California family law provides provisions for dividing community property equally in a Carlsbad divorce. However, what constitutes “community” property and how can you ensure that not only are all assets fully disclosed but accurately valued? The “community” is established by the marriage and lasts until the “date of separation.” Any debt or asset acquired by either or both of the …
What Happens When Divorcing Spouses Co-Own a Business in San Diego?
What happens when divorcing spouses co-own a business in San Diego? What happens to the business during community property division? When the soon-to-be divorcing spouses co-own a business in San Diego they must give serious consideration to this important asset and how it will be handled during the course of the divorce. What is to become of the business itself? …
How to Determine the Date of Separation in Your Carlsbad Divorce
Are you wondering how to determine the date of separation in your Carlsbad divorce case? Why is the date of separation such an important issue in a San Diego divorce? Establishing the date of separation in your Carlsbad divorce case will have a substantial impact on when you will be able to keep what you earn for yourself, the division …
Can You Recover Money Spent on an Affair in Your Carlsbad Divorce?
Can you recover money spent on an affair in your Carlsbad divorce? We are often asked about the impact of an affair on a divorce case. Basically, the fact that one or both of the spouses had an affair during the marriage may be irrelevant. California presumes irreconcilable differences as the reason for a divorce. You don’t have to prove …
What Can I Keep as Separate Property in a Carlsbad Divorce?
Are you searching for information about what you can keep as separate property in a Carlsbad or San Diego divorce? What is the difference between the characterization of “community property” and that which a spouse may keep apart from property division as “separate property” in the divorce? Any asset or debt acquired or obtained before the marriage or after the …
Why is Valuation So Important in a San Diego Divorce
What is “valuation” and why is valuation so important in a San Diego divorce case? The issue of valuation is associated with community property division and how the debts and assets of the parties are characterized and ultimately divided. We’ve covered the concepts of “community property” and “separate property” extensively on this site, so this discussion is going to focus …
Date of Separation and Legal Separation in San Diego
What is the relationship between the date of separation and legal separation in San Diego? Why would spouses seeking to end their marriage consider a legal separation instead of completing the divorce process? Let’s take the second question first. Why would anyone considering the end of their marriage choose to go through a legal separation? The only basic difference between …
Why Do You Need an Attorney When There is a Business in a San Diego Divorce
Why do you need an attorney when there is a business in a San Diego divorce? Do you or your soon-to-be former spouse own a small company or have business interests or a professional practice? Did you know that the valuation and division of the community’s interest in a business asset is one of the most contentious, financially and legally …
All Property in a Divorce is Not Community Property
When it comes to a San Diego divorce many people are surprised to learn that all property in a divorce is not community property. Community property is basically established as any asset or debt attained by either or both parties from the date of the marriage until the date of separation. While the date of separation itself can be a …