There is one clear lesson you need to know about Carlsbad Family Law Courts: You should never attempt to hide assets in a Carlsbad divorce. Attempting to conceal an asset or substantially reduce it’s reported value is illegal and almost always discovered. Here in California, divorcing spouses owe each other a “Fiduciary Duty.” They must continue to act in the…
Community property
Does One of Us Have to Move Out in a Divorce
Does one of us have to move out in a divorce here in North County San Diego? What impact will moving out have upon the party who leaves the home during a divorce? It used to be almost necessary for one party to move out of the family home during the process of a divorce. It was to help establish…
When Doctors Divorce in Carlsbad
What are the primary issues when doctors divorce in North County San Diego? Like most, child custody and parenting time is a primary concern when the couple share a children. However, one of the central issues in a physician’s divorce will also be the valuation and division of their interest in a professional practice. Many physicians insist upon a prenuptial…
Millennials Trying to Avoid Property Division in Divorce
Some millennials trying to avoid property division in divorce here in Carlsbad may be in for a surprise. A recent Bank of America survey concluded many millennials are electing not to open joint accounts with their new spouse after marriage. The Bank of America study shows 28% of newly married couples are maintaining separate checking and savings accounts from their…
What Happens to Joint Accounts During a Divorce
What happens to joint accounts during a divorce in North County San Diego? What do you need to know about handling community funds and your separate money during a divorce? Under California law, all of your income and any monies, investments or assets you’ve accumulated or accessed while married are almost always community property. There are exceptions for specifically identified…
How to Raise the Issue of a Prenup Before the Wedding
There are many sound legal and financial reasons to consider a prenuptial agreement or “prenup” before getting married. However, many people simply don’t know how to raise the issue of a prenup before the wedding without upsetting their spouse or disturbing the relationship. This is quite understandable. After all, who wants to even consider issues regarding the end of a…
Valuation of a Medical Practice in a Divorce
How do you establish the valuation of a medical practice in a divorce in North County or North County San Diego? What is the difference between the portion of the practice which might be community property and that which is a separate asset? Usually, the value of a business is generally established by dividing it’s present income stream or benefits…
What Happens When a Former Spouse Attempts to Hide Assets During a Divorce?
What happens when a former spouse attempts to hide assets during a divorce in Carlsbad, Encinitas, Oceanside or anywhere in Carlsbad? One of the first steps the parties take in a divorce is to submit disclosures which identify all debts and assets. This includes, but is not limited to: The family home and other real estate Bank and investment accounts…
Is Pet Custody Anything Like Child Custody in a Carlsbad Divorce
Is pet custody anything like child custody in a Carlsbad divorce case? How is the disposition of a pet decided during a divorce? The Governor signed a new law into effect late last year which provides some new standing in a California divorce. No, the pets are not considered equal to children. They are actually classified as property under California…
After a Divorce Collectors Can Still Come After You Even if Your Ex was Ordered to Pay the Debt
After a divorce collectors can still come after you even if your ex was ordered to pay the debt. Many of our clients are surprised to learn they continue to be responsible on all debts to which they were a signator during the marriage. Why is that? During a divorce proceeding all community debts and assets are evenly distributed between…