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LAW ENFORCEMENT DIVORCE Divorce For Law Enforcement Officers In California

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DIVORCE FOR LAW ENFORCEMENT OFFICERS IN CALIFORNIA Divorce rate among law enforcement officers in California is relatively higher than that for other professions. Statistics show that when one or both spouses work in law enforcement, the likelihood of divorce can be as high as 70%. As unfortunate as it is, it’s quite understandable. Stress is an inherent part of a police officer’s life, and sometimes, it spills over into their relationships.

LAW ENFORCEMENT DIVORCE

If you are working in California law enforcement, going through a divorce can be a particularly difficult experience. You already have a demanding job, and now you also have to deal with the legal, financial and emotional ramifications of ending a marriage.

Moreover, there are specific issues in divorce proceedings when one spouse works in law enforcement that can further complicate the process.

THINGS YOU SHOULD KNOW ABOUT CALIFORNIA LAW ENFORCEMENT DIVORCES California divorce laws are a complex maze of rules and regulations which must be

If you work in the law enforcement in California and

maneuvered expertly. As a law enforcement

are involved in a divorce, or you’re considering filing

officer in the state, here are some of the

for one, feel free to reach out to us for a free consultation. The trusted team of divorce attorneys at

factors you should keep in mind while you are considering a divorce:

Moshtael Family Law, led by top-rated family law attorney Navid Moshtael, has over 130 years of combined experience in the field. We have the skills and resources to successfully represent law enforcement officers in matters of divorce and family law.

LAW ENFORCEMENT DIVORCE

CHILD CUSTODY IS DETERMINED BASED ON THE BEST INTERESTS OF THE CHILD Whether you are an ordinary worker in California or a county sheriff deputy, the family law court will determine the child custody and visitation arrangement based on what is good for your child’s well-being. If you work in the government and regularly have to take overnight shifts, the court may indeed take that aspect into account when determining custody.

Remember, it’s your child’s “best interest” that will determine custody, and not your line of work. Custody is not about how much time your kid spends with you or where the kid lives; it’s about which parent has the legal right to make significant decisions regarding the care and upbringing of the child.

LAW ENFORCEMENT DIVORCE

YOUR PENSION COUNTS AS JOINT PROPERTY The pension program for police officers in California provides retirement benefits, allowing them to retire from their law enforcement careers and pursue other opportunities. The program targets retirement at age 50 with 20 years of service on the force. The California Public Employees Retirement System (CalPERS) follows a “defined benefit” plan, i.e., a specific benefit is provided to the officer at retirement in amounts that are paid either as a percentage of compensation or on a fixed-dollar basis.

LAW ENFORCEMENT DIVORCE

HOW ARE CALIFORNIA LAWS DIFFERENT FOR LAW ENFORCEMENT DIVORCES? The Brady Handgun Violence Prevention Act The Brady Act of 1993 was enacted to impose stricter regulations on the ownership and sale of handguns. According to this act, if any gun owner is convicted of a domestic violence offense in California, they lose their ability to possess a firearm for life. This decision cannot be expunged or appealed in a higher court. This can obviously pose a huge problem if you carry a firearm as part of your job in law enforcement – you can end up losing your job.

LAW ENFORCEMENT DIVORCE

THE BRADY LIST Every police officer knows about the Brady List. It’s the most comprehensive, public database of officers who have been involved in incidents of criminal convictions, untruthfulness, police misconduct, use-of-force reports, public complaints, and more. This is kind of a “blacklist” among law enforcement officers; getting your name on this list pretty much guarantees the end of your career.

There are a wide range of behaviors that can land you in this list, such as being misleading during your divorce deposition or not being entirely truthful during a disciplinary hearing. We can’t stress this enough: be as honest and transparent as possible during your divorce process. Some people tend to make bad decisions during their divorce, like hiding the real value of their assets or posting disparaging remarks about the spouse on social media. Do not do this or you may end up on the Brady List.

LAW ENFORCEMENT DIVORCE

TIPS FOR LAW ENFORCEMENT OFFICERS FOR AN EASIER DIVORCE AND BETTER POST-DIVORCE LIFE Severing a relationship with someone you once promised to love and cherish forever is always hard. It’s normal to feel a flood of negative emotions as you go through the process. Being angry and resentful at your situation and your spouse is to be expected. But now that both of you have decided to part ways, it’s important to look to the future, and not stay stuck in the past. The following tips will help you do that.

LAW ENFORCEMENT DIVORCE

WORK WITH A DIVORCE ATTORNEY EXPERIENCED IN LAW ENFORCEMENT DIVORCES Most public employees have complex retirement accounts that can’t be easily split, and generally require a Qualified Domestic Relations Order (QDRO) to make it happen. If your job as a county, state, or federal employee requires you to contribute to your retirement account, it can very well affect other aspects of your divorce, including alimony and child support.

You need to work with an attorney who has experience handling pensions and retirement accounts of law enforcement professionals in California. Since you probably also have irregular hours and demanding schedules, your attorney should have a solid understanding of child custody and visitation matters.

Some lawyers may try to use a cookie-cutter approach to this subject, but family dynamics can be different in families where one ex-spouse works for the government. So, make sure your attorney is capable of creating a custody arrangement that allows you to maximize the amount of time you spend with your kids.

LAW ENFORCEMENT DIVORCE

SCHEDULE A FREE CONSULTATION WITH LEADING LAW ENFORCEMENT DIVORCE ATTORNEYS IN CALIFORNIA We Care About Your Confidentiality - Your Information Will Remain Private

Irvine Office 17682 Cowan Irvine, CA 92614 714-909-2561

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