It’s not only how your business valuation is established in a divorce but when. In California, as a community property state any business ownership interest acquired during the marriage or supported with marital funds is considered in part or whole as community property. Community property must be divided equally among the former spouses during a divorce. One of the most…
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…
If you are considering or attempting to manage your own divorce you don’t want to make these mistakes in divorce court: Dressing too casually – it may not seem fair, but appearances absolutely matter to the court. All judges deserve our respect, and when a party walks into court in casual clothes it demonstrates a lack of respect for the…
What is the reason to legally establish paternity in North County San Diego? Doesn’t marriage or completing the forms at the hospital and getting my name on the birth certificate legally establish me as the baby’s father? California law presumes if a child is born to a married couple, they are legally established as the baby’s parents. If the husband…
What is nesting in child custody and parenting time agreements? Parents who go through a divorce are almost always deeply concerned about lessening the impact of divorce on a child. One recent idea you may have heard about is the concept of “nesting.” Generally speaking, “nesting” involves keeping the family home for the residence of the child(ren) while the parents…
Are you discussing issues associated with the divorce and hitting an impasse? Have you considered mediation? Mediation is a confidential, private, cost-effective and timely alternative for resolving disagreements or disputes associated with a divorce. Planning the steps prior to a divorce mediation establishes the foundation for an effective and fruitful mediation. The first step is to create a list of…
Should you accept virtual visitation as part of parenting time? Virtual visitation is a recent development in California family law courts. More of our courts state-wide are ordering virtual visitation where there are alternatives. Should you as a parent be concerned? Obviously, there are cases where virtual visitation is a good thing. Those who are in the military and deployed…
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 are some of the things to think about when developing a parenting plan during a divorce? The parenting plan is an important element of child custody. It is important to approach this task with your emotions set aside. The court is interested in two things: the best interests of each child and equal quality time with each parent in…
What are my options after being served with divorce papers? If your former wife or husband has served you with divorce papers what you’ve probably received is a “Summons” and a “Petition.” You will be known as the “respondent” in the case going forward and your ex is the “petitioner.” You need to read these papers very carefully. Your ex,…