What are some examples of when you should consider a prenup and how is it a positive and not a negative in a serious relationship which is headed for marriage? A prenuptial agreement, more commonly referred to as a “prenup” often has a negative bias attached to its name and the underlying concept. Why would you want to negotiate a…
Property
Does the Process of a Divorce Treat Assets and Debt Equally?
We are often asked “does the process of a divorce treat assets and debt equally? Will our property and debts be divided 50/50? Virtually every divorce in San Diego involves the distribution of assets and debts. Assets will include everything from the family home to personal property, a business or professional practice, retirement accounts or pensions, investments, real property and…
How is an Inheritance Handled in a Carlsbad Divorce
How is an inheritance handled in a Carlsbad divorce and what do you need to know if you received an inheritance during the marriage or may expect one during the process of the divorce itself? Is an inheritance considered to be community property or a separate asset? Let’s handle the issue of community property verses a separate asset first. Here…
How A Postnuptial Agreement Can Help Those Who are Married
What is a postnuptial agreement and what are some examples of how a postnuptial agreement can help those who are married? A postnuptial agreement is simply any written agreement or contract which is entered into by parties who are presently married. Many have heard of a pre-nup, but why in the world would you need a post-nup? One of the…
How Does California Family Law Affect Pets in a Divorce Here in San Diego?
How does California family law affect pets in a divorce here in San Diego? Pets are obviously beloved members of the family. What is to become of the family dog, cat, bird, snakes, ferret or pet after the divorce? Until recent years pets in California were unfortunately considered more like community property. Under recent changes to California family law pets…
What Happens To Our Home in a San Diego Divorce?
You may be wondering: What happens to our home in a San Diego divorce? This is a central question in every divorce which involves home ownership. Who gets the house? What’s the best decision for your unique circumstances? First, if you are a parent you should not move out of the family home without seeking the counsel of the proven…
How Will a CalSTRS Retirement Account Be Divided in a San Diego Divorce
How will a CalSTRS retirement account be divided in a San Diego divorce? Teachers have a unique retirement plan here in California known as the State Teachers Retirement System or CalSTRS. What happens when one (or both) of the spouses is a teacher during a divorce? Generally speaking, retirement accounts which were established or contributed to during the course of…
Valuation of Your Business During a San Diego Divorce
The valuation of your business during a San Diego divorce can be a challenge. How do you establish the “community’s” portion of the valuation of a company or professional practice during a divorce? There are many ways to position the present value of a business, and as a result, a spouse’s community interest in the business. The owner of the business…
When Do You Need a Postnuptial Agreement in San Diego
What is a postnuptial agreement and when do you need a postnuptial agreement in San Diego. We have all heard of a prenuptial agreement or “pre-nup” which is established prior to a marriage. A postnuptial agreement is made during a marriage and is intended to protect important assets or to prepare for a divorce. There are a variety of situations…
How Will the Court Differentiate Community Property From Separate Property
We are often asked how the Court will differentiate community property from separate property in a Carlsbad divorce case. You are required to fully, truthfully and accurately disclose all assets, property, investments, retirement accounts, business or professional practice interests, collections, debts, obligations, loans and credit cards to the Court at the outset of your divorce. You will be required to…