The division of a 401(k) in a divorce is a complex process. Specific paperwork must be prepared and orders issued by the judge. It is easy for those who represent themselves to miss this important aspect of a North County or Carlsbad divorce. Retirement accounts such as a 401(k) are often one of the largest assets in a North County…
Community property
What Happens to Carlsbad Business Owners in a Divorce
What happens to Carlsbad business owners in a divorce? How is the ownership of a business handled in a North County San Diego divorce? What happens to the business itself? Can the company continue to operate during and after the divorce? Solo business owners worry about how their company will be handled in a divorce. You’ve invested your money, time,…
What is Goodwill as it Relates to Business Ownership in a Carlsbad Divorce?
What is Goodwill as it relates to business ownership in a Carlsbad divorce? Goodwill is an important component in the valuation of a business ownership or professional practice in a North County or Carlsbad divorce. Goodwill is an inherent part of many businesses, and while it may not have a precisely measurable value, the intrinsic value of Goodwill must be…
What Impact Does Moving Out of the Family Home Have in a California Divorce?
We are often asked by our clients “what impact does moving out of the family home have in a California divorce?” While this is a complex question and specific advice cannot be given in this context without meeting with an experienced Carlsbad divorce attorney we can review general principles. For many years, the party who left the family home suffered…
How is the Value of a Business or Professional Practice to be Calculated in a North County or Carlsbad Divorce?
When one or both of the parties in a North County or Carlsbad divorce own a business or professional practice (or an interest therein) the “community” has a monetary interest which must be equitably divided between the parties. How is the value of a business or professional practice calculated in a North County or Carlsbad divorce? How can the attorneys…
Calculation of the Value of a Business in a North County San Diego Divorce
If you are considering a divorce and you or your spouse jointly or separately own an interest in a business one of the most important issues will be the calculation of the value of a business in a North County San Diego divorce case. When a divorce includes a business or professional practice the first step to determine the community…
Student loans in a California Divorce
Student loans in a California divorce are treated differently than other debt or liabilities incurred during the marriage. The traditional analysis considers all debt incurred during the marriage as community in character which results in each party equally sharing the responsibility of repayment upon divorce. Student loans are treated differently. The California legislature, in response to an appellate court case…
Important Decisions During a Carlsbad Divorce
There are important decisions during a Carlsbad divorce and one of the most important is to stop taking the advice of your former spouse. A recent case serves as a good example: Q: My husband has been mean to me, saying nasty things in the presence of the children. I know that is damaging to the children so I finally…
One Thing to be Thankful For During a Divorce
A divorce in Carlsbad, Oceanside or anywhere in Carlsbad carries enough emotional, financial and practical every-day life burdens to overwhelm even the most sturdy of us. In the spirit of the day we thought it might be good to focus on something that might actually be a positive note when it comes to divorce. Here in California and across the…