after it has been mixed with community property. Separate property could be used to purchase a family home or to finance a family owned business. Nevertheless, the law allows for separate property to be recouped even if it has been commingled with community property.

Equitable Division of Assets

Ultimately, the court's goal is to effect an equitable division of the assets. While the term "equitable" is commonly assumed to mean "equal", the goal is actually to reach a "fair" distribution. The court may award a larger share of the community assets to a spouse if property has been misappropriated or concealed by the other spouse. Also, it may award a specific asset (such as the family home) when the circumstances warrant, even though the value of the home may result in an unequal distribution.

Determining how property should be divided can be complicated process. If you have questions an experienced family law attorney can advise you.

Article provided by Hugh O. Allen
Visit us at www.thefamilyattorneys.com/

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President Obama Wages a War Against Marijuana

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SAN JOSE, CA, May 10, 2012 /24-7PressRelease/ -- A recent Rolling Stone article continues to point out the current administrations' "War on Pot" is very real and active.

After clearly stating in running for office that he would leave medical marijuana to local authorities to police, President Obama has backtracked and waged a huge war on marijuana. This includes cracking down on medical marijuana regulated by local authorities. This is a colossal waste of federal resources as well as being incredibly foolish public policy.

Even conservative law enforcement friends will generally admit off the record that they could not care less about pot and don't understand why we are still fighting this "war". It has been our experience at VIB Law that marijuana users don't have nearly the problems that regular alcohol usage causes. It is a running joke that we have never had a client state "I got stoned and got in a fight with my girlfriend". Alcohol on the other hand seems often to be in the mix for domestic violence and public fighting situations.

Unfortunately, many clients mistakenly believe that a Medical Marijuana card or a recommendation of usage from a doctor makes all marijuana usage legal. These clients are shocked when they end up being charged with possession for sale of marijuana or transportation of marijuana even when they have a medical marijuana card.

To make matters worse, Health and Safety Code 11359 (Possession of Marijuana for Sale) is a "non -alternative" felony. That means that a person charged with this crime can't have his or her case reduced to a misdemeanor. It also is one of the crimes that you are not eligible for drug diversion or "Prop 36" treatment programming. It is a very serious crime due to its potentially devastating future consequences for your record.

VIB Law supports current efforts to legalize, tax and regulate marijuana usage. In our opinion it should be kept out of kid's hands and away from schools. It should be illegal to drive when impaired. In other words, it should be treated exactly how we treat alcohol in our society. Marijuana has tremendous medical benefits for persons suffering from bi-polar disorder, sleep disorders and chronic pain. It is our opinion that "legal" medications for these health issues are often far more dangerous than marijuana. It is our experience that dispensaries are good neighbors in their community. Only ignorance is keeping this "War on Pot" alive.

Being charged with Possession for Sale of Marijuana or Transportation of Marijuana can have a devastating impact on your life. If you are potentially facing these charges, help safeguard your rights by hiring an experienced San Jose Criminal Defense Attorney today.

When you need the help of a San Jose criminal defense attorney, call the Law Offices of Valencia, Ippolito & Bowman at 877-7NO-JAIL.

Website: http://www.valenciaippolitobowman.com/

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California Move-Away Requests Settle Custody Issues After Relocation

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May 13, 2012 /24-7PressRelease/ -- As the economy continues on a path to recovery, more jobs are again being created in California and across the country. However, a move across the state or country is sometimes required for the right job.

The federal and state Constitutions guarantee the right to move freely across state borders. However, for divorced and single parents relocations can pose a challenge if the noncustodial parent believes that a move will be harmful for the children.

Parents who may be considering a nationwide job search or who have been offered employment in another state must consider the implications a move will have on their current child custody arrangement. Any potential move can disrupt a young child's life and may cause problems. Visitation with the noncustodial parent could also become more limited. Thus, a California move-away attorney should be consulted to ensure the proper steps are followed.

Child Custody Arrangement Following a Move

Under California law, custodial parents are entitled to relocate along with their minor children as long as the move does not "prejudice the rights or welfare of the child." If the request is made as part of an initial custody determination, the court decides what custody arrangement is in the child's best interests.

A custodial parent cannot plan to move solely to interfere with the noncustodial parent's visitation. The trial court may ask why the parent wants to move in an effort to make sure that the purpose is not to limit contact with the noncustodial parent.

As long as no improper purpose exists, the custodial parent does not need to show the move is necessary. If objecting to a move, the noncustodial parent must show that relocating will be detrimental to the children.

Other factors that the court will review in deciding whether to modify custody orders following the move-away request are:
- The distance of the move
- The age of the children
- The children's relationship with each parent
- The children's wishes, if they are old enough to express a preference

The children's interest in stability and continuity of custody arrangement may also be balanced against the disruption that a move might cause.

A recent California case found that in move-away cases the trial court must determine custody issues based on the premise the move will take place as planned. The question the court must resolve is not whether the parent is allowed to move, but what the custody arrangement should be if and when the custodial parent moves.

In the event that you need to relocate for a new position or you want to try to keep your children from moving, contact an experienced family law attorney. An attorney can help build a persuasive argument to protect your children's rights and support your position.

Article provided by The Law Offices of Burch and Coulston, LLP
Visit us at www.ocdivorce.net

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New York Bill Could Reduce Sentences for Domestic Violence Victims

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    May 12, 2012 /24-7PressRelease/ -- New York Bill Could Reduce Sentences for Domestic Violence Victims

With support from the Correctional Association of New York, the Junior League and advocates for victims of domestic violence, two New York legislators are promoting legislation that would allow judges to issue reduced sentences to domestic abuse victims who commit violent crimes in self-defense.

If passed, the Domestic Violence Survivors Justice Act would allow victims of domestic violence to receive shorter prison terms or alternative sentencing when convicted of crimes directly related to their abuse. Also, because the proposed law would apply retroactively, domestic violence victims currently serving time for convictions related to their abuse would be eligible to petition the court for re-sentencing.

For a victim of domestic violence to be eligible for reduced sentencing under the proposed law, he or she must demonstrate that each of the following three criteria are met:
-At the time of the crime, the defendant was the victim of substantial physical, sexual or psychological abuse by a relative, spouse or intimate partner
-The abuse was a significant factor in the crime
-Applying standard sentencing provisions would be unduly harsh

If the law is passed, over 200 women per year may be eligible for alternate sentencing when convicted of violent crimes directly related to their domestic abuse, the director of the Women in Prison Project at CANY told the Buffalo Law Journal. Of the approximately 2,000 women currently in state prisons, according to CANY, fewer than 175 could have their sentences reduced under the proposed law.

Opponents of the legislation argue that domestic violence victims already receive consideration when convicted of crimes related to their abuse, for instance by being charged with manslaughter instead of murder. Some people also argue that the proposed law may offer a "free pass" for criminal defendants in situations that were not truly a matter of self-defense.

However, as pointed out by the bill's co-sponsor, Senator Ruth Hassell-Thompson, D-Mount Vernon, the law would give judges discretion to decide whether or not to grant a petition for reduced sentencing. Without sufficient evidence that a reduced sentence is warranted, Hassell-Thompson said, frivolous petitions would be thrown out while legitimate arguments would be given consideration.

Domestic violence victims charged with violent crimes committed in self-defense should seek help from an experienced criminal defense lawyer to help defend their rights and fight to minimize the negative consequences of the charges.

Article provided by Adler & Karliner
Visit us at http://www.adlerandkarliner.com

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FAQs About Divorce

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    May 12, 2012 /24-7PressRelease/ -- FAQs About Divorce

Psychologists put divorce on par with the death of a loved one, losing a job and relocating as one of the most stressful events that a person can go through in life. In the face of such a dramatic life change, people often have several questions regarding transitioning from married to single with respect to finances, investments and real estate matters.

Money

One of the most common questions people have after divorce is: How do I handle my finances as a single person, after being part of a couple?

Experts suggest beginning by making a list of monthly income and expenses such as rent or mortgage payments, food expenses, clothing costs and utility bills. Such a list gives a person a realistic idea of his or her financial situation and how much disposable income he or she has each month. Another technique that can help people who may not have been responsible for paying the bills while married is to make a list of the due dates of each monthly recurring expense in order to keep track of when they need to pay bills.

Investments

A change in life circumstances such as divorce raises the question: How does divorce impact my long-term financial planning?

It is wise to seek the advice of a financial planner to review investments and retirement savings plans after a divorce. A professional can discuss investment options and offer advice on the amount a person needs to save and what types of investments will help a person meet his or her goals. After divorce it is also a good time to update any investment accounts a person has, reviewing the names on the accounts and the account beneficiaries.

Real Estate

Many people need to sell their homes after a divorce, and wonder: What are the most important things to remember when trying to sell a house?

Real estate experts advise sellers to make sure that the price they are asking for their homes are in line with the prices of surrounding homes in the neighborhoods. The next key element is to repair any defects that the house has in order for the property to appear in the best light to potential buyers. Additionally, a seller needs to ensure that the real estate agent they hire to sell the house is giving the home proper exposure to potential buyers through open houses, internet listings, neighborhood signs and print ads.

Article provided by Conner & Lindamood, P.C.
Visit us at http://www.lawcl.com

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Knoxville Bankruptcy Attorneys Clark & Washington Recommend Free Bankruptcy Consultation

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Clark & Washington
    ATLANTA, GA, May 10, 2012 /24-7PressRelease/ -- Knoxville bankruptcy lawyers Clark & Washington remind individuals facing bankruptcy in Knoxville to schedule a free consultation at their neighborhood Clark & Washington location.

With over 25 years of experience handling personal bankruptcy claims, the professionals at Clark & Washington know how hard it can be for Knoxville residents to find themselves struggling with the difficult decision to file for bankruptcy. The firm wishes to help make the process easier by offering free consultations to anyone in Knoxville who is considering filing for personal bankruptcy.

Many Tennessee families have really struggled during our great nation's recession. Staying financially afloat has become more and more difficult as the recession has worn on. The Knoxville bankruptcy attorneys at Clark & Washington know how easy it is to find oneself drowning in debt and want to offer the hope of a better financial future to all Knoxville residents.

Clark & Washington specializes in chapter 7 and chapter 13 personal bankruptcy filings. The company provides free consultations to help clients determine if filing for personal bankruptcy is the right move to solve their financial troubles. It also provides credit counseling courses and certificates, which are required by law to be completed within 180 days of filing.

If you are contemplating filing for bankruptcy in Knoxville, call Clark & Washington first to schedule your free consultation. The bankruptcy lawyers at Clark & Washington will treat you with the compassion and consideration you deserve during this tough time.

To learn more about filing Knoxville chapter 7 or chapter 13 personal bankruptcy or to schedule your free consultation, please visit http://www.knoxvillebankruptcyattorney.com/.

About Clark & Washington:

Established in 1983, Clark & Washington is now one of the leading bankruptcy filers in the Southeast, with locations in Georgia, Florida, and Tennessee. Clark & Washington specializes in personal chapter 7 and chapter 13 bankruptcy, and offers honest, helpful legal advice and assistance to those experiencing financial hardships.

For more information, please visit http://knoxvillebankruptcyattorney.com/

For all media inquiries, please contact:

Anne DeVito
Project Coordinator
Cardinal Web Solutions
http://www.CardinalWebSolutions.com

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