NAYA RIVERA FILES FOR DIVORCE… AGAIN

Actress Naya Rivera has filed for divorce for the second time from husband Ryan Dorsey. The two were married for three years and share a son, Josey Hollis Dorsey.

NAYA RIVERA FILES FOR DIVORCE… AGAIN

Naya Rivera has filed for divorce from Ryan Dorsey for a second time after more than three years of marriage. The former Glee star filed for divorce citing “irreconcilable differences” in Los Angeles Superior Court on Tuesday.  Just a week ago the actress was arrested and charged with misdemeanor domestic battery after she allegedly hit Dorsey while the two were taking their son for a walk at the end of November. Rivera, 30, listed the separation date as Nov. 24, according to court documents and has requested joint legal and physical custody of the pair’s 27-month-old son. The court documents show that she has asked the court to terminate both side’s ability to get spousal support. Dorsey, 34, and Rivera were married in July 2014. Rivera first filed for divorce in November 2016 but asked that the filing be dismissed in early October of that same year. Below we discuss options other than divorce, such as annulment and legal separation, as well as what to do if you and your soon-to-be ex share children.

OPTIONS OTHER THAN DIVORCE

While it may seem that calling off a divorce is a rarity, it’s something that happens quite often. For couples thinking about divorce, who are still unsure, it’s important to remember that there are other options to consider. There are three legal options for couples looking to end their marriage or domestic partnership: divorce, legal separation, and annulment.

ANNULMENT

With an annulment, the court rules that the marriage or domestic partnership is not legally valid due to reasons such as the following: Incest, fraud, or physical or mental incapacity, Marriage or domestic partnership was entered into by force, One of the spouses was already married or in a domestic partnership, One of the spouses was not of legal age to enter into marriage or domestic partnership Annulments are rare and require an appearance before a judge.

LEGAL SEPARATION

Legal separation does not end a marriage or domestic partnership and parties are not allowed to remarry or enter a new domestic partnership. This is a good option for couples looking to separate their finances and property without divorcing. This is also a great step for couples that are still deciding if they want to formally end their marriage or see if they are able to reconcile.

If you and your spouse have decided to try legal separation instead of, or prior to getting a divorce, it’s important that you work with a divorce attorney to create a legal and binding separation agreement. This agreement will offer you legal protection should your spouse violate the agreement you have come to.

There are numerous things that should be contained in your separation agreement, including the following (if they apply): Spousal Support -Who will be paying whom? How does this impact taxes? Benefits – Legal separation allows you to retain certain benefits gained during a marriage, such as health insurance. Home –  Outline who will pay for the home mortgage, as well as the maintenance of the home, such as utilities and lawn care. You should clearly define who is able to live in the home. Joint Accounts – This includes: joint checking, savings, and credit accounts. You might also choose to freeze these accounts or close them and open separate accounts. You should make it clear who pays what account. Protection from Acquired Debt – A legal separation agreement should also outline any debt in order to shield you from being held responsible for debt acquired during the separation. Because laws vary by state you’ll want to work with an attorney when drafting this agreement. Once you have filed a legal separation, there are some next steps to take – and these might be more emotional than procedural.

LEGAL SEPARATION BEHAVIORS “TO-DO”

• Use this time to reflect on your marriage and how you are feeling regarding the process.
• Consider the emotional needs of any children that are involved.
• Remember legal separation is not the time to jump into a new relationship.
• Keep all communication open with your spouse. Try to be respectful in all forms of communication. This will mean less stress for you and any children involved.
• Set up a parenting plan that outlines regular visitation schedules. This should follow along with your child’s daily activities, such as school and any extra-curriculars.
• Follow every responsibility outlined in the legal separation agreement. This includes any child support payments or spousal support payments. Not doing so might mean court time or fines.

Regardless of if you legally separate or decide to divorce, if you share a child or children, you will need to consider child custody arrangements.

CHILD CUSTODY

Family law courts favor awarding joint child custody to both parents, due to the fact that typically, it’s been shown that child’s respond best to both parents being in their lives.

JOINT CHILD CUSTODY

Joint custody is when two parents share decision-making responsibilities and / or physical control of the child or children they share. Joint custody is able to be awarded to parents that are divorced, separated, no longer living together, or even if they never lived together.

FORMS OF JOINT CHILD CUSTODY

There are different forms of joint custody that can be awarded, including:

• joint legal custody. This means both parents are able to make decisions regarding the child, including religion, education, medical, and any legal matters.
• joint physical custody. This means a child spends equal time with each parent.
• joint legal and physical custody.

While it’s a common practice for parents to share physical custody and legal custody, it’s not always the case that parents that share legal custody also share physical custody.

JOINT CHILD CUSTODY – ADVANTAGES AND DISADVANTAGES

There are a number of advantages and disadvantages to joint child custody. Children are able to have contact with both parents. Additionally, parents are able to share some of the hardships that come with co-parenting. But children also often have to be shuttled between parents in joint physical custody situations. This can be difficult for a child, especially if parents are noncooperative. Because of some of the disadvantages, it’s important that parents work to create a harmonious co-parenting situation. Maintaining detailed agreements surround holidays, expenses for clothing and medical care, as well as creating a child’s own space in each household is crucial to creating a successful joint custody arrangement.

WORKING WITH A DIVORCE ATTORNEY

If you are facing a divorce, you should work with a divorce attorney that can take a look at your specific situation and give you advice based on it, rather than approach it with a one size fits all mindset. Your specific situation will be particular to you and your marriage and the way your life was set up during the marriage. This might mean major financial decisions regarding retirement funds, property, child support and custody, and alimony. A divorce attorney will work with you to help you decide how you want to tackle these elements of your marriage and divorce, while also providing guidance and support. They will be able to lead you through the process while keeping you from procrastination and caving into pressure. They’ll also be able to help ensure you meet all the required timelines while ensuring that you get a fair case and trial should you need to go to court. Lastly, they’ll be able to help you find the freedom and new life you are seeking – one that is entirely on your terms.

For advice on divorce, you need the expert law firm of 619 DIVORCE. Schedule a consultation today.

(619) DIVORCE
225 Broadway
San Diego, CA 92101
Phone: (619) 431-3131