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Archive for the ‘Asset Protection’ Category

Family and Financial Protection During Your San Diego Divorce, Part Two: What Other Court Orders Will You Need?

Friday, March 12th, 2010

Divorces in San Diego and throughout California can’t become final until at least six months after a spouse is served with divorce papers.  Usually, a divorce will take longer than this minimum waiting period.  Many steps need to be taken during the transition to protect your family, business, and finances. 

For divorcing spouses who have kids, a Divorcesupport.com blog provides advice on how to best meet your children’s emotional needs during a divorce.  It cautions that you shouldn’t be the only one providing your kids with emotional support.  When family and friends aren’t enough, then look for counseling options.  You’re also encouraged to get emotional support for yourself, such as through a local support group, family, and friends. (more…)

Posted in Alimony / Spousal Support, Asset Protection, Child Support, Custody & Visitation, Divorce, Property: Value & Division, Restraining Orders

It’s Not Too Late: The Postnuptial (or Marital) Agreement in California

Thursday, December 10th, 2009

The postnup hasn’t been in the spotlight nearly as much as its well known counterpart-the prenuptial agreement-but both agreements carry many of the same goals for California couples.  A postnup is a financial agreement created after getting married, as opposed to a prenuptial or premarital agreement that can only be entered into prior to exchanging vows.  A postnup, also called a marital agreement, is used to plan how the property you and your spouse own together or separately will be divided and distributed if there’s a separation, divorce, or death.  For some, a marital agreement can be created to address financial issues that are troubling a marriage.  On this point, a CNN article by Robert DiGiacomo, “Quit Fighting – Get a Postnuptial Agreement,” relates the story of a couple that had been married for 30 years but often fought over money.  They decided to get a postnuptial agreement, and although it didn’t solve all their problems, the two were able to ease tensions and “breathe easier” once they got a marital agreement.  While there’s no assurance that a marital agreement will help break an impasse for other marriages, for some, a postnup allows the couple to work on other issues once financial questions are resolved.  (more…)

Posted in Asset Protection, Domestic Partnerships, Marriage, Premarital agreement

Online Divorce: How Would You Decide Who Gets What in Your San Diego Divorce?

Wednesday, November 18th, 2009

Divorce at the click of a mouse – it may be coming soon to Brazil, according to an AP article published in the San Diego Union Tribune.  Brazil’s Senate recently approved legislation allowing online divorces under certain circumstances, and the bill awaits a vote from the House of Representatives.  If the bill becomes law, not everyone would be eligible for quick internet divorces, since it’s meant for those with less complicated and consensual divorces.  The idea has not come to California yet, but if it did, how well would it work?

As part of Brazil’s online divorce, you’d be able to divide assets.  While this seems like it should be simple enough, many of the most difficult issues in a divorce come up when figuring out who gets what.  For example, under California law, do you know what happens if one spouse started a business before getting married (making it separate property), and continued working in the business during the marriage?  (more…)

Posted in Alimony / Spousal Support, Asset Protection, Child Support, Collaborative Law & Mediation, Community Property, Current Events, Custody & Visitation, Divorce, Property: Value & Division

Is it Yours, Mine, or Ours? Getting Married in California and Meeting Your Goals

Monday, July 13th, 2009

If you’re getting married, then you should think about how California’s community property rules will affect you, and whether there’s a better way for you to promote your financial goals.  You may have heard that after seven years together, Harrison Ford and Calista Flockhart confirmed they’re getting married, and I can’t help but wonder-will there be a prenup?  Thinking back to another famous Hollywood marriage, the Tom Cruise-Katie Holmes prenuptial agreement reportedly provides Holmes from between $3 to $33 million per year, according to MSNBC. (more…)

Posted in Asset Protection, Community Property, Marriage, Premarital agreement


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