February 2013 Archives

How Valentine's Day Can Affect Your Divorce

February 11, 2013

San_Diego_Waterfront.jpgValentine's Day is a romantic time in Del Mar and throughout San Diego County. The romance of this holiday can sometimes stir up old feelings between divorcing spouses. It is not uncommon for spouses going through a Del Mar divorce to send each other gifts on Valentine's Day or even to spend the day together. However, it is important to consider the legal ramifications of these acts especially with regard to the date of separation. On the other hand, newly separated spouses may be spending Valentine's Day with a new significant other for the first time in a while. Before substantial gifts are given to a new love interest or money is spent on a lavish trip, it is important to also consider how these acts may impact your divorce proceeding in Del Mar.

The date of separation is an important consideration in many divorces. The marital estate is the property divided upon divorce. Property can only be accumulated in the martial estate between the date of marriage and the date of separation. Thus, once spouses decide to end their marriage, they stop accumulating any community assets. In order for a separation to occur, the spouses must physically separate (live apart) with the simultaneous intent never to resume the marital relationship. As Del Mar divorce attorneys understand, only one spouse is necessary to establish the requisite intent to end the marriage.

Read more about date of separation from Del Mar divorce lawyer Nancy Bickford

Depending on the assets in the martial estate, a dispute regarding date of separation can have enormous financial consequences. In order to determine which spouse is correct regarding the date of separation, the court will consider the conduct of the parties. One of the factors considered by the court is whether the spouses gave each other gifts or spent holidays together. If Husband and his attorney allege the parties separated January 1, 2010, the same year he earned a $100,000 bonus at work, that bonus would be his separate property. However, if Wife can show that Husband sent her flowers and a romantic card on Valentine's Day in 2011, her divorce lawyer can use this as evidence that they in fact separated much later and she will be entitled to half of Husband's 2010 bonus.

Under the Family Code, which governs the divorce process in Del Mar, spouses are not permitted to gift community property without the written consent of the other spouse. While both spouses are entitled to manage and control community funds, gifting community property is not considered a function of a spouses right to "manage and control" community funds. If a separated spouse intends to purchase any lavish gifts for a new significant other, he or she should be careful only to use separate property funds for this purchase.

In Del Mar, the divorce process can be complex, and selecting a qualified and knowledgeable divorce attorney is exceptionally important. Please contact us if you are considering a divorce from your spouse, a legal separation, or have questions regarding child custody and visitation. Nancy J. Bickford is the only attorney in San Diego County representing clients in divorces, who is a Certified Family Law Specialist (CFLS) and who is actively licensed as a Certified Public Accountant (CPA). Don't settle for less when determining your rights. Call 858-793-8884 for more information about the consultation process.

The voice of Charlie Brown charged with stalking, death threats


Peter Robbins, voice of the beloved Peanuts character Charlie Brown, was arrested on Sunday, January 20th, on charges of making criminal threats and stalking. Robbins was the voice of Charlie Brown in both "A Charlie Brown Christmas" and "It's a Great Pumpkin Charlie Brown" television specials.

ABCNews.com reported that, while the details of the arrest warrant were not immediately available, the charges related to Robbins stalking his ex-girlfriend and making criminal threats against a plastic surgeon.

nbcsandiego.com reported that it all started with a breast enhancement performed on Robbins' former girlfriend, Shawna Kern, by La Jolla plastic surgeon Lori Saltz. Apparently Robbins and Kern were a couple at the time the procedure was performed, but broke up sometime thereafter. After the couple split, Robbins allegedly demanded his money back from Saltz, stalking her and threatening her life if she did not refund the money.

Read more about domestic violence and how an attorney can help

Robbins, a resident of Oceanside, California was arrested while re-entering the United States at the San Ysidro Port of Entry between San Diego and Tijuana, Mexico. According to ABC News, he is being held on $550,000 bail, and a preliminary hearing is set for March 22, 2013. ABCNews.com further reports that, if convicted, Robbins faces up to 9 years in prison.

According to nbcsandiego.com, Saltz filed a restraining order against Robbins. It is unknown whether Kern has similarly filed a restraining order against Robbins.

We have previously blogged about how the "girlfriend, boyfriend" relationship qualifies a restraining order to be filed in Family Court. We have also previously blogged about the basics of family law restraining orders. A unique fact of this story is the mention of violence by Robbins against the dog he shared with Kern. nbcsandiego.com reports: "[t]he prosecutor said Robbins also admitted to attacking Kern and their dog."

In cases such as these, Family Code section 6320 authorizes the Court to include a pet on a restraining order in California. The California family code section provides protections for the party, and at the discretion of the court, the code also provides protections to other family members, household members, and even pets on the authority of good cause.

Do pets really need this type of protection? It would appear they do. While California did not initially extend this type of protection to pets, the extension accounts for the fact that over 60% of American households have pets and a majority of women who are in shelters report that their batterer also abused the pets in the household.

This is according to Jennifer Scarlett, DVM and co-president of the San Francisco SPCA as reported by sanfrancisco.cbslocal.com. In fact, according to Scarlett, 25% to 40% of women say that they stay in abusive relationships because they are afraid to leave their pet in the household. California is not the only state to extend this protection to pets. Twenty-two states plus the District of Colombia and Puerto Rico have similar legislation.

Don't settle for less when determining your rights. The divorce attorneys at The Law Offices of Nancy J. Bickford, APC are well versed in Family Law in San Diego, with the firm headed by Nancy J. Bickford, Esq.. Ms. Bickford is a Certified Family Law Specialist (CFLS), as well as an actively licensed Certified Public Accountant (CPA), making her the only attorney representing clients in divorce in San Diego with these distinctions. Call today for more information about the consultation process. (858) 793-8884

www.BickfordLaw.com