Podcast Summary
Setting aside personal time for self-care is crucial for working moms: Working moms should prioritize self-care by waking up early, taking breaks, or finding other pockets of time to focus on personal well-being. It's important to remember that forgiveness is necessary when work or family demands make it impossible to be present for every event or activity.
Working moms, like Ali and Casey, face unique challenges in balancing their careers and family life. Ali, who wakes up at 4:30 am to work out before work, emphasizes the importance of setting aside personal time that is uninterrupted. For working moms, this could mean waking up early, taking lunch breaks, or finding other pockets of time to prioritize self-care. Casey, a night owl, encourages self-care as a necessity for maintaining energy and positivity. Both women emphasize the importance of forgiving oneself for the moments when work or family demands make it impossible to be present for every event or activity. Ultimately, they encourage working moms to prioritize their own well-being and remember that they are doing their best.
New Surprises in Life and Law: In life and law, there's always something new and unexpected to encounter. Embrace the surprises and remain open to learning and growth.
No matter how long we've been in our respective fields, there's always something new and unexpected to encounter. Whether it's enjoying personal self-care activities or attending the Super Bowl, life is full of surprises. In the legal world, Don and Casey have seen their fair share of cases, some similar and some unique. They've even worked on cases together. Despite their extensive experience, they've learned that there's always something new to discover. This year, the Super Bowl is bringing something new with a record number of commercials targeting women. The event has become a cultural phenomenon, complete with food, friends, and fun. But even with all the excitement, there's still room for improvement – perhaps a recovery day after the indulgence. In the legal world, the unexpected can take many forms, from new cases to new challenges. But no matter what, Don and Casey remain open to the surprises that come their way.
The Complexity of 'Stolen Spouse' Cases in Family Law: In family law, 'stolen spouse' cases involve a spouse caring for an incapacitated partner who disappears upon their absence, raising ethical dilemmas and the importance of considering the incapacitated partner's wishes in conservatorship decisions.
In family law, there exists a niche of cases known as the "stolen spouse," where a spouse, often caring for an ailing husband or wife, discovers they have been abandoned after leaving for a brief respite. This scenario, while unfamiliar to some, is common in state planning circles. The question of the spouse's intentions and the incapacitated partner's wishes adds complexity to these cases. The discussion revolved around a hypothetical case of a long-term married couple where the husband, older and with declining health, required constant care. The wife, caring for him, took a week off, only to return and find him missing, having been taken away by a third party. The husband's incapacity and the ethical dilemma of whether he would have wanted this raise questions about conservatorship and the importance of considering an incapacitated partner's wishes in such situations.
Disputes over conservatorship in second marriages: In second marriages, disputes over conservatorship of a spouse or parent can lead to complex legal proceedings, considering the proposed conservatee's well-being and assets. Spouses generally have priority, but courts have discretion.
A conservatorship is a legal arrangement where a responsible person is appointed by a court to care for an adult who lacks full mental capacity. This can involve both the person's health and safety (conservatorship of the person) and their financial matters (conservatorship of the estate). In the context of a second marriage with children from a previous relationship, a dispute over conservatorship can lead to complex legal proceedings that can be emotionally charged and intrusive for all parties involved. The court considers the well-being of the proposed conservatee and their assets and care. The spouse generally comes first in the law, but there is a lot of discretion for the court. Children from a previous marriage may seek conservatorship and even file for divorce on behalf of a parent, adding to the complexity of the situation. These cases can be difficult and emotionally challenging for all involved, as family law already presents its own unique challenges.
Conservatorships and the Right to Marry and Divorce: When creating an estate plan, consider the impact of conservatorships on the right to marry and divorce, and include specific language in documents to address this issue.
When dealing with conservatorships, the right to marry and get divorced are constitutional rights that can complicate the situation. If a person becomes conserved, their right to manage their finances can be taken away more easily than their right to marry or divorce. Children of a conservatee can even file for divorce on their parent's behalf, making it essential for estate planning documents to include specific language regarding this matter. In family court, the opposing party is not directly involved, but rather their child, adding another layer of complexity. It's crucial for professionals to consider these potential complications and discuss them with clients to ensure their wishes are carried out.
Understanding the complexities of filing for divorce in California: In California, only one party's desire for a divorce is necessary for it to be granted, but capacity and potential duress must be considered.
While the threshold for filing a divorce in California family law is relatively easy to meet, the subsequent steps and potential vulnerabilities, such as duress and influence, can make the process more complex. A key consideration is the capacity of both parties to understand the financial consequences of the divorce. In some cases, the capacity of the responding party to want or understand the divorce may be questioned. However, in California, which is a no-fault jurisdiction, only one party needs to want the divorce for it to be granted. Therefore, if one party lacks capacity or does not want the divorce, the other party can still push the divorce through as an estate planning issue.
Financial interests fuel estate disputes: Irrevocable trusts, certificates of independent review, premarital agreements, and separate property trusts can help prevent estate disputes by providing control, permanence, and protection.
Financial interests and control are driving factors in estate planning disputes, often with family members acting as petitioners. An irrevocable trust can provide a solution by offering more permanence and control, but it may still be contested. Additional safeguards, such as a certificate of independent review, can also be put in place. Conversely, for those getting remarried later in life and wanting to protect their estate for their adult children, a premarital agreement or a separate property trust may be considered. These options allow for creative distribution of assets while maintaining some control and protecting against potential disputes.
Effective estate planning and potential financial protection in marriage: Consult legal professionals for guidance on creating a separate property trust and a premarital agreement to ensure fair and effective estate planning and potential financial protection in marriage.
Having a separate property trust and a premarital agreement in place is crucial for effective estate planning and potential financial protection in marriage. The recent case of Natalie Maines of the Dixie Chicks serves as an example. Despite her substantial income and net worth, her estranged husband is reportedly challenging the validity of their premarital agreement and seeking $60,000 in monthly spousal support. With both parties earning significant income, the issue highlights that neither men nor women enjoy paying spousal support. As more women enter the workforce and become the primary breadwinners, this trend is expected to continue. It's essential to consult legal professionals for guidance on these matters to ensure a fair and effective resolution.
Making things fair in joint income households: Spousal support ensures fairness in joint income households, not about punishing or rewarding.
The perception of high income in California, even $2,000,000 a year, may not meet the legal standard for extraordinary high child support orders. However, the concept of spousal support as something earned during the marriage and the need to ensure fairness for the lower-income spouse, regardless of gender, can help adjust biases and understanding. Spousal support exists to make things fair in joint income households, where one spouse is often left behind after a divorce. It's important to remember that spousal support is not about punishing or rewarding but ensuring a fair outcome. The conversation also highlighted the need to check personal biases when dealing with family law matters.