Can I change my name in a divorce?

Experienced family law attorneys will explain to clients that not only can you change your name back to your maiden name in a divorce, you can actually choose an entirely new name! Our experience has been that the Court has no concerns regarding a name restored; former or otherwise.

Is a divorce right for you?

There are several potential pros to getting a divorce, including:

1. Improved quality of life: If a marriage is unhappy or unhealthy, getting a divorce may improve an individual's overall quality of life.

2. Personal growth: Going through the process of a divorce can be an opportunity for personal growth and self-discovery.

3. Improved mental health: Being in a toxic or unhappy relationship can have a negative impact on mental health. Getting a divorce may improve mental health by allowing an individual to move on from an unhealthy situation.

4. Freedom and independence: Divorce allows individuals to have more freedom and independence, as they are no longer tied to their spouse.

5. Opportunity to start fresh: A divorce can provide an opportunity to start fresh and create a new life, whether that involves finding a new partner, exploring new hobbies, or making other positive changes.

It's important to note that every situation is different, and the pros of getting a divorce will depend on the specific circumstances of the individuals involved. It is always a good idea to carefully consider all options and seek the advice of a trusted friend, family member, or professional before making a decision about divorce.

What can I do if Respondent is evading service?

When conflict is high and there may be issues of domestic violence, we often see that Respondent’s avoid service. Typically this is because they are aware that they have done something unlawful or inappropriate and they are trying to avoid the legal system. Unfortunately, the decision to evade service can be extremely costly to the Petitioner or the person asking for the protection.

Thankfully, in 2018 the law was amended such that under Family Code 6340, if at the time for a Temporary Restraining Order hearing the restrained party has not been served and it appears that s/he is evading service, the Court has permission to order an alternative form of service.

This means that if you are having trouble serving the other side for a Restraining Order hearing you can now as the Court to order service by an alternative means.

If you are having difficulty with serving your ex, Contact Amanda at Amanda@gordonfamilylaw.com to learn more information. 

When is potential income from stock options considered income for child support?

In California we have limited case law dealing with stock, stock options, and equity compensation as a form of income available for support. Typically stock options are payable as a form of bonus support using an Ostler Smith chart.

A recent 2018 case Macilwaine the Court has now given some clarity on the issue of stock options. In Macilwaine the Court held that once there are no legal restrictions on the employee-parents ability to exercise stock options and sell his or her shares, the options MUST be counted as “income” under Family Code 4058. The available compensation is the market price less the strike price.

This means that if you have stock options you must pay child support on the value of the stock the minute it becomes available for exercise (unless there are legal restrictions on selling). As the employee spouse who pays support you are not required to exercise the stock options but you must pay support AS IF you have exercised the options.

Contact Amanda at Amanda@gordonfamilylaw.com to learn more information. 

I cannot locate my spouse, can we still get a divorce?

Experienced Bay Area Divorce Attorneys know that sometimes a client cannot find their ex.

It may have been many years since you have been separated and you have lost lost touch with their spouse.  You may not know where your spouse is living or have any contact information.

The fact that you cannot locate your spouse often makes it much more difficult to finalize your divorce.  This is because the first step in filing for divorce is serving the other person with paperwork.  If you cannot locate your spouse, you cannot serve them with paperwork. The failure to serve the other person with paperwork will result in your divorce not going through. 

In these situations our recommended first step is typically attempting to find the spouse with the help of a private investigator.  

If we cannot find someone’s spouse despite diligent attempts by our private investigator, then we can apply to the Court for a request to serve your spouse by publication.  California Code of Civil Procedure §415.50 permits a summons to be served by publication upon demonstration by affidavit that the party cannot be served with reasonable diligence personally, by mail, or by substitute service and that party, and that a cause of action exists against that party, or that a person is a necessary party, or the party claims an interest in real or personal property that is subject to the jurisdiction of the court.

We have found at Gordon Family Law that the Court will grant service by publication only if we have made diligent attempts to locate the person, including hiring a private investigator and sending mail to the last known address.

If you are trying to finalize your divorce and cannot locate your spouse, Contact Amanda at Amanda@gordonfamilylaw.com to learn more information and to see if our offices can help.