Recent Blog Posts
The Paternity Presumption
In California, there is a “paternity presumption.” The presumption is, in essence, if a woman is married to her husband when she gives birth to a child then the husband is the presumed biological father of the child. The specifics of the presumption is described in California Family Code section 7611. But – what… Read More »
Can Both Parents Claim Their Child on Their Tax Returns?
Raising children is costly, especially for divorced parents. Both California and the federal government offer tax credits to help offset some of these expenses. But what happens when parents live apart? Can both parents claim their child on their tax returns? If you pay child support, do you automatically get to take the tax… Read More »
What is Spousal Abandonment?
When a spouse leaves the family home in California, it can leave the other wondering if they have been legally abandoned by their spouse. This situation, known as spousal abandonment, is a recognized legal issue in California. How Does California Law Define Spousal Abandonment? The California Family Code does not provide a specific definition… Read More »
The Importance of the Date of Separation
The date of separation in a California divorce can significantly impact your financial future. It might seem like a small detail, but in reality, it is a crucial marker that can affect how your assets and debts are divided. California is a community property state, which generally means that both individuals in the marriage… Read More »
The Power of Forensic Accounting in Divorce
Forensic accounting in a divorce case is a process of thoroughly analyzing a couple’s financial estate to help ensure that the division of assets and property is fair and equitable. There are several key benefits of forensic accounting in divorce: Locating hidden assets: A forensic accountant can search for any assets that may have… Read More »
Changing Your Mind About Divorce?
Changing your mind about filing for divorce is more common than you might think. Even couples who make the tough decision to file the paperwork can have a change of heart and reconcile. There are some key things to think about before you make the decision to withdraw your divorce petition. Mutual agreement –… Read More »
Hiding, Diverting, and Stealing Assets Amidst Divorce
While divorce is bound to come with its fair share of arguments and contention, it adds a new wrinkle to the chaos when you believe that your spouse is, or may try, to hide, divert, or steal assets. And with a relationship that is breaking down it is easy to imagine a situation where… Read More »
Dividing a Business in Divorce
The economic climate can have a profound impact on how a business is divided in divorce. A business often represents one of the most valuable assets in a marriage and deciding how to handle it during a divorce is rarely straightforward. This article highlights the several options that spouses can explore to reach an… Read More »
Diffusing Negotiations When Divorcing Parties Want to Fight
A divorce settlement deals with very significant and personal issues. Where are you going to be able to afford to live? Will the relationship with your children be affected? Will you still be able to retire when you planned to? Every aspect of a person’s life will be affected moving forward – and much… Read More »
Community Property in California
California recognizes a “community property” model, meaning that property and debt acquired during the course of the marriage are considered to belong to both spouses and should be divided equally. However, there are important exceptions. Separate property: The courts recognize that an asset or debt acquired before the marriage, as well as gifts or… Read More »
