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 …
How Does Domestic Violence Impact a Carlsbad Divorce
How does domestic violence impact a Carlsbad divorce case? Domestic violence is a serious issue here in San Diego and presents genuine and deep concerns during a divorce for other parties including spouses and children alike. California domestic laws have recently been expanded and strengthened to provide additional protections for those who suffer physical, emotional or control-related abuse. What is …
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 …
How Will a Divorce Impact Your Retirement Plan(s)?
How will a divorce impact your retirement plan(s)? How are retirement plans such as a 401(k), CalSTRS, CalPERS, a pension and even Social Security handled in a divorce? It is interesting to note that many people don’t think about their retirement plans when considering a divorce. However, any retirement plan to which one either spouse has entered into or contributed …
Is My Business at Risk During a San Diego Divorce?
We are often asked “Is my business at risk during a San Diego divorce?” What does a business owner need to know if they are considering or at the outset of a divorce? The first question regarding the business is whether it will be characterized as your separate asset, community property or even some blend of the two. If you …
What Makes the Date of Separation Important in a Carlsbad Divorce
What makes the date of separation important in a Carlsbad divorce? How is this legal time frame established in a San Diego divorce case and how could it matter to your unique circumstances? The two primary reasons for what makes the date of separation important in a San Diego divorce involve community property characterization and division as well as the …
When Do You Need to Consider a Prenuptial Agreement?
When do you need to consider a prenuptial agreement? What are some of the issues a prenuptial agreement or “prenup” can and should address? Why is a prenuptial agreement beneficial for both parties prior to a marriage? The most common scenario for a prenuptial agreement occurs when two people intend to get married but one of them has substantially more …
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 …
The Equity in Your Home Can Help Long After Your San Diego Divorce
It may surprise you to learn the equity in your home can help long after your San Diego divorce. Some of those who seek a divorce might be in a better long-term financial position if they kept the home as part of the property settlement. However, financial advisers often tell their clients to get rid of the family home for …