Divorcing as a business owner in California can bring an entirely unique set of complications. California community property law requires that marital property be equally divided in a divorce. But if you own a business, you may worry that dividing the business with your spouse could mean the end of the business. This is especially true if your spouse knows little about running the business but now wants some say in it because of the divorce. It is not unheard of for a spouse to demand some piece of the business simply to get back at the other spouse for the divorce. Pre- and post-nuptial agree ..read more

Many Californians who have survived the divorce process view the judge’s signature on the final order as the last step in a very painful journey. However, people’s lives often veer in unexpected directions, and the issue of post-divorce child support is no exception. Sometimes, a parent needs to request a modification for child support. The most common reason for modifying an existing order for child support is a sharp change in income. A second important reason for a modification is an unexpected health problem or disability caused by an accident. While California courts do not welcome unsupp ..read more

For many married couples, the family home is the single most valuable asset they own. If they decide to divorce, this asset must be divided along with the rest of their community property. But in many ways, a home is unlike other types of property, and so division of this particular asset can be legally, financially and emotionally complex. Is the home part of the community property? If you own a home and you are beginning the process of divorce, you must determine whether — and to what extent — your home is part of the community property you share with your spouse. Even if you owned the home ..read more

When your child’s other parent files a motion to modify custody or visitation, it can feel like a punch to the gut. You might feel hurt because the other parent didn’t come to you first to try to resolve the matter informally, but your pain is probably stemming from your fear that you’ll lose time and contact with your child if the modification request is granted. If you want to protect your relationship with your child, then you need to be prepared to aggressively defend yourself and your parenting abilities. Defense against custody modification request To succeed on their motion to modify, t ..read more

No marriage is perfect. Each relationship has its ups and downs. For some, it is relatively easy to resolve their differences; however, for others, it can feel like a never-ending battle. And if disputes continue to bring the relationship down, discussions of divorce might arise. Divorce is final and determinative. To some, it can feel too rash or absolute. This causes some spouses in California to consider legal separation instead. Possibly, with some space, issues can be worked out. For some, this might mean repairing the relationship and avoiding divorce. However, it could mean a more amica ..read more

Divorce proceedings in California entail a legal labyrinth, especially when it comes to dividing assets and debts. Student debt, a prevalent financial burden here and throughout the country, is no exception to this legal complexity. But, is student debt divided during divorce? Pre-marital student debt Student loans acquired before marriage are typically regarded as separate property. In essence, if one spouse incurred student debt prior to marriage, they are usually responsible for that debt post-divorce. However, if community funds were used to reduce this debt during the marriage, reimbursem ..read more

A married couple’s family home, like other property, is subject to California’s community property laws. In practice, this means that in most divorce cases, each spouse will be entitled to half the equity in their home, assuming they acquired the home together. What can vary widely from case to case is how a court will actually make sure each spouse get their share of the equity. Usually, continuing joint ownership and use of the property is not the best option, although in theory that is a possibility even after divorce. Those in Manhattan Beach and the other coastal communities in Los Angele ..read more

California couples get divorced for many reasons. Some are sudden and others happen over time. Infidelity is often viewed as a reason why people decide to move on from their marriage. This can come in many forms. Increasingly, financial infidelity is leading to people parting ways. Recognizing when this might be an issue is a key part of being prepared. Survey of divorced people says debt was a major problem According to a Debt and Divorce survey consisting of 526 divorced people, researchers found that around one in three stated that financial infidelity and credit card debt were primary caus ..read more

For California parents paying child support, job loss can have a compounding effect. What you may not realize is that if you fall behind on child support, the consequences only escalate. This is why understanding the process of modifying child support orders in such situations is crucial. Understanding child support Child support in California is the monetary contribution one parent makes to the other for raising their child. Calculated using a guideline formula, factors include both parents’ income, time spent with the child, tax status, health insurance, childcare costs, the child’s special ..read more

In California family law cases, property division is often a topic for dispute. People will generally want to retain as much as possible and strive to reach what they believe is a fair resolution. What many people might forget is that debt will also be divided. This can be a sticking point as people will generally want to limit their obligations. There are key facts to remember such as what type of debt it is, who is legally obligated to pay it and if there is room for negotiation with the other party and creditors. People need to address debt during their case During a marriage, people will p ..read more