Category Archives: Divorce
Handling an Upside-down Mortgage in Divorce
It’s a tale as old as time: a couple weds, works hard, saves, buys their dream home, but as life takes unexpected turns, the marriage may come to an end. Divorce is never easy, but for many couples, there is an added complication when their property is worth less than what is owed on… Read More »
Identity Theft and Divorce: Protecting Yourself When Your Ex has Access to Your Personal Information
When thinking about the difficulties that come with an impending divorce, many people overlook identity theft during or after a separation. Identity theft is a real risk after a couple separates, especially when your ex has access to bank accounts, credit cards, social security numbers, passwords, and other sensitive data. A bitter or vindictive… Read More »
Dividing Military Retirement in California Divorce
California is a community property state. That means any income, property, assets, or debts acquired during the marriage (from the date of marriage through the date of separation) is presumptively community property and is equally split in a divorce. Military retirement benefits are no exception. Under the Uniformed Services Former Spouses’ Protection Act (USFSPA),… Read More »
A Flipping Headache: Valuing a Business in Divorce
Divorce is oftentimes not simple, especially when a business is part of the marital estate. In California, where community property laws apply, both assets and debts acquired during marriage are presumptively community property and equally split. That includes businesses – whether one spouse founded a business or both were involved. Why Business Valuation Matters… Read More »
Dividing Property in a Divorce Involving Financial Abuse
California is a no-fault divorce state. This means that a couple seeking a divorce is not required to prove that someone did something terribly wrong in order to end the marriage. It is enough that one spouse believes the relationship is at an end. Because California grants divorces without evidence of wrongdoing by a… Read More »
Understanding Coercive Control in California Divorce Proceedings
One of the most misunderstood forms of abuse is coercive control – a pattern of behavior used to dominate, isolate, and disempower a partner. California has taken bold steps toward recognizing the complexity of abuse beyond physical violence. Legally defined under California Family Code section 6320, “coercive control” is now recognized as a form… Read More »
Understanding the Financial Impact of Divorce: Part II
As laid out in part I of this article, it is important for anyone contemplating a divorce to understand the financial impact that divorce will have on your life. The more you understand what to look out for, the more you can protect your own interests and help to ensure that you take the… Read More »
Understanding the Financial Impact of Divorce: Part I
Divorce affects everything. It is an emotional challenge, a psychological challenge, and a financial challenge. Somehow, all rolled into one. Many going through a divorce are simultaneously balancing concerns around maintaining important family relationships, getting through the day to day, and planning for a future that suddenly feels less certain and defined. This is… Read More »
Divorce Appeals in California: What You Need to Know
Navigating the aftermath of a divorce can be challenging, especially if you believe the court’s decision was unjust. In California, the legal system has developed to provide a way for individuals to contest certain court decisions that they believe to be unjust, through an appeals process. This article aims to offer a brief overview… Read More »
Can I Get a Confidentiality Agreement During My Divorce?
No one wants details of their private life shared with the public without their consent. Everything that is filed with the public court is available to the public unless the filing is confidential, automatically by law or requested and granted by the court. Additionally, court hearing in family court are public. If you own… Read More »