November 30, 2009 in Divorce by admin

In a no-fault divorce, you don’t have to prove that your spouse has committed some sin or physically or mentally abused you. You need only to show that such disharmony has developed that the two of you are no longer able to live together, and the marriage is beyond repair. The buzzwords usually found in no-fault divorces are that “irreconcilable differences leading to the irremediable breakdown of the marriage” have developed. (Some states refer to it as an “irretrievable breakdown” of the marriage.)

The concept of no-fault divorces evolved for two primary reasons. The first was realization that the courts should not force two people to live together if they could no longer get along. The second was the recognition of the emotional effect that “fault” divorces have on children. Children would, for example, be subjected to the trauma of being put on the witness stand to testify that they saw Mommy in the company of several men while Daddy was at work, or that Daddy started drinking the moment he got home and soon began slapping Mommy all over the house. A no-fault divorce is difficult enough for children to go through.

Does the development of no-fault divorces mean that fault is completely obsolete in states where no-fault laws are in effect? Not at all. Fault can still play an important part in determining the rights and obligations of the parties after the divorce. If, for example, the breakup resulted from one spouse’s frequent belligerent conduct after drinking, that would be considered in deciding which spouse should get custody of the children.

For more information or to schedule an appointment with an experienced Sacramento divorce lawyer call us today at (916) 266-0188. Initial 45 minute consultation with a Sacramento divorce attorney is FREE. Don’t delay, protect your rights.

CALL NOW: (916) 266-0188

1006 “4th” Street, Suite 225
Sacramento, CA 95814
Tel: (916) 266-0188
Fax: (916) 266-0198
http://www.kitayfamilylaw.com

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November 11, 2009 in Divorce by admin

You may want to separate from you spouse for several reasons. Maybe you can’t go on living with him or her, yet aren’t emotionally ready to get a divorce. Or you may want to use the separation as a “trial divorce” to see whether you really do want a divorce. It is a sad fact that over eighty percent of couples who separate eventually gets divorced.

You can (but generally don’t need to) obtain a court order granting a separation. A court usually can grant a separation only for the same grounds as those upon which a divorce is granted. You can, however, separate from your spouse by mutual agreement for any reason, or no reason at all. A written agreement regarding spousal support (alimony), child support, custody, and visitation rights is always advisable and may even be required by state law to make the separation a “legal” one.

Sacramento divorce attorney helps people with all aspects of divorce law. For more information call Sacramento divorce lawyer at (916) 266-0188 for immediate consultation.

The Law Office of Robert N. Kitay
1006 “4th” Street, Suite 225
Sacramento, CA 95814
Tel: (916) 266-0188
Fax: (916) 266-0198

October 19, 2009 in Divorce by admin

Mary and Bill recently divorced. Their divorce decree stated that Bill would pay the balances on their three joint credit card accounts. Months later, after Bill neglected to pay off these accounts, all three creditors contacted Mary for payment. She referred them to the divorce decree, insisting that she was not responsible for the accounts. The creditors correctly stated that they were not parties to the decree and that Mary was still legally responsible for paying off the couple’s joint accounts. Mary later found out that the late payments appeared on her credit report.

If you’ve recently been through a divorce – or are contemplating one – you may want to look closely at issues involving credit. Understanding the different kinds of credit accounts opened during a marriage may help illuminate the potential benefits – and pitfalls – of each. Contact Sacramento divorce attorney Robert N. Kitay for free consultation about your legal matter.

There are two types of credit accounts: individual and joint. You can permit authorized persons to use the account with either. When you apply for credit – whether a charge card or a mortgage loan – you’ll be asked to select one type.

Individual or Joint Account

Individual Account: Your income, assets, and credit history are considered by the creditor. Whether you are married or single, you alone are responsible for paying off the debt. The account will appear on your credit report, and may appear on the credit report of any “authorized” user. However, if you live in a community property state  (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, or Wisconsin), you and your spouse may be responsible for debts incurred during the marriage, and the individual debts of one spouse may appear on the credit report of the other.

Advantages/Disadvantages: If you’re not employed outside the home, work part-time, or have a low-paying job, it may be difficult to demonstrate a strong financial picture without your spouse’s income. But if you open an account in your name and are responsible, no one can negatively affect your credit record.

Joint Account: Your income, financial assets, and credit history – and your spouse’s – are considerations for a joint account. No matter who handles the household bills, you and your spouse are responsible for seeing that debts are paid. A creditor who reports the credit history of a joint account to credit bureaus must report it in both names (if the account was opened after June 1, 1977).

Advantages/Disadvantages: An application combining the financial resources of two people may present a stronger case to a creditor who is granting a loan or credit card. But because two people applied together for the credit, each is responsible for the debt. This is true even if a divorce decree assigns separate debt obligations to each spouse. Former spouses who run up bills and don’t pay them can hurt their ex-partner’s credit histories on jointly-held accounts.

Account “Users”

If you open an individual account, you may authorize another person to use it. If you name your spouse as the authorized user, a creditor who reports the credit history to a credit bureau must report it in your spouse’s name as well as in your’s (if the account was opened after June 1, 1977). A creditor also may report the credit history in the name of any other authorized user.

Advantages/Disadvantages: User accounts often are opened for convenience. They benefit people who might not qualify for credit on their own, such as students or homemakers. While these people may use the account, you – not they – are contractually liable for paying the debt.

If You Divorce

If you’re considering divorce or separation, pay special attention to the status of your credit accounts. If you maintain joint accounts during this time, it’s important to make regular payments so your credit record won’t suffer. As long as there’s an outstanding balance on a joint account, you and your spouse are responsible for it.

If you divorce, you may want to close joint accounts or accounts in which your former spouse was an authorized user. Or ask the creditor to convert these accounts to individual accounts.

By law, a creditor cannot close a joint account because of a change in marital status, but can do so at the request of either spouse. A creditor, however, does not have to change joint accounts to individual accounts. The creditor can require you to reapply for credit on an individual basis and then, based on your new application, extend or deny you credit. In the case of a mortgage or home equity loan, a lender is likely to require refinancing to remove a spouse from the obligation.

For an in debt clarification of your divorce matter contact Sacramento divorce lawyer Robert N. Kitay for free consultation.

in Stats by admin

Marriage and Divorce

(Data are for the U.S.)

• Number of marriages: 2,162,000
• Marriage rate: 7.1 per 1,000 total population
• Divorce rate: 3.5 per 1,000 population (44 reporting States and D.C.)

According to: http://www.cdc.gov/nchs/fastats/divorce.htm

October 8, 2009 in Featured, Practice Areas by admin

If you are the one who filed for divorce, you can file a Request for Dismissal (Form CIV-110) to dismiss your case. But, if you do this and you later decide you want to continue with the divorce, you will have to start all over and pay the filing fee again.

If you are not the one who started the divorce case, you cannot stop it on your own. You need the other side to file a Request for Dismissal (Form CIV-110) to dismiss your case.

If you and your spouse or domestic partner filed a Joint Summary Dissolution, either one of you can stop the case by filing a Notice of Revocation of Petition for Summary Dissolution (Form FL-830)

For more information or to schedule an appointment with an experienced Sacramento divorce lawyer call Robert N. Kitay today: (916) 266-0188. Initial 45 minute consultation is FREE.