Archive for the ‘Property: Value & Division’ CategoryThe Benefits of a “No-Court” DivorceMonday, January 30th, 2012A “no court” divorce, also called “collaborative divorce” is a way for divorcing spouses to resolve all the major issues of divorce outside of court. This gives control over important matters like property division, child custody, and support to the spouses rather than to a judge. It also costs a fraction of what both of spouses would spend fighting over these issues in court. Here is how a “no court” divorce generally works. (more…)
How Divorce Affects a Family-Owned BusinessFriday, December 23rd, 2011When a couple owns a business together, the dissolution of their marriage or registered domestic partnership has the potential to seriously harm their business. Because the business is likely to be one of the most valuable assets the couple has, protecting the business during the dissolution should be a joint priority. Both parties need to remember that unless there was a written agreement that the business would be the separate property of one of the parties, the community property will include the amount by which the business has appreciated during the marriage, and each of them will own half of that amount. (more…)
How to Handle an Upside-Down Property in a DivorceFriday, July 29th, 2011It once was the case that a jointly-owned house was a divorcing couple’s largest asset. However, in this poor economy, many divorcing couples find themselves with homes that are “upside-down,” worth less than amount owed on the mortgage. Upside-down property can be one of the most difficult assets to handle in a divorce. When a divorcing couple owns a house worth MORE than the mortgage, one of two things usually happen: (more…)
A Mediator is not a “Shared” Divorce LawyerMonday, June 20th, 2011Divorce can be long and expensive if spouses battle in court over child custody, the division of their belongings, and/or child support and spousal support (alimony). In many cases, a neutral, experienced divorce mediator can help the spouses reach an agreement on some or all of these issues, reducing the time and expense of court proceedings. In a typical mediation proceeding, each party consults separately with the mediator, and then the mediator brings both spouses together to craft a compromise agreement, which the spouses then sign. (more…)
Relationship Conflicts and Divorce LawFriday, April 1st, 2011It’s well known that divorces can be difficult. Besides dealing with property division, alimony, child support, and visitation, the spouses must also cope with the array of emotions accompanying the end of their marriage. Those emotions can worsen already-existing conflicts and make the divorce process more difficult. As a sociologist recently explained, no marriage is conflict-free, and those conflicts may fall into one of four categories. First are “one-time, solvable problems,” which are conflicts created by a particular situation, not a clash of personalities. Second are “cyclical conflicts,” which are ongoing, but alternate between being a big problem at some times, a small problem at others. Third are “deal-breakers” – the sort of conflicts that cannot be solved by agreement, because they arise from a fundamental difference in personality or belief. Lastly, there are “wounding problems.” These conflicts arise over and over – like cyclical problems – but they tend to produce feelings of hurt and frustration, and can be very difficult to resolve. (more…)
Prenuptial and Co-Habitation Agreements in CaliforniaWednesday, December 22nd, 2010It was recently reported that actress Eva Longoria filed for divorce from her husband, NBA star Tony Parker, after allegations of infidelity on Parker’s part. Because the couple entered into a prenuptial agreement before their marriage, the agreement will determine how their assets are divided and whether any spousal support must be paid. California is a community property state. This means that property acquired during a marriage belongs equally to both spouses. However, couples can modify their property rights by contractual agreement. Prenuptial, or premarital, agreements allow couples to decide how property will be divided and/or spousal support paid should the marriage end. These agreements must be carefully drafted and comply with specific requirements in order to be enforceable. (more…)
Who Gets the Family Home in Your California Divorce?Friday, May 14th, 2010In most California divorces, the family home is one of the biggest assets at stake in the divorce. No matter what you do, remember that how your property is divided can affect you long after the divorce is final. What happens if one spouse keeps the house? Option 1: The Buyout If one of you does keep the home, then you’ll have to buy the other spouse out. To buy out your spouse’s share, you might even things out by making trade-offs. Often, the spouse keeping the house will give up a share in other community property with equal value. As with your other assets, getting an accurate appraisal of the property’s value is critical. (more…)
Family and Financial Protection During Your San Diego Divorce, Part Two: What Other Court Orders Will You Need?Friday, March 12th, 2010Divorces 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…)
Online Divorce: How Would You Decide Who Gets What in Your San Diego Divorce?Wednesday, November 18th, 2009Divorce 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…)
The Looming Threat of Contempt: How Far Can the Court Go in Enforcing Your San Diego Family Law Order?Wednesday, November 18th, 2009If a California family court order is disobeyed, there are many different ways to compel compliance, but can a person be jailed if, for example, child support isn’t paid? Through the court’s “contempt power,” many family court orders that have been violated can potentially be punished with jail time. On the other hand, the U.S. and California constitutions protect people from being put in jail just for having unpaid debts. In the case of spousal support (alimony) or child support, even though money is owed, the payments are not seen as “debts” because they arise from legal obligations created when you have children or get married, which is why jail can be imposed for willfully violating the court order. (more…)
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