Family Law Attorney
Playa Vista: (424) 500-2983
Century City: (310) 310-2236
evan@evanbraunsteinlaw.com

evan@evanbraunsteinlaw.com

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How to Move on after Divorce

Monday, April 22nd, 2019
Categories: Blog, Filing for Divorce

Divorce might feel like the end of the world. Having seen yourself as part of a couple for years, you now must return to being single. Many people struggle with the adjustment.

Helpfully, there are concrete steps you can take that will allow you to move on after your divorce. As a seasoned Los Angeles divorce lawyer, I have seen some clients flounder after receiving their divorce decree, but I have also seen many more clients flourish. Here are tips for living your best life after divorce.

First, Mourn

You aren’t doing yourselves any favors if you don’t allow yourself to mourn the loss of your relationship. As WebMD recommends, you should make a space for these negative emotions but don’t dwell on them. One option is to keep a diary in which you write about feelings of grief and unhappiness, but once you close the diary, you try to maintain a positive outlook.

Get Physically Active

Being physically active will help you feel better—just the release of endorphins should lift your mood. However, physical activity is also something that can occupy your mind and allow you to meet people. Join a pickup basketball league or a walking group. Take up tennis, golf, or bowling. Whatever you do, don’t do it alone.

Accept Yourself

This is a tough one. After a divorce, you might blame yourself for the marriage’s failure. You need to forgive yourself for your flaws. No one is perfect.

Of course, this is easier said than done. Just how do you learn to accept yourself? One way could be to take up a creative hobby, such as memoir writing, which allows you to think critically about your life but in a non-judgmental way. Writing a memoir could be a way to figure out who you truly are.

Try Something New

Life immediately after a divorce might seem topsy-turvy. You could be trying to find a new place to live and handling childcare responsibilities on your own. However, this is the perfect time to do something different. Do something you were too afraid to try before. Some options include:

  • Get a different haircut. Women could try a pixie cut while men could shave their entire heads bald.
  • Go on a trip to someplace new, even if it is only for the weekend.
  • Take a college class in a subject that has always interested you. There are many night classes or weekend classes for people who work.
  • Pick up a new hobby, such as dancing or pottery. Remember, choose something that you have been afraid to do before.

 

Instead of focusing on returning to who you were before you were married, you can make personal growth the focus of the next few years.

Date When Ready

You might hate being single. Some people really hate being single. Also, your ex could have immediately remarried right after the divorce, so you might feel pressure to get into a relationship.

However, it’s best to wait until you are truly ready. A little alone time can’t hurt, and you shouldn’t compare yourself to your ex. You’ll know when you want to get back out onto the dating scene, so trust your instincts.

Los Angeles Divorce Attorneys Who are Here for You

If you are preparing for divorce, call us. We can help you with the process. Please call 877-721-4551 to schedule a free initial consultation, where we can answer your questions and help you learn about your legal rights.



When Is it Time to Divorce?

Monday, April 8th, 2019
Categories: Blog, Filing for Divorce

Marriage is never easy. Even the most happily married couples fight and sometimes endure years where they question whether they really want to remain married. So when is it time to pull the plug and call it quits?

As an experienced Los Angeles divorce lawyer, I realize that the decision whether to divorce is a personal one which no one else can make. The following includes some helpful questions you should ask yourself. The answers might give you the information you need to pursue a divorce.

Can you Manage the Consequences of a Divorce?

Divorce rarely goes smoothly. Among other problems, you will probably face:

  • Your children being emotionally hurt from the divorce
  • Your spouse feeling devastated
  • Friends choosing your ex over you

If you cannot imagine these consequences, then you might want to delay divorce and work to save your marriage.

Are You Reacting Emotionally to Something?

Sometimes, people threaten divorce because they are angry. You might have felt that you have lost control, or you might threaten divorce to shake your spouse out of complacency and to force change. These are not real demands for a divorce but instead, are inadequate means of expressing yourself.

However, if you calmly feel that divorce is right for you, then it could be time to file. Ask yourself, “What is my goal when I threaten divorce?” If the answer is anything other than “to finally divorce,” then you might not be ready.

What Are Your Feelings for Your Spouse?

Marriages have problems that can be worked on, such as a lack of intimacy or struggles around money. The key is to focus on whether you still have strong positive feelings for your partner. In a word, do you still “love” him or her? If you do, the marriage could be worth saving.

However, you also need to take a close look at your marriage. Some couples are married in name only but have focused solely on their own needs. Did you feel that you and your spouse worked together as a unit? Did you use “we” language more than “I” language when discussing your goals and dreams? You can’t save a marriage if you never really had one.

Do You Have a Pursuer-Distancer Relationship?

Many couples end up adopting this type of relationship: one spouse tries to increase intimacy while the other tries to gain some distance. These become roles that ultimately lead to eroded trust. To save the marriage, both partners will need to commit to breaking the pattern, otherwise, you should probably divorce.

Meet with a Los Angeles Divorce Lawyer

Not every marriage can be saved, and divorce is often the first, painful step to a more fulfilling life. If you are considering divorce, or if you have received divorce papers, please get into contact with us. At the Law Offices of Evan Braunstein, we represent men and women in the divorce process, and we can explain your rights to you.

Please contact the office to schedule a free initial consultation.



How Divorce Modification Works in California

Wednesday, March 27th, 2019
Categories: Blog, Modification of Order

When a divorce is finalized and a judgment is issued by a court, that judgment is typically permanent, and parties to the divorce are expected to adhere to it. However, as life circumstances change, a divorce order can be modified to fit the needs of the divorced parties. As your Century City divorce lawyer, I can competently guide you through the process of seeking modification of your divorce order in California. This article explores the different aspects of divorce modification, what it is, and how to navigate a modification order if your circumstances require it.

What Issues in a Divorce Order Can Be Modified?

Only certain elements of a divorce judgment are eligible for modification. This includes child custody arrangements, child support, and/or spousal support. Property division determinations are not modifiable, meaning that once the divorce is finalized, the division determination issued by the court is final.

When Can a Divorce Judgment Be Modified?

In order to change a spousal support order, child support order, or child custody arrangement, the party who is petitioning for the modification must be able to demonstrate that a significant change in circumstances has occurred. The court will only warrant a divorce modification under specific guidelines, however, some of which include the following:

  • One party loses their job;
  • The child suffers an injury or illness that requires a change in the support order;
  • The amount of time that a child spends with each parent has changed significantly;
  • A parent has become incarcerated;
  • One parent has another child from another relationship.

There are a few other exceptions that serve as qualifying divorce judgment factors, but most of these are rare circumstances which I can review with you as a divorce attorney in California.

How to Start the Modification Process

If you want to change a divorce order, one of the best ways to start is to discuss the issue with your ex-spouse. Often, simply by talking to your ex, you can both reach an agreement about the modification, making the court petition for the change much easier (modifications that are supported by both parties are almost always approved).

In order to legally change a support order, you will need to fill out the appropriate forms and file them with the court. These forms can be provided to you by your lawyer, or are obtainable online.

If your ex is in disagreement about the change, you may need to mediate the issue, or even go to court to resolve it.

Working with an LA Divorce Modification Lawyer Is Recommended

Before you start the process of talking to your ex-spouse about modifying a divorce order or filling out the modification paperwork, I recommend consulting with a qualified LA divorce modification lawyer. When you consult with me, I can inform you as to whether or not you have a case for modification based on your circumstances, and if so, how to begin. I will help you gather the necessary paperwork and file all of the court documents on your behalf. In the event that the modification is contested, I will also represent you in court to ensure your rights are protected. To schedule a consultation with the Law Offices of Evan Braunstein, please feel free to call me directly or send a message.



How Child Custody Is Determined and Different Custody Arrangements

Wednesday, March 27th, 2019
Categories: Blog, Child Custody

Child custody in California refers to the allocation of decision making authority and parenting. There are several factors and laws that determine the fair division of a child’s time between parents, all predicated on the needs of their children. As you navigate the divorce process, it will be crucial not only to understand how child custody is determined but also to ensure that you have a dedicated LA divorce lawyer at your side. A divorce lawyer will go beyond simply providing you with the information you need to understand child custody arrangements and will advocate for you, your children, and the most advantageous results after a divorce.

Types of Custody Arrangements in California

The state of California recognizes both legal custody and physical custody. Legal custody is the legal right to make decisions about your child’s life, such as where the child will go to school, the religion in which the child will be raised, to where the child is allowed to travel, and medical decisions regarding the child’s health. Physical custody is the right to spend time with your child, thereby being responsible for providing for the child’s health, safety, clothing, shelter, food, and other aspects of their well-being.

Both types of child custody are considered joint or sole custody arrangements. A sole custody order means that one parent is solely responsible for the care of his or her child. A joint custody order holds that both parents will be responsible for the care of their child. A common arrangement is one in which both parents have legal decision-making power regarding a child, but only one parent has physical custody. In other situations, parents will share both legal and physical custody, or a parent may be awarded sole physical and legal custody under extenuating circumstances.

How Is a Custody Determination Made?

Courts in California urge parents to work together to form a parenting plan without the intervention of the court. While establishing such a plan incorporates many complicated factors, especially in a contested divorce, methods of dispute resolution, such as mediation, can be employed to help parties reach a solution.

If the two parties cannot reach an agreement on their own, they must turn to the courts in a child custody hearing. If a court is tasked with making a determination about legal and physical custody of a child, it will do so based on the best interests of the child. Factors the court considers in determining the best interests, as found in California Family Code Section 3011 include:

  • The health and safety of the child;
  • History of abuse relevant to any party involved;
  • The nature and amount of a child’s parents with both parents;
  • Use of controlled substances;
  • The relationship that the child maintains with other children in the family; and
  • More.

Call a Los Angeles Divorce Lawyer Today

If you are involved in a child custody determination suit, working with a skilled family law attorney who can advise you regarding your rights and your options is highly recommended. This is especially true if you and the child’s other parent cannot reach an agreement outside of court.  As an experienced Los Angeles divorce attorney, I have the expertise and commitment that you need to navigate your child custody order and can assist you throughout all stages of the child custody determination process. For your initial consultation, please call me today.



How Surrogate Child Custody is Determined in a Divorce

Monday, February 4th, 2019
Categories: Blog, Child Custody

Surrogacy is an arrangement where a woman agrees to carry a baby for another couple who is unable to have a baby on their own. Surrogacy is a complex process on its own, but if there is a subsequent divorce involved, determining child custody can be a contentious process. Depending on the type of surrogacy, the terms of the agreement, where are you in the process, and the parties involved, the outcome will vary. It’s crucial that you speak with a Century City divorce lawyer right away to get a clearer picture of your situation and what options are available to you.

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Can You Reduce My Alimony/Spousal Support Payment?

Wednesday, January 9th, 2019
Categories: Blog, Spousal Support

If you are getting a divorce in Century City and you are the higher income-earning spouse, it’s definitely possible that you will be asked to pay spousal support, also known as alimony, as part of your divorce settlement. How much you are asked to pay depends on a variety of factors. Here are some frequently asked questions our Century City divorce lawyer often hears from clients in regards to alimony and spousal support reduction.

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How All Types of Debt Are Divided in a California Divorce

Tuesday, December 18th, 2018
Categories: Blog

When a couple divorces, one of the most pressing issues that they will have to work together to resolve before a court will finalize their divorce is that of division of property and debts. Because California is a community property state, all community property (debts and assets alike) must be divided equitably amongst parties.

But what is considered community or separate debt can be confusing and even contentious. At the Law Offices of Evan Braunstein, our Century City divorce lawyer can help you to understand the various types of debt and how they are to be divided. Call today for more information.

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Understanding Uncontested Divorce and How to Achieve One

Friday, November 2nd, 2018
Categories: Blog, Filing for Divorce

You may assume that divorces are always messy – that separating couples fight, and that issues in a divorce take the intervention of a judge in order to resolve. However, this is not always the case; in fact, many couples are able to pursue an uncontested divorce, which mitigates high divorce expenses, stress, and hurt feelings. At the Law Offices of Evan Braunstein, our Los Angeles divorce lawyer advocates for uncontested divorce whenever possible. Here’s what you should know.

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5 Surprising Facts About Divorce You Should Know

Tuesday, October 16th, 2018
Categories: Blog, Filing for Divorce

Before you file for a divorce with the help of a Los Angeles divorce lawyer, it’s important to get as much information about the divorce process as possible. Here are five surprising facts about divorce you should know, and if you need more information about divorce that’s specific to your situation, reach out to a qualified divorce lawyer.

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How to Help Your Children During the Divorce Process

Monday, August 20th, 2018
Categories: Blog, Filing for Divorce, Legal Separation

When parents in Los Angeles decide to get divorced, the process of dissolving the marriage can be especially difficult for children. A Los Angeles divorce lawyer will tell you that sometimes kids mistakenly believe that they played a role in causing the divorce, while other children and teens simply have trouble coping with the fact that their parents will not be living together any longer or that they will need to spend time at two different homes in order to maintain relationships with both parents. The way a child responds to the divorce process is dependent upon many different factors, such as the child’s age and his or her current relationship with parents and siblings.

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