Author: <span>Anna Maples</span>

The different legal options for ending a marriage in…

May 8, 2018November 6, 2019
by Anna Maples

Summary Dissolution, Dissolution, and Separation

It is an unfortunate reality that many marriages end up in dissolution or separation, but it is a reality nonetheless. The California divorce process offers three options to couples who have determined that ending their legal relationship is in their best interests: (1) Summary Dissolution, (2) Dissolution, and (3) Legal Separation. Each of these options have their own requirements under California law, this article will briefly discuss those requirements, and the ultimate effect of each option.

California Summary Dissolution

Summary Dissolution is California’s response to marriages that were entered into hastily, and where both individuals quickly determine that marriage was not the right choice. In order to qualify for a Summary Dissolution in California, the following requirements must be met:

You Have Been Married Less Than Five Years

Summary Dissolution is reserved for the simplest situations. As such, the Court’s require that the individuals seeking Summary Dissolution were married for five (5) years or less. The Court stops counting individuals as married, for purposes of this rule, the moment you file your Joint Petition for Summary Dissolution of Marriage. Thus, if you are contemplating a dissolution, and have been married almost five years, it is important to file the Joint Petition quickly.

The Wife is Not Pregnant, and There are No Children from the Marriage

In California, and in every Court across the country, the Courts are unwilling to handle situations where a child’s well-being may be at issue in a summary fashion; the Court’s will require substantially more work to end a marriage and show that a child will be taken care of. This includes unborn children and adopted children.

You Do Not Own, or Have an Interest in, Any Real Property

The Courts also require that the individuals seeking Summary Dissolution do not have substantial marital assets. Further, the Courts will not treat a dissolution involving real property, belonging to the marital community, in a summary fashion. Real Property includes:(1) houses, (2) rental properties, (3) condominiums, (4) land, (5) a one-year lease, or (6) an option to buy.

You Do Not Owe More Than $5,000 in Debt That Was Acquired After Marriage

Debts acquired during marriage generally are debts to both individuals in a marriage. The Courts recognize that dividing debt can be a messy affair and have a significant effect on an individual’s life after a Summary Dissolution. Therefore, the Court will not provide the benefits of a quick divorce to individuals who have acquired more than $5,000 in debt after the beginning of their marriage. This requirement does not include any debt you may have acquired through a vehicle loan.

The Marital Community Has Not Acquired More Than $25,000 of Property

Similarly, nearly all property (real or personal) that is acquired during the marriage belong to the marital community. Where a married couple has acquired substantial assets throughout the course of their marriage, the Courts are unwilling to dissolve that marriage though the summary dissolution process. The $25,000 benchmark does not include money owed on cars or property.

Neither Spouse Owns More Than $25,000 in Separate Property

As a general statement, property one spouse owned prior to marriage is considered their separate property (as opposed to property of the marital community). There are numerous other forms of separate property as well as several ways of transmuting separate property to community property, but that is beyond the scope of this article. The Courts will not grant a Summary Dissolution where a party has substantial separate property. The $25,000 benchmark does not include money owed on cars or property.

Neither Spouse Will Receive Spousal Support

In order to qualify for a Summary Dissolution, it is necessary that both parties waive their right to spousal support from each other; for a discussion about the types of agreements married couples can enter into to ease the dissolution process, please read Various Agreements that can be Made to Lower the Cost and Reduce the Conflict in Dissolution or Separation. [Link Required]

Both Parties Agree to Sign the Joint Petition

This requirement simply makes clear that one party cannot unilaterally force a Summary Dissolution; both parties must agree to the dissolution. In addition to signing and filing the Joint Petition, the parties are required to pay the filing fees, but these fees can be waived by the Court based on need.

At Least One Party Must Have Resided in California For At Least Six (6) Months

Residence is defined as being present in California for a purpose that is not temporary or transitory. As such, if you live in California, and don’t presently intend to live outside California, you are a resident of California. If you have been in California with the intention to remain for six (6) months or more, this requirement is satisfied.

(10)Prior to Filing the Joint Petition for Summary Dissolution of Marriage, an Agreement Relating to the Division of Property and Debts Must Have Been Signed

Viewed through the lens that the Court will only allow parties to utilize the Summary Dissolution process where the dissolution would be simple, it makes sense that the Court requires the parties’ to be in agreement about the division of their assets and debts, notwithstanding the fact that those debts and assets are necessarily small. For a discussion of the various agreements parties can enter into in anticipation of dissolution, follow this [Same Link as Above] link.

Legal Requirements For Dissolution In California

A key distinction between Summary Dissolution (discussed above), and a Legal Dissolution, is that in the Legal Dissolution it is not necessary for both parties to agree to the dissolution (See requirement 8 for Summary Dissolution above).

This article is designed to acquaint you with the general legal requirements of filing for a dissolution in California; for an in-depth discussion of those requirements, the Courts provide a useful resource here. While the information contained in the previous link is helpful, it is best to discuss the process and strategy with one of the skilled attorneys at Maples Family Law. The following is a non-exhaustive list of the legal requirements to obtain a divorce in California.

At Least One Party Must Have Resided in California For At Least Six (6) Months

Fill out the Proper Court Forms

There are several forms that must be filled out in order to begin, and complete, the dissolution process.

Petition for Dissolution (FL-100)
Summons – Family Law (FL-110)
Property Declaration – Family Law (FL – 160)

If there are children from the marriage:

Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act -UCCJEA (FL -105/GC-120)

If you want the Court to make a determination, and an order, relating to custody and visitation:

Child Custody and Visitation Application Attachment (FL-311)

Once these forms are filled out, filed, and served, you have up to sixty (60) days to fill out your financial disclosures. It is best to fill these documents out and exchange them with your spouse (not the Court) as early as possible:

Declaration of Disclosure (FL-140); and
Declaration Regarding Service of Declaration of Disclosure (FL-141); and
Schedule of Assets and Debts (FL-142); OR Property Declaration (FL-160); and
Income and Expense Declaration (FL-150)

This will get your legal dissolution started. It is important to fill out each of these documents fully and accurately. While the Courts have made efforts to make these forms easy to complete without the assistance of an attorney, it is important to have your forms reviewed by a competent attorney from Maples Family Law to make sure everything has been filled out properly.

California Divorce Waiting Period

Once everything has been filed properly, the Courts will not act on that Petition for Dissolution for a minimum of six (6) months; this is known as the California Divorce Waiting Period. This waiting period serves several purposes. Family Law Courts have very large case loads and do not want to hear a case unless it is absolutely necessary. Many couples reconcile within six months, and the Courts would like to be sure that dissolution is the route you want to go before entering a judgement enforcing that desire. As such, the will not be able to complete your dissolution in less than six months.

While the nuances of the dissolution process are complex, this article does not address the process. For an in-depth analysis of an uncontested divorce, please read this [Cross Link to Article on Uncontested Dissolution]

Legal Requirements For Separation In California

The requirements for a separation are nearly identical to those outlined in the dissolution section above. The key difference between a dissolution and separation is the actual effect of an order granting a separation. Where an Order Granting Dissolution severs the entire marital relationship, an Order Granting Legal Separation simply mandates the rights and duties of a couple while they are still married but living apart. A legal separation is the better option for a couple seeking to be apart while they determine whether they can reconcile with each other. The Legal Separation allows the couple to resume the legal marriage without going through the marriage process again.

Maples Family Law understands that even thinking about separating from your loved one is a terrible time, but sometimes that is what is needed. The attorneys at Maples Law Firm are there to help walk you through a complicated process in your time of need, and look forward to hearing from you.

Divorce

Alternative Dispute Resolution (ADR) – A More Peaceful Path…

March 28, 2018June 8, 2020
by Anna Maples

When people think of dissolution, they typically think of two attorneys battling head-to-head on behalf of their clients, and that is frequently the case. This, in turn, typically causes significant stress for the would-be ex-spouses. It is a frightening prospect to essentially have your entire life placed on trial in an effort to determine: (1) who should have custody over your children, or (2) how assets should be distributed.

Not all dissolutions need to be combative. In fact, there are a number of less confrontational options that are beneficial to both parties. Once such option is known as “mediation.” Mediation utilizes the services of a disinterested third party, known as a mediator, to facilitate a mutually agreeable result on key contested issues in a dissolution.

What Does A Mediator Do?

A key distinction between a trial and a mediation is that a mediator is not a judge; they do not make decisions or rulings. The mediators main function is to aid the parties in finding a middle ground on key issues, frequently highlighting portions of the issue that both parties appear to agree on. Once the parties know what issues they actually agree on, it is significantly easier to come to an agreement on the portions they disagree on.

A mediation is different from arbitration and trial in several key ways. Both an arbitration and a trial are adversarial in nature, and parties frequently introduce evidence mostly for the purpose of dragging one spouse’s name through the mud. In trial and arbitration, the arbitrator or judge does not, and typically cannot, meet with each party individually to get an understanding of their unique circumstances. Judges and arbitrators are simply too busy to meet with every person who enters their Courtroom and get to know them.

In contrast, a mediation is not adversarial; mud-slinging is ineffective since the goal is to reach an agreement. A mediator also has the freedom to hand-craft unique agreements, that are different from what a judge could create, taking into account the parties’ individual situations.

Finally, a mediator is very different from an attorney. Attorney’s have one job, and that job is to advocate for their client in an effort to obtain the best outcome for their client. An attorney does not, and should not, advocate for the other spouse, even if it may result in a resolution to the issues. A mediator however, has the sole function of aiding both spouses in reaching an agreement that identifies the major issues for each party and finds a reasonable compromise. A mediator is focused on the individuals’ best interest, whereas a trial is focused on the best outcome for one party or the other.

What Are the Benefits of Mediation?

There are many advantages to utilizing mediation of arbitration or trial when seeking a dissolution. The benefits include significantly less harm to the children of the marriage, a substantially quicker resolution to the dissolution, and a final bill that falls far below the cost of hiring attorneys to engage in a long-drawn-out litigation.

Children Benefit from Mediation

Engaging in mediation has significant benefits for the children of the parties seeking dissolution through mediation. As mentioned above, a dissolution in Court is a high-conflict ordeal, in which both parties seek to undermine the character of the other party in an effort to obtain the best outcome for themselves. Naturally, this creates significant hostilities between the parents, which the children will be forced to witness.

Mediation is usually far less stressful than going through the Court, which typically results in a more cordial and amicable relationship between the separating spouses. As such, children benefit from observing their parents talk, compromise, and ultimately agreeing on major issues. This is in stark contrast to having children watch their parents engage in a year long, raging fight, over things children generally do not understand.

Further, by learning to cooperate and talk through high-tension situations, parents are more likely to obtain joint-custody determinations when pursuing their dissolution through mediation.

Mediations Typically Reach Resolution Much Faster Than Trial

In fact, litigation generally carries on for over a year before the case even goes to trial. Mediation can speed the litigation process up and provide a quick resolution. The parties are free to engage in mediation at any time, without requiring the Court to schedule it, which generally provides more flexibility for both parties.

Mediation is Cost-Effective

Reaching a resolution to a dispute through litigation can be incredibly expensive to both parties. First, the parties are required to retain attorneys, who typically have a substantial hourly rate; these hourly costs can become overwhelming within weeks. This is true even with cases that settle fairly quickly, since settlements usually occur after “discovery” has been conducted – something that requires a substantial amount of time from the attorney (interrogatories, depositions, document review, etc.,). The costs increase even more quickly where the case is a complicated one, as more discovery will need to be done, more conversation with opposing counsel with have to occur, and a substantial number of motions will likely be filed.

Mediation offers the lowest-cost option for resolving disputes that would have cost substantially more if pursued through litigation. A primary reason for this, as mentioned above, is that mediation is typically resolved far more quickly than arbitration or litigation, this is true even when attorneys are involved.

Conclusion

When seeking a dissolution, most people mistakenly believe that the only way to properly vindicate their rights is to retain a high-powered attorney and go to battle with their ex-spouse. This route creates even more conflict, which negatively impacts children and drives the cost of resolution through the roof. Further, litigation will likely drag on for years.

If you are considering dissolution, contact a skilled attorney who has conducted mediations before, and the benefits are endless. First, children will actually be befitted from observing how conflicts can be resolved peacefully. Second, the ordeal will end far more quickly. Finally, the costs of mediation are significantly less than a full-blown trial. Contact us today for a consultation at (209) 910-9865.

Child Custody

How to Avoid Common Pitfalls in a Child Custody…

March 27, 2018May 25, 2020
by Anna Maples

It is an unfortunate reality that dissolutions involving children from the marriage can be the messiest variation of the dissolution process; even messier than a high-conflict dissolution involving substantial assets. It is important to bear in mind that the custody determination is motivated by the child’s best interests. As such, it is your best interest to not only affirmatively demonstrate that it is in your child’s best interest to remain with you, but also to avoid inadvertent conduct, which could be used to show that it would be detrimental to your child to remain with you. This article will address common pitfalls that parents encounter while requesting the Court to make custody determinations.

While many of these pitfalls should trigger your “well obviously” alarm, keep in mind that these occur frequently enough that an entire article had to be written about them.

Conduct Yourself as a Responsible Adult, at All Times

Dissolution is rarely a pleasant experience; you and your spouse are separating for a reason – reasons that were clearly irreconcilable. The process becomes exponentially less pleasant when the custody of your children is at issue.

Judges are aware that these situations are volatile in nature, and generally give parents a little leeway in how they conduct themselves at Court proceeding in relation to their ex-spouse; there are limits to this leeway however. In a round-about way, how you respond to high-conflict-stress reflects on how a Judge will perceive your abilities to properly parent and co-parent; something that is certainly included in determining a child’s best interests.

No matter how offensive or confrontational your spouse is, in and out of Court, you should always seek to take the high-road. This means never get close to a physical confrontation with your ex-spouse, never threaten your ex-spouse, and never express your anger in front of your child. All of this conduct could result in a denial of your request for custody and conditions on your visitation rights (i.e., supervised visitation).

Your responsibilities are not limited to the Court, you should always conduct yourself as a responsible adult in order to improve your chances that the Court will determine that it would be in a child’s best interest to remain with you. This means avoid posting photos on social media of you participating in irresponsible conduct, your ex-spouse will find it.

Example: Mary, who currently has custody over her daughter, likes to go out with her friends. Moreover, Mary frequently shares photos of her nights out with her friends. Over the course of 5 days, Mary posts several pictures of her smoking marijuana and drinking alcohol with her friends. Dan, who is seeking to modify the custody order to gain custody over his daughter, prints out these photos and shows them to the Court arguing that Mary would rather go out and get drunk all week than raise her daughter. The Court orders Mary to submit to drug testing and a condition of her custody.

While this is an extreme example, the point should be clear; what you post on social media will be used against you at some point.

Always Be Current on Your Child Support Obligations

Courts in California are very strict about parents meeting their support obligations to their children and will frequently use non-payment as the basis for significant restrictions on custody and visitation rights.

It is critical that you make timely child support payments every month. The Court will not show you leniency if you argue that the payments were too high after-the-fact. If the payments are too high, or your circumstances have changed, you must file a motion with the Court to modify your support obligations. The Court will work with you, if you give them a reason for why the support amount is to high, particularly where you can show that you have made significant efforts to meet those obligations. In custody cases, doing nothing and hoping for the best will never turn out well.

Always Communicate With Your Spouse Regarding Vacations

As mentioned at the outset, chances are you do not get along with your ex-spouse. It is natural to avoid communicating with them when you can, as there is a good chance it will devolve into an argument. Pair that with the flawed reasoning that they’re my children too, and it is easy to understand why parents frequently take their children on vacation (during their time with the child) without informing the ex-spouse; do not do this.

The Courts are concerned that a parent may use a surprise vacation as a pretext for kidnapping the child; it happens frequently. Similar to (2) above, the Court will not extend any leniency to you if did not even try to inform your ex-spouse and obtain consent for a vacation. The penalties could be incredibly harsh as well – you may even lose custody and be forced to submit to supervised visitation.

Always Respect the Court’s Determination

As is clearly the case, you or your ex-spouse are not going to be happy with the Court’s determination. What is truly mind-boggling, is that some people simply disregard the Court’s determinations when the outcome is unfavorable to them; do not do this.

As an initial matter, a Court order has the full effect of the law; your opinion on the matter is wholly irrelevant until another order is made. Therefore, it is critical that you comply with the Court’s order down to the smallest details. Failure to comply with the Court’s order could subject you to civil (or criminal) contempt, sanctions, and ultimately unfavorable rulings in the future.

Remember, you want the Court to understand that it is in your child’s best interest to remain with you; the Court is unlikely to believe that if you are unwilling to comply with their orders.

Don’t Forget Your Children Need You To Put Them First

As mentioned above, dissolutions involving children are very messy. Parents frequently feel like their entire world is falling apart; the stability of a spouse is gone, your finances are in limbo, and you don’t even know how often you will get to see your own child.

You can’t allow this turmoil to impact your ability to put your children first, a divorce is an even scarier reality for them – children depend on stability, and nothing is less stable than having their parents separate.

To that end, you don’t need to like your ex-spouse, but keep in mind that your ex-spouse is also going to be involved in raising your children going forward. You will need to show the Court an ability and willingness to co-parent with your ex-spouse, or the Court may deny custody to you.

This does not mean that you need to be friends with your ex-spouse, it simply means that you need to respect that they are also important in your children’s development. As such, it is essential that you refrain from attacking your ex-spouse’s character in front of your children. Further, always allow your ex-spouse their visitation time, regardless of whether they are in compliance with their obligations; the proper process is to inform the Court of their non-compliance and seek a modification to an existing order.

Don’t Forget the Status Quo

The Court’s primary concern is the best interest of the child, and it is generally accepted in the psychology of children that a stable living situation is critical. Thus, the Court pays very special attention to the status quo when making their custody determinations.

If the situation seems to be working well, with no significant negative impact on your child, the Court will be incredibly hesitant to issue an order changing the situation.

Example: Sam, the son of Mary and Dan, has been going to school with the same group of kids for the last 10 years. After the dissolution, Mary is planning on moving to another district, which would require Sam to change schools. Sam had straight A’s, a large group of friends, and was involved in numerous after school activities in the area. Mary is unlikely to be awarded custody in this situation, because the Court does not want to upset a situation that is benefiting the child.

The take away from this example, is that if something becomes the norm and doesn’t harm the child, the Court is likely to enshrine that norm in a Court order.

Don’t Forget That You and Your Attorney Are on the Same Side

Child custody is not the type of situation where you should represent yourself, the stakes are simply too high. To that end, conduct research and don’t be afraid to ask potential attorneys the hard questions – they appreciate a client who takes their case as seriously as the attorney will. \

There will be times where your attorney has to inform you of unfortunate truths and make suggestions that will be difficult and unpleasant to comply with. The lawyer is not doing these things out of malice, they are doing it to help you obtain the best outcome possible. Never lie to your attorney. California has the strictest attorney-client privilege rules in the country, and nothing you tell them will be conveyed to anybody else. Your attorney is not there to judge you, they are there to assist you.

If you are contemplating a dissolution involving children, please do not hesitate to contact us at (209) 910-9865 for a consultation.

Divorce

Death, Divorce, and Taxes

October 4, 2017November 6, 2019
by Anna Maples

Death, Divorce, and Taxes

While the title of this article is quite cynical, it is prudent to note that the divorce rate in the United States is hovering around 50%, As such, it is important to understand the implications divorce will have on your taxes. A divorce is already an unpleasant affair, but that unpleasantness can be compounded when the IRS gets involved the fiscal year after your divorce is finalized. The purpose of this article is to provide you with practical information on divorce and taxes.

When transferring property (personal or real), it is essential that the transfer not produce gift tax liability or a taxable gain. Further, the person transferring the property will not be entitled to an estate tax marital deduction, so they do not want the transfer to be considered when calculating their taxable estate.

The transfer of property between spouses as a result of divorce will not be viewed as a loss or a gain. Further, “as a result of divorce” is defined as a transfer of property within one (1) year of the end of the marriage. The “end of the marriage” is occurs when the marriage ended as the result of a divorce/separation instrument.

The transfer of property rights pursuant to a “Property Settlement Agreement”, which in turn is included in a Court’s decree of divorce, will not be viewed as a gift and is therefore not an item that can be taxed as a gift.

If the “Property Settlement Agreement” is not included in the decree of divorce, there is another method of shielding the transferred property from the gift tax. If the transfer is the result of an agreement between spouses, and the agreement occurred between one (1) year before and within two (2) years after the divorce, the transfer will not be viewed as a gift. To the contrary, the transfer will be viewed as constituting full and adequate consideration (this simply means that the transfer was pursuant to a valid contract, and is therefore not a gift).

Example 1:

Harry (“H”) and Wendy (“W”) have been married for ten years. For one reason or another, H & W have a falling out, and seek a divorce. During the divorce, H & W come to an agreement about how the marital community should be divided (“marital community” is legal jargon for all the assets that are deemed community property). In the division, H decided he was ok with allowing W to take ownership of their $2.5M villa in the Hamptons, as well as their $300,000 Bentley. This agreement is then incorporated into the Court Order granting H & W a divorce. If this were not considered a transfer of property as the result of the end of marriage, gift tax would have been paid on a gift of $2.8M, this would be a significant amount of money! However, since the transfer is the result of an incorporated “Property Settlement Agreement”, the transfer is valid under general contract law, and is not viewed as a “gain” for W either.

Example 2:

Harry (“H”) and Wendy (“W”) have been married for ten years. H & W begin to have a falling out, and seek couple’s therapy. During therapy, they decide that if therapy doesn’t work, and they did eventually get divorced, W would receive the $2.5M villa in the Hamptons, as well as the $300,000 Bentley. Six (6) months later, the worst-case scenario occurs, and H & W get a divorce. Subsequently, H honors his agreement with W and transfers his property rights in the villa and the Bentley to W. When property is transferred without consideration, it is deemed a gift (“Consideration” is legal jargon for a “bargained for exchange”, which means that both people got something out of the agreement. Remember, a valid contract does not exist without an offer, an acceptance, and consideration). The United States taxes gifts over a specified amount (as of September 8, 2017, that number is $15,000). However, since H & W entered into the agreement within one (1) year prior to their divorce, the transfer is deemed to be as a result of the end of the marriage. As such, the transfer is deemed to be supported by consideration, and will not be subject to a gift tax.

Alimony

In most divorces, one spouse makes more than the other spouse. Part of the Court’s job in a dissolution case is to create an equitable distribution of the community assets to place both people in a similar position to that which they were in during the marriage. This frequently includes payments from one spouse to the other, this is referred to as “alimony.” “Alimony” is specifically defined as the transfer of cash made under a divorce or separation instrument to a spouse or former spouse under the following conditions:

The instrument defines the payment as alimony, and nothing else (e.g. child support);
The payments do not extend beyond the life of the person paying the money;
The instrument doesn’t prohibit the reduction of the amount paid as the result of external factors; and
The parties do not live together when payments are made.

It should be noted that in some cases, payments to a third party are treated the same as a payment to the spouse (i.e. alimony). For example, if one spouse pays the other spouse’s mortgage, in lieu of cash, that payment is considered an alimony payment. The importance of determining whether something is “alimony” is that tax deductions may be made on the basis of alimony paid.

Further, alimony is not the same as child support payments, which are rarely deductible expenses for the individual making the payments and are no considered when determining the individual receiving the payment’s gross income for taxation purposes. There are many other types of payments, which do not count as alimony as well. Property settlements that are not made in cash are not “alimony” payments. Using the example of Harry and Wendy above, the transfer of the villa in the Hamptons and the Bentley are non-cash transfers and are therefore not “alimony.”

Once again, labeling something as “alimony” is no small matter. There are tax implications to transfers labeled as alimony. Namely, the person paying the alimony can deduct those payments from their taxes, and the person receiving the payments will have those payments included in the calculation of their gross income.

As a practical matter then, the spouse who will be obligated to pay alimony may prefer the non-cash property transfers to be at a minimum, while maximizing the amount of cash they must pay to the other party. This is because the payor will not be able to deduct the non-cash transfers when tax season comes, but he will be able to deduct his alimony payments.

In contrast, the person receiving the alimony payment will want a low alimony payment, and a high non-cash property so that her gross income is not distorted by the inclusion of alimony for taxation purposes. Further, since the non-cash transfers are not deemed gifts, the receiving spouse will enjoy the tax benefits of that as well.

Since labeling something as “alimony” can have a significant impact on a person’s taxes, many people have attempted to take advantage of the system. As a result, many laws have been enacted to prevent people from accomplishing that goal. For example, the law prohibits excessive “front-loading” of alimony payments. Excessive front-loading occurs when one spouse makes a massive alimony payment after divorce, and then pays a lesser amount the following months; this is an effort to alter their tax liabilities – it could even take the paying spouse to a lower tax bracket, giving them a net gain through alimony.

As you are likely aware after reading this article, careful planning is required when considering a property settlement in relation to divorce. With the assistance of competent lawyers and financial advisors, we can turn a financial loss into a final gain. If you and your spouse are contemplating a divorce, contact us today for a free consultation on your potential tax liabilities. After we have fully outline the financial implications of your divorce, we will work with you to generate an outcome that doesn’t result in financial woes the following tax season.

Divorce

Can a Lawyer Fight a Prenuptial Agreement in California?

March 21, 2017March 22, 2019
by Anna Maples

A prenuptial agreement—typically created before a wedding date is even set—can pose serious problems for one or both sides during divorce. Whether the prenup is valid or invalid, having one can lead to more stress than you need. Most people choose to work with prenuptial agreement attorney in Stockton in each scenario because having a lawyer who understands the consequences (and the potential complications) a prenup can cause is extremely helpful.

What Makes a Prenuptial Agreement Invalid in California?

A prenuptial agreement is a contract between two people that outlines what will happen to their property, assets, and debts in the event that they divorce. Many prenups also contain other information, such as stipulations about alimony.
However, these types of contracts, which are also called premarital agreements, must meet legal requirements to be valid under California law. A premarital agreement may be invalid if:

It was not signed by both parties prior to the marriage
One party was pressured to sign it
One party didn’t read it thoroughly or didn’t have adequate time to consider it before signing; the law requires a seven-day waiting period after a person is presented with the agreement before signing
It contains invalid provisions, such as requiring different child support obligations than the law allows (although the court might choose to only strike the sections that violate California law while leaving the rest intact)
It contains incomplete information, which is similar to containing false information under the law
It is grossly unfair to one spouse, leaving him or her facing severe financial or other hardship while the other suffered no such hardship

In California, both parties don’t have to be represented by an attorney before signing a prenuptial agreement. However, the non-represented spouse-to-be must sign a written acknowledgement that he or she was advised to get a lawyer but has chosen not to.

The Positive Side of Having a Prenuptial Agreement

If you have a valid prenuptial agreement in place, or even a post-nuptial agreement (one that you and your spouse signed after you married), you won’t have to go through the negotiation process during property division.
A valid, fair prenuptial agreement can take stress out of the divorce process. You already know which assets and debts are going to which party, and there’s no need to hammer out any details.

The Negative Side of Having a Prenuptial Agreement

If you signed a prenuptial agreement but your circumstances have changed, you may not feel the same about what it contains as you did when you signed it. You may feel now that you “threw away” rights that you shouldn’t have, or that the terms have become increasingly unfair to you over time… and all of that may be true.
However, it’s still a signed contract.

Can a Lawyer Fight a Prenuptial Agreement in California?

Depending on the circumstances, your attorney may be able to fight your prenuptial agreement in court. If any of the conditions that render the agreement invalid are present, or if your circumstances have changed since signing it, your lawyer can present an argument to the judge in your case.
The judge will consider several factors in determining whether the agreement is valid or if it’s even fair—and in some cases, the entire agreement can be thrown out.

Do You Need to Talk to a Prenup Lawyer in Stockton?

Whether your premarital agreement is valid or invalid, our team of Stockton, CA family law attorneys may be able to help you.
Call us at 209-910-9865. We’ll be able to provide you with case-specific legal advice so you can begin moving forward again.

Divorce

How Does a Premarital Agreement Affect Your Divorce?

March 14, 2017May 24, 2020
by Anna Maples

Having a premarital agreement—commonly called a prenuptial agreement or prenup—can change the divorce process significantly.
If you don’t have a premarital agreement in place, that doesn’t mean you won’t get a fair and equitable distribution of your marital property. California law requires divorcing couples to divide community property equally unless you have a prenuptial agreement in place.

What’s a Prenup or Premarital Agreement?

A premarital agreement, or prenup, is a legal contract set up by a couple who intends to marry. It can contain a wide range of information, including what happens to individual assets if the couple divorces.

What Can You Include in a Premarital Agreement?

A premarital agreement can contain anything you’d like to put in it, but some of the most common items these legal contracts cover include:

A list of each party’s individual assets that they’re bringing into the marriage
Information on which individual assets will remain individual assets in the event of a divorce
A determination of how the couple will divide marital property in the event of a divorce
An explanation of who’s responsible for debts
Limits on spousal support in the event of a divorce

How a Premarital Agreement Affects the Divorce Process

A premarital agreement can take a divorce one of two ways: it can make it easier or it can make it more complicated.

If you have a premarital agreement in place, you won’t have to negotiate over property division or other issues that the prenup includes. You probably won’t need the court to intervene and make decisions on your behalf, either. Both of those things save you time and money.

However, sometimes having a prenup can negatively affect your divorce—such as when one spouse asks the court to reject it. This can cause your divorce to take longer than it ordinarily would, and it typically always costs more in legal fees, too.

Can You Ask the Court to Reject Your Premarital Agreement?

You can ask the court to reject your premarital agreement, but you must have a legitimate reason. The judge in your case will be the one who determines whether your reason for wanting to abandon the premarital agreement is legitimate.

In some cases, prenups are actually invalid (and that’s one of the most common reasons people contest them during divorce).

What Makes a Prenup Invalid?

For a premarital agreement to be valid under California law, it must meet certain criteria. You must have it in writing, and it must be free from fraud.
Your premarital agreement may be invalid if either party was:

Under duress
Coerced
Mentally incapacitated

Finally, if the agreement is “unconscionable,” which means that it’s incredibly unfair to one spouse, the court may find that it’s invalid.

Do You Need to Talk to a Divorce Attorney About Your Premarital Agreement?

If you need to talk to a Stockton family law attorney about your divorce and premarital agreement, we may be able to help you.

Call us at 209-910-9865 for a complimentary case evaluation. We’ll be able to give you case-specific legal advice you can use moving forward.

Child Custody

Temporary Custody: What You Need to Know

March 9, 2017June 8, 2020
by Anna Maples

During divorce, child custody can be one of the most contentious issues you’ll face. You, as parents, both want what’s best for you children—but if you’re like many parents, you disagree on exactly what that is.

California Child Custody Overview

In the state of California, the law requires that divorcing couples who share children propose a custody arrangement. The state recognizes two types of custody: physical and legal.

Physical Custody

The term physical custody refers to where the child stays overnight. If your child spends five nights per week with you and two with your spouse, you’re sharing physical custody. Physical custody is different from visitation or parenting time; those terms refer to the time your child spends with each parent.

Legal Custody

The term legal custody refers to which parent has the authority to make major decisions for the child. Those decisions can include choices related to healthcare, religion, and education, as well as other important issues.

What is Temporary Custody in California?

If you believe that your child is in immediate danger, you can ask the court to issue a temporary custody order. The danger can be physical or psychological; you can also ask the court for a temporary custody order if your child is in danger of being removed from the state. The court may also, at this time, issue a child support order.

Permanent Child Custody

You have the right to work with your spouse to create a parenting plan that outlines child custody (both legal and physical). If you both agree to it, the Stockton judge assigned to your case will most likely approve it—although there are some exceptions, such as when the parenting plan is clearly unfair to the children.

Judges are tasked with the important responsibility of putting the children’s needs first. Yours (and your spouse’s) are secondary to what the kids need.

If the judge approves of your parenting plan, he or she will sign it; then it becomes a permanent court order. Naturally, if your (or your spouse’s) circumstances change, you can ask the court to change the order.

Will Temporary Custody Affect Your Permanent Custody Arrangement?

Depending on the reason that you asked the court to issue a temporary custody order, it could affect your permanent custody arrangement. If one parent is incarcerated, for example, or if one parent puts the children in harm’s way, the judge may take that into account when ordering permanent custody.

Talk to a Child Custody Lawyer Now About Temporary and Permanent Custody

Child custody is often one of the most difficult aspects of a divorce, and for many people, that signals a need to work with an experienced Stockton child custody attorney.

We may be able to help you if you need to file for temporary custody of your children during divorce.
Call us at 209-910-9865 for a free case review. We’ll evaluate your situation and give you case-specific legal advice so you can begin moving forward.

Divorce

Divorce and Property Settlement: 5 Tips to Negotiate With…

February 27, 2017March 24, 2020
by Anna Maples

When you go through a divorce in California, you’ll have to go through several steps — and one of them is creating a divorce property settlement. Here’s how to negotiate during divorce so you can reach a fair, reasonable outcome.

How to Negotiate During Divorce

If you’re like most people, you have no idea how to negotiate during divorce. That’s okay, because you probably haven’t been through it before.

However, before we get into how to negotiate, we need to cover:

What is a property settlement?
Whether you have to settle on debt
Divorce property settlement laws in California

What is a Property Settlement in Divorce?

California is a community property state. That means the property you acquire (beginning on the day you marry and ending on the day your marriage ends) is supposed to be divided equally between you when you divorce.

A property settlement agreement is the agreement you and your spouse reach to divide your property equally and fairly. Equal doesn’t always mean 50-50, though. It can mean that you each get your own vehicle, even if one is valued more highly than the other, and for the most part, the courts will take into account whether you feel the agreement is fair and equitable.

Does a Divorce Settlement Agreement Include Debt?

A divorce settlement agreement does include debt. All of the debt you incur while you’re married is considered community property; you’re both responsible for it.

Divorce Property Settlement Laws in California

In many cases, divorcing couples can figure out a property division arrangement that works for everyone involved.

However, if you and your spouse cannot reach an agreement, or if the agreement you reach is obviously skewed unfairly to one side, the Superior Court steps in and splits your property and debt equally.

Now that you’re familiar with the concepts you’ll have to deal with, here’s how to negotiate during divorce.

How to Negotiate During Divorce: 5 Tips to Help You Figure Out Your Divorce Property Settlement

Ideally, you and your spouse will be able to reach an agreement on your own. If you can’t, you’ll force the judge to step in. That can drag out your divorce, and often, couples come out of the courtroom feeling as if they’ve both lost. (Your Stockton divorce and property settlement lawyer will encourage you to reach an agreement with your spouse long before you show up in court because doing so will save you time and money — and you’ll have fewer headaches with the whole ordeal.)

Check out these five tips as you learn how to negotiate during divorce:

Remember that divorce and property division are business transactions.
Be logical and reasonable every step of the way.
Watch for coercive tactics.
Use helpful, rather than harmful, phrases.
Don’t become trapped in predictable scenarios.

#1. Pledge to Look at Your Divorce and Property Division Issues as Business Transactions

When you divorce, you’re dissolving your marriage contract. While that seems like an unfeeling way to look at things, it’s how the law sees it—and your property division is no different. Treating property division as a negotiation process can make things much simpler.

#2. Be Logical and Reasonable

You can’t afford to ignore the “big picture” when you’re negotiating a divorce settlement with your spouse. You don’t have to be adversarial; in fact, looking at a divorce like something you have to win can be counterproductive.

Related: More divorce negotiation tips

#3. Watch for Coercive Tactics

While coercive tactics can be tough to spot, if your spouse is attempting to use them on you, it’s imperative that you stop, back away from the process, and regroup. Coercive tactics that some spouses employ include:

Personal attacks, including insults and implications
Lying or threats
Psychological tricks, such as attempting to get you to feel guilty
Refusal to negotiate
Escalating demands
Planning delays to make things more difficult for you
Withholding money or access to your children

Chances are good that your divorce attorney is going to notice these tactics if your spouse uses them — they’re actually fairly common in adversarial divorces.

#4. Use Helpful Phrases to Encourage Your Spouse to Cooperate

Negotiations come to a grinding halt when one party says, “I’m not going to let you win.”

Remember that in successful negotiations, both parties “win.” When you’re working with your spouse to reach an agreement, try phrases that help the process along, such as:

“Can we go over this again to make sure I understand it correctly?
“Please correct me if I’m wrong, but…”
“My main concern is fairness.”
“Or we could try…”

#5. Don’t Become Trapped in Predictable Scenarios

It’s perfectly normal for divorce negotiations to seep into your emotions. The key, though, is not letting your emotions rule the negotiation process. When your spouse becomes angry or attempts to drag you into a disagreement, step back. Take some time to cool down and let your attorney summarize the issue so you can move forward.

What Should I Ask for in a Divorce Settlement?

If you’re like many people, you’ve heard divorce stories that run the length of the entire spectrum — some people say, “She took everything from me!” while others say, “We had a fair settlement. Actually, maybe I got more than he did.”

So what should you ask for in a divorce settlement?

The answer is simple: Ask for what you need to be reasonably satisfied with the outcome. Remember, too, that the judge is unlikely to sign off on anything that’s patently unfair (to you or your spouse). Don’t ask for the house, the cars, all the furniture, your savings accounts and half your spouse’s retirement — even if you’re pretty sure you deserve all those things.

California is a community property state, which means the assets you and your spouse acquired while you were married belong to both of you. You can make trade-offs, but make sure you’re asking for things you actually want. If you only want the house so you can sell it and pocket the proceeds, you need to know that the courts will expect you to trade something of equal value — and if your spouse would remain in the house with the children, it’s probably not a great idea to try to fight for it.

How Do You Negotiate Spousal Support?

Negotiating spousal support can be one of the most difficult aspects of your divorce. Before you begin negotiations, remember that the judge in your case will only sign off on your agreement if it’s fair to both of you — and if the paying party can reasonably afford it.

When one spouse doesn’t agree that the other needs spousal support, negotiating for it can be incredibly difficult. You may need your attorney to step in. However, if you’re both in agreement that some spousal support should change hands, make sure that you can see things from your spouse’s point of view.

Try these tips to negotiate spousal support:

Stay calm. If either of you becomes upset, negotiations are going to grind to a halt.
Don’t point the finger or make demands. Try saying things like, “I feel upset when you say I’m asking for too much. It’s difficult for me to support myself when I need to go to school to learn marketable skills. I’d like it if you could help me with $X so I can get on my feet.”
Actively listen to what your spouse is saying. That means summarize what he or she is saying and repeat it back so that your spouse knows you’re actually paying attention.
Ask questions to help your spouse collaborate with you. Think about saying things like, “I’m worried about being able to pay a sitter while I’m at school. What are your ideas?”

You don’t have to know exactly how to negotiate during divorce… but you do need to go into it with a positive attitude and be willing to settle for a reasonable outcome. You also have to know that your lawyer is here to help you every step of the way.

Do You Need to Talk to a Lawyer About How to Negotiate During Divorce?

We can help you with your divorce and property settlement agreement. Just call us at 209-910-9865 to tell us what you’re going through. We’ll put together a strategy that gets you the best possible outcome.

Divorce

The First Step in Divorce: Filing a Petition for…

February 22, 2017June 8, 2020
by Anna Maples

Before you can begin the divorce process, which includes negotiating property division, child custody, and, in many cases, spousal support, you must first file a petition for dissolution.

What is a Petition for Dissolution?

A petition for dissolution is the first step in any divorce proceeding in Stockton or elsewhere in California. When your divorce lawyer files the petition, the court will assign you a case number and stamp it on the document. Once this happens, you officially have an open divorce case.

Remember, though: filing a petition for dissolution is not the same thing as a summary dissolution (that’s an expedited form of divorce that not everyone qualifies for).

What’s Included in a Petition for Dissolution?

The petition for dissolution needs to include quite a bit of information. Your contact information, the court’s name and mailing address, and details about the legal relationship you’re dissolving are all required.

The petition also includes other important information, including:

Your date of marriage or the registration date of your partnership
Whether you have children, and if you do, how old they are
Your custody plan (whether you intend to share legal and physical custody, and which parent will get visitation)
Child support and spousal support information
Information about your separate and community property
Whether you have other requests, such as changing your or your spouse’s last name or whether one person should be responsible for the other’s legal fees

Simply writing something on the petition for dissolution doesn’t mean the judge is automatically going to grant your request. Some things, such as child custody, are contentious issues that may require more thought than checking a box on a pre-made form.

Does it Matter Who Files the Petition for Dissolution?

On a personal level between you and your spouse, the one who actually files for divorce may look like “the bad guy.” While that’s not true, it can feel like it — and that causes many people to wait to file for divorce, even when they know the marriage is over.

Legally speaking, there may be an advantage to being the one who files the petition for dissolution in a California court.

If you file first, you’re the petitioner. If your spouse files first, he or she is the respondent.

Venue for Your Divorce Case

In some divorce cases, jurisdiction is important (such as when one party to the divorce lives in Stockton and one lives in Modesto). If you file for divorce in San Joaquin County, chances are good that this county will have jurisdiction over your case.

Serving the Petition and the Divorce Summons

After filing the petition and some of the other documents necessary to complete a divorce in the state of California, your attorney will most likely hire a registered process server to deliver the documents to your spouse.

This delivery is commonly referred to as serving.

For the most part, it’s not a good idea to serve your spouse (or to ask family or friends to do it) these documents yourself. This helps protect you and ensures that the papers are served exactly in the way the law requires.

Do You Need to Talk to a Family Law Attorney in Stockton?

For most people, it makes sense to work with a skilled team of family law attorneys in Stockton, CA. In addition to providing you with case-specific legal advice (no two cases are the same, so there’s no one-size-fits-all answer for divorce), your lawyer will go to court and fight hard for your rights as a spouse and as a parent if necessary.

Your attorney will also be there when you have questions, fill out and file all the appropriate paperwork, and get you the best possible outcome during this difficult time.

If you need to talk to a family law attorney in Stockton, call us at 209-910-9865 for a free divorce case review. We’ll evaluate your situation and provide you with the legal advice you need right now — and we’ll help you start moving forward with your life.

Divorce

Contested vs. Uncontested Divorce in California

February 6, 2017March 23, 2020
by Anna Maples

Contested vs. Uncontested Divorce in California

California is a no-fault divorce state, which means that neither spouse has to prove that there was any misconduct on the part of the other. The only requirement for a no-fault divorce is that the couple state that they cannot get along. This is referred to in the courts as “irreconcilable differences.”

However, just because the divorce is based on irreconcilable differences doesn’t necessarily mean that the divorcing couple disagrees on how to divide the assets. When a couple can agree on how to divide all of their assets, the divorce is considered an “uncontested” divorce. When they disagree on any part of the division of assets, then the divorce is considered a “contested” divorce. However, the level and type of disagreement in a contested divorce can range from minor disagreements in a few areas to disagreement in every area. Each type of divorce presents different considerations and even couples who fully agree on most things might not be suited for an uncontested divorce. Likewise, couples who disagree on everything may still be candidates for an uncontested divorce.

Uncontested Divorce

In an uncontested divorce, the couple usually agrees on how to divide their marital property and provide for their children. An amicable and uncontested divorce is generally the simplest, easiest, and most cost effective form of divorce available. However, it’s important to keep in mind that divorce proceedings can be complex legal issues in even the most uncomplicated of marriages. An uncontested divorce settlement involves a lot of intricate components including the income of the couple, the source of that income, whether children are involved, the length of the marriage, and whether there is any animosity between the couple. Even if you and your spouse can agree on everything, an uncontested divorce may still not be in your best interest.

Who is a Good Candidate for an Uncontested Divorce?

Couples with little to no assets and no children;
Couples who agree on how to divide their assets, who will have physical custody of the children, who will have legal custody of the children, and how much, if any, child and/or spousal support should be provided.

Who is Not a Good Candidate for an Uncontested Divorce?

Marriages with physical or emotional abuse;
Marriages where child abuse is/was present;
When one spouse is, or is suspected of, hiding income and/or assets;
When one or both spouses are engaged in attempting to alienate the affections of the children;

In marriages with these types of issues, there is a very real possibility that the offending spouse may try to manipulate the other into an agreement that is more beneficial to them and it is not uncommon for the victim spouse to agree to an arrangement just to get out of the situation. While getting out of a bad situation is important, it is also important that you are legally protected when you do so. In these types of cases, it is extremely important that you have a neutral party available to give you sound legal advice and ensure that your interests are fully protected.

How Long Does an Uncontested Divorce Take in California?

How long does it take to get a divorce in California if both parties agree? Typically, it takes about 6 months. There’s a 6-month waiting period for anyone, whether the divorce is uncontested or contested, so you can’t get divorced any sooner than that.

Can I Get a Divorce in One Day?

You can’t get a divorce in one day in California. Once you’ve been through the mandatory 6-month waiting period, it’s possible that a judge could grant your divorce the next day – but even that could only happen if you and your spouse have an uncontested divorce and you agree on everything.

There is one small catch: If you and your spouse haven’t settled all the issues in your divorce but want to be divorced as quickly as possible, you can ask the court for a bifurcated divorce. That means the judge grants your divorce but lets you continue to work on some of the issues after the fact. This is the only way to expedite divorce in California.

How Do I File an Uncontested Divorce in California?

For most people, even if a divorce is uncontested, it’s a good idea to work with an attorney. The paperwork can be complicated, and if you end up having to go to court, you may want an experienced lawyer in your corner. However, if you choose to file an uncontested divorce in California on your own, you’ll have to:

Fill out the appropriate court forms
Make at least two copies of everything
Have your forms reviewed, if you’d like, by an attorney
File your forms with the right court clerk
Serve your papers on your soon-to-be ex-spouse
File a Proof of Service

Because the steps can also be confusing – and because you may want to ensure that your spouse isn’t trying to take advantage of you – you may want to consult with a lawyer about your options before you file.

Do I Need a Lawyer for an Uncontested Divorce?

Not necessarily. However, a divorce, under even the best of circumstances, can be difficult and complicated. Spouses who agree on most things may find a few issues that are sticking points or may find that as the process continues, the lines of communication begin to shut down. In addition, there may be areas in your divorce that need to be addressed that neither you nor your spouse had considered. Hiring an attorney can help you resolve issues that you are having a difficult time agreeing on and also bring your attention to areas about the division of assets and child and spousal support that you may not be aware of.

What if I Can’t Afford to Hire an Attorney?

If you can’t afford to hire an attorney, you can proceed pro se. A pro se divorce is a divorce that is initiated without the aid and advice of an attorney. This method is best suited for couples who have reached an agreement regarding all of the terms of their divorce. However, proceeding pro se is not recommended for couples who can’t come to an agreement as to how to divide their assets.

Additionally, proceeding pro se is not recommended for people who have experienced domestic violence or psychological harassment during their marriage. There is the very real possibility that the unequal dynamics of the marriage will reemerge in the divorce process, which could put one partner at a disadvantage in the divorce settlement. If you have suffered abuse during your relationship, it is in your best interest to seek legal advice from a qualified individual.

If you are short on funds, but need legal counsel, many attorneys offer limited scope representation. Limited scope representation allows you to hire an attorney to help you with just the areas where you need assistance rather than the entire divorce proceeding.

Can You File for Divorce Online in California?

You or your attorney must file physical paperwork in court. There’s no way to file online (although your attorney can send you paperwork through email).

Contested Divorce

A heavily contested divorce is the most difficult type of divorce. The relations between spouses can and do get volatile and disagreements can be compounded, extending the length of time the divorce proceeding lasts. Areas of disagreement can range from full disagreement on everything to minimal disagreement on some things. The more the couple disagrees, the more difficult it can be to come to an agreement about how to distribute the marital property and child rearing duties. In these types of divorces, it is imperative that you have a knowledgeable attorney available to ensure that your divorce settlement is fair and accurately represents your wishes.

Areas to Consider Before Deciding Which Type of Divorce is Right for You

Some of the major issues you and your spouse need to consider prior to initiating the divorce proceedings are:

Here’s a closer look at each.

Child Custody

California law favors joint physical and legal custody of children. (Physical custody concerns where the child will live while legal custody concerns who will make basic legal decisions for the child regarding the child’s healthcare, schooling, and other day to day activities.) How you and your spouse decide to divide your children’s time and expenses is generally up to you, the division does not have to be 50/50. However, the arrangement should be made in such a way that it preserves the child’s relationship both of his or her parents.

Some things to keep in mind when determining custody arrangements include:

The best method and arrangement to maintain the child’s relationship with each parent;
Each parent’s work schedule;
How to divide holiday schedules, birthdays and school vacations;
The physical and mental needs of the child;

Child Support

California courts determine how much child support needs to be paid according to specific guidelines. As a general rule, California bases child support payments on:

Amount of time spent with the child
The amount of money the parents earn
The number of children,
The tax filing status of each parent,
Health insurance expenses,
Daycare and uninsured health-care costs.
Any special needs of the children.

The guidelines present the minimum amount of basic care that parents must pay. However, parents may choose to pay an amount higher than that suggested by the court.

If you are interested in the finding out how much child support is recommended in your case, you can use the California Guideline Child Support Calculator.

Division of Assets

California is a community property state. In a community property state, all assets that a couple earns during the marriage, that are not considered separate property, are to be divided equally.

Assets you should consider are:

Any real estate you and your spouse own together;
Any real estate that was purchased in one spouse’s name using money from the marriage (this includes using any money earned through work that was done during the marriage);
Any income from an employer, including any benefits the employer offers (401(k)s, pensions, other perks that are part of an incentive package);
Income from self-employment;
Any stocks, bonds or other investments;
Any personal property, such as cars, jewelry, art objects;
Any retirement accounts or investment accounts;
Money earned from gambling, the lottery or other similar activities.

What exactly constitutes marital property and what constitutes separate property can be extremely difficult to determine. In many cases, property that was held by one spouse only may still be community property depending on how and when it was purchased. This is true even for property you are unaware of. If you and your spouse have a lot of assets, then it is in your best interest to seek legal advice prior to entering into any divorce agreements.

Division of Debts

Just like assets, all debts incurred during the marriage are considered community property. This means that both parties are responsible for repaying the debt. This includes mortgages, credit cards, student loans, car loans, etc. Even debt that your spouse incurred without your knowledge may be considered community property and you may be equally liable.

Do You Need to Talk to an Attorney About Contested vs. Uncontested Divorce in California?

Call us at 209-395-1605 for a consultation now. We’ll answer your questions and start building a strategy that gets you the best possible outcome.

Author: <span>Anna Maples</span>

Death, Divorce, and Taxes

What Makes a Prenuptial Agreement Invalid in California?

The Positive Side of Having a Prenuptial Agreement

The Negative Side of Having a Prenuptial Agreement

Can a Lawyer Fight a Prenuptial Agreement in California?

Do You Need to Talk to a Prenup Lawyer in Stockton?

What’s a Prenup or Premarital Agreement?

What Can You Include in a Premarital Agreement?

How a Premarital Agreement Affects the Divorce Process

Can You Ask the Court to Reject Your Premarital Agreement?

What Makes a Prenup Invalid?

Do You Need to Talk to a Divorce Attorney About Your Premarital Agreement?

California Child Custody Overview

Physical Custody

Legal Custody

What is Temporary Custody in California?

Permanent Child Custody

Will Temporary Custody Affect Your Permanent Custody Arrangement?

Talk to a Child Custody Lawyer Now About Temporary and Permanent Custody

How to Negotiate During Divorce

What is a Property Settlement in Divorce?

Does a Divorce Settlement Agreement Include Debt?

Divorce Property Settlement Laws in California

How to Negotiate During Divorce: 5 Tips to Help You Figure Out Your Divorce Property Settlement

#1. Pledge to Look at Your Divorce and Property Division Issues as Business Transactions

#2. Be Logical and Reasonable

#3. Watch for Coercive Tactics

#4. Use Helpful Phrases to Encourage Your Spouse to Cooperate

#5. Don’t Become Trapped in Predictable Scenarios

What Should I Ask for in a Divorce Settlement?

How Do You Negotiate Spousal Support?

Do You Need to Talk to a Lawyer About How to Negotiate During Divorce?

What is a Petition for Dissolution?

What’s Included in a Petition for Dissolution?

Does it Matter Who Files the Petition for Dissolution?

Venue for Your Divorce Case

Serving the Petition and the Divorce Summons

Do You Need to Talk to a Family Law Attorney in Stockton?

Contested vs. Uncontested Divorce in California

Uncontested Divorce

Who is a Good Candidate for an Uncontested Divorce?

Who is Not a Good Candidate for an Uncontested Divorce?

How Long Does an Uncontested Divorce Take in California?

Can I Get a Divorce in One Day?

How Do I File an Uncontested Divorce in California?

Do I Need a Lawyer for an Uncontested Divorce?

What if I Can’t Afford to Hire an Attorney?

Can You File for Divorce Online in California?

Contested Divorce

Areas to Consider Before Deciding Which Type of Divorce is Right for You

Child Custody

Child Support

Division of Assets

Division of Debts

Do You Need to Talk to an Attorney About Contested vs. Uncontested Divorce in California?

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