Hartley, Maxwell, & Castellano Attorneys at Law
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Let Us Help You. Call Today. 805-919-8346

January 2019 Archives

There are complications to bankruptcy during or after divorce

Bankruptcy, by its very nature, is difficult for many people to navigate. It requires complex legal and financial paperwork, as well as excellent organizational skills. The requirements often intimidate those who could benefit from the protections of bankruptcy.

Federal government changes definition of domestic violence

The Department of Justice’s Office on Violence Against Women quietly made changes to its definition of domestic violence last April. Under the Trump Administration, it has rolled back far-reaching rules instituted by the Obama Administration that were vetted by domestic violence experts. The new approach defines domestic violence primarily as a criminal concern, either as a felony or as a misdemeanor that involves physical assault or sexual violence. The individual charged can be a spouse, person living under the same roof, intimate partner or someone with whom the victim shares children. The charges can apply to either an adult or a minor.

Filing for divorce using mediation

Mediation is notable for being an alternative form of dispute resolution. It is a form of collaborative law that usually avoids courtroom litigation, which in turn reduces the stress upon the family, the expense of the divorce process and can even provide a format for parents who must continue to work together while raising children. It is also appealing to some for being more private because records of court litigation are generally available to the public.

World's richest man announces divorce

Some in the media practically shouted the headline that Amazon CEO Jeff Bezos was getting divorced. That in itself was not the issue, it was the fact Jeff and MacKenzie Bezos did not have a prenup despite the fact that Bezos is worth an estimated 137.1 billion dollars. In a gesture that may be seen as noble by some and foolish by others, the couple's divorce is an amicable one and they are splitting the estate in half.

Sometimes Legal Separation is the Best Option

Separation may be the best option for some couples. It can be a major step towards divorce, it can be an end unto itself, or it can even act as a break while the couple tries to regroup. These can be informal, or they can be more formalized by filing for legal separation or drafting a legal separation agreement. Preparation of a Judgment of Legal Separation is necessary to formalize the agreement.

A homemaker or stay-at-home parent can receive assets in divorce

When you marry someone, you join your financial situation with theirs. While you can't control every financial decision your spouse makes, you still share in the responsibility. Similarly, your spouse will share in any assets you acquire unless you agree to terms in a prenuptial agreement that protects your individual incomes.

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Hartley, Maxwell, & Castellano Attorneys at Law