Benefits of Hiring an Attorney For a High-Asset Divorce
Fernandez & Karney Family Law Blog
by 1p21.admin
3M ago
Going through the divorce process is a deeply emotional time. Sadly, it’s also the time to have a cool head in place to protect your rights and safeguard your assets, especially for divorcing spouses in high-asset divorces. One of the best benefits of hiring an attorney to navigate your high-asset divorce is that they are not emotionally involved in the breakup of the marriage. Instead, they can zero in on the financial aspects of your divorce. This includes the protection of your separate assets and ensuring you get your share of every marital asset that you’re entitled to under California’s ..read more
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How To Protect Your Wealth in a High-Asset Divorce
Fernandez & Karney Family Law Blog
by 1p21.admin
3M ago
No divorce is easy. While dealing with the strong emotions that come with ending a married life together, divorcing spouses must also keep cool heads and sharp wits when it comes to disclosing and dividing their marital assets according to California’s equal division of community property law. This process is even more challenging in a high-asset divorce when each spouse may have both separate and marital assets to untangle and a wide range of properties, investment accounts, businesses, and even high-value artwork and antiques. Many spouses in high-asset divorces in California wonder how they ..read more
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How is Child Neglect Proven?
Fernandez & Karney Family Law Blog
by 1p21.admin
6M ago
Child custody in California divorce cases is often the most distressing and emotionally fraught part of the divorce settlement process. When one parent accuses the other of child neglect, the stakes become even higher for all involved in this contentious issue. Because California courts prioritize a child’s best interests in all decisions, the court takes allegations of child neglect in custody cases very seriously. Sadly, many parents make false allegations of child neglect against the other parent in order to gain primary custody of their children or as a punishment. This can make it more di ..read more
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Does a Father Get Visitation if he Does Not Pay Child Support?
Fernandez & Karney Family Law Blog
by 1p21.admin
6M ago
When spouses with children divorce in California, child custody and child support are two critical parts of their divorce agreement. Whether spouses agree to terms outside of the courtroom in an uncontested divorce, or a judge decides on the terms of both in a divorce hearing, these two important parts of a divorce judgment are connected, but one does not depend on the other in a California divorce. California family courts consider child support and child visitation as independent matters in a divorce agreement and in practice. To learn more about the stipulations surrounding your case, consi ..read more
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How Long Does it Take to Get a Divorce in California if My Spouse and I Agree on all Terms?
Fernandez & Karney Family Law Blog
by 1p21.admin
7M ago
Divorce is rarely easy, even when spouses part on good terms. Breaking up a marriage and home is a distressing prospect for any couple, but when divorcing spouses can agree on all terms in a California divorce, the process becomes much less stressful. But what’s involved in an uncontested divorce and how long does it take to finalize an uncontested divorce in California? If you and your spouse agree on all terms, it not only lessens hostility and bitterness going forward but also minimizes the amount of time the process takes from start to finish. But first, it’s important to understand what t ..read more
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How Do I Know If My Child Support is Fair?
Fernandez & Karney Family Law Blog
by 1p21.admin
7M ago
Divorce is almost always a legally complex and emotionally charged legal proceeding. When a divorce involves minor children, it becomes even more distressing. Often, matters of deciding child custody, parenting time, and child support are the most contentious and emotionally fraught battles between divorcing parents. No parent looks forward to a judge telling them when they may see their children, and often one spouse paying their ex-spouse a percentage of their income feels like a punishment, even when it’s in the best interests of the children. Child support serves to minimize a divorce’s di ..read more
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Does It Matter Who Files for Divorce First?
Fernandez & Karney Family Law Blog
by 1p21.admin
7M ago
Whether you’re considering filing for divorce from your spouse or you’ve received a divorce petition from a spouse, one thing you might need to know early in the process is how much it matters who files for divorce first. Does the spouse who makes the first legal move have any significant advantages, or is it better to wait for a spouse to take the first action and then respond? Divorce proceedings in California are both legally and emotionally complex. It’s often difficult to untangle emotion from the pragmatics of a legal proceeding, and one of the earliest impacts of that complicated proces ..read more
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What Happens to a Trust in a Divorce?
Fernandez & Karney Family Law Blog
by 1p21.admin
8M ago
California is one of nine community property divorce states in which the“community” of two created during the marriage becomes dissolved in a divorce, requiring equal distribution of the assets acquired by the marital community. There is a lot to consider during this process, including discerning what assets are each spouse’s separate assets and which ones belong to the marital community. Another consideration for some spouses is a living trust created by one or both spouses during the marriage, or inherited by one spouse before or during the marriage. What happens to the assets in the trust a ..read more
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How Should I File My Taxes While Going Through a Divorce?
Fernandez & Karney Family Law Blog
by 1p21.admin
8M ago
There is a lot to consider during the divorce process in California. Besides the emotionally fraught aspects of divorce, there are also intimidating legal processes and the necessity of making new living arrangements and adjusting to a change in financial circumstances. For most divorcing spouses, how they should file their taxes is the last thing on their minds—at least until the tax deadline approaches and they’re still in the process of their divorce. The timing of your divorce and tax season are important to consider when deciding how to file. If you’re still legally married on December 31 ..read more
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Who Gets To Stay in the House During a Divorce?
Fernandez & Karney Family Law Blog
by 1p21.admin
10M ago
Choosing who gets to stay in the marital home during a divorce is often one of the most contentious issues when spouses separate, along with child custody and spousal support. California is a community property state where marital assets are split 50/50 between spouses in a divorce. The answer to the question of who keeps the house depends on the status of the house in or outside of the pool of marital assets. In the best-case scenario, a divorcing couple in California can come to the terms of their divorce agreement through negotiations with the help of their Los Angeles divorce attorneys or ..read more
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