Divorce Archives

How is Martial Property Divided During Divorce in California?

When dividing marital property pursuant to divorce in California, the rules are clear, but are also often confusing. California is a community property state, and as such all property acquired during marriage is divided 50/50. Most states do not operate under community property rules, preferring instead to use a system of property division known as "equitable division." Equitable division gives the court much more discretion in applying concepts of "fault" to the decision of who gets what in a divorce. California, however, is what is known as a "no fault" state, meaning fault is not considered in this context of deciding who gets what, because (to put it simply) all assets and debts acquired during marriage belong equally to both spouses and must be divided equally upon dissolution of marriage.

Protect yourself when divorcing your business partner

The uncertainty of your future after a divorce may be compounded if you are married to your business partner. Not only does such a divorce raise concerns about coping emotionally, deciding where to live and wondering about your financial resources, but it may cut to the heart of your life goals and livelihood.

Can I Get Legally Divorced Before All The Details Are Finalized?

There's no question that divorces take time, especially when there are contested or complex issues that can take years to resolve. Even spouses who agree on just about everything can still be hamstrung by a single issue such as division of a business or custody of a child.

Making divorce a smooth transition to single life

For a lot of unhappily married people in California, divorce is the end of an error. In most endings, there is always a touch of sadness, but if your marriage has been a source of drastic discomfort for some time, you will more likely be sighing from relief than crying from heartbreak.

Prepare your finances for divorce

Separating you and your soon-to-be ex's finances during divorce can be tricky. This is especially true if you have been together many years or if there are some high-value assets that the two of you share. When divorce seems inevitable, there are steps that you can take to make the division of your finances easier. Staying ahead of the process will smooth the transition and keep the division fair and equitable.

Three ways to help your teen while going through a divorce

As moody and uninterested as teens can be, they thrive in their daily routines. Your teen might act like they don't want to talk about their feelings. They might spend their day glued to their phone. Going to the beach with friends is a priority. Don't forget that their interactions with you are important, too.

Amicable Divorces Are Possible

While an "amicable divorce" may seem like an oxymoron, it's still possible to reach a divorce settlement in a peaceful way. Divorce is often the result of two people failing to see eye to eye; although if those two people can agree on treating each other with civility and respect and are willing to be transparent in their marital finances and also both want the best for their children, there's hope of an amicable divorce.

What is a judgment "set-aside?"

A "motion to set-aside" is a post judgment procedure that allows either party in a finalized divorce proceeding to ask the court to set aside the judgment. If the motion to set-aside is granted, the court will generally hold a new trial on the issues that have been "set aside" by the court, typically (if the entire judgment is set aside) that means all of the unresolved issues in the case. The motion to set-aside must be made within a reasonable time, not to exceed one or two years after the original judgment or order is issued depending on the basis of the claim.

Protecting Professional Practices In Divorce

When one or both spouses in a divorce have ownership in a professional practice, things can become complicated. Spouses who are partners, shareholders, or sole owners of a professional practice have likely invested a great deal of time meeting with attorneys and accountants to limit personal liability and taxes that arise from their practice. In these discussions, the possibility of divorce may have been contemplated and a prenuptial agreement or other pre-divorce plan was put into place to protect their business. Many, however, do not have any pre-divorce safeguards, which can put their professional practice at risk during a divorce.

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