Why is it so important to plan the date of separation in your Carlsbad divorce? What is the date of separation and why is it such a critical date? The date of separation was legally changed in California in 2017 by our legislature. The parties are not required to physically separate anymore, as this can present an unfair economic burden.…
Community property
Important Financial Issues to Consider Before Filing a Divorce
What are the important financial issues to consider before filing a divorce? In California and around the country, there is commonly an uptick in the number of divorce filings after the New Year. Many people choose to file for divorce at the beginning of the year so they can start their lives afresh. New divorce filings often pick up after…
Fraud in a North County Divorce Case
What should you do if you suspect fraud in a North County divorce case? When an individual or couple file for a divorce the court issues a variety of orders. The former spouses owe a “fiduciary duty” to one another to provide a full, transparent and accurate accounting of all assets, bank and investment accounts, retirement accounts, vehicles, real estate,…
Gray Divorce in Carlsbad or North County
What is a gray divorce in Carlsbad or North County San Diego? The term “Gray Divorce” has gained a lot of visibility in the past several years. Gray divorce refers to cases when the parties are 50 years of age or older. There were concerns in recent studies which showed gray divorce had doubled over the past 30 years. It…
What Happens to Your Business During a Divorce
What happens to your business during a divorce in Carlsbad, Encinitas, Oceanside or anywhere in North County San Diego? Generally speaking, the spouse who has the ownership interest in the business must buy out the community property interest of the non-ownership spouse. When both spouses are working together sharing joint interest of the business there are three likely outcomes: 1.…
How Will Your 401(k) be Handled in a Divorce?
How will your 401(k) be handled in a divorce in Carlsbad, Oceanside, Encinitas or North County San Diego? Retirement assets such as a 401(k) are considered in the same manner as “community property” and marital contributions are usually fairly or equally divided between the parties. If you entered the marriage with a balance in your 401(k) the “community property” value…
What Happens When Spouses Co-Own a Business in a North County Divorce?
What happens when spouses co-own a business in a North County divorce? There are many spouses who purchase a business together, and work side-by-side to make the business successful. What happens to this business in the event of a divorce? The key to these answers lies with the parties themselves. Is the business viable without one or both of the…
What is the Process of Business Valuation in a Carlsbad Divorce
What is the process of business valuation in a Carlsbad Divorce? Why is the valuation of a business or professional practice often such a contentious issue? We’ll begin with the second question first. All “community” assets of the couple must be divided during a divorce. If the business or professional practice is in whole or in part community property, the…
How is Separate Property Different From Community Property
How is separate property different from community property in an Oceanside, Encinitas or Carlsbad divorce? Why is this important and how can an experienced Carlsbad Certified Family Law Specialist make such a difference in the outcome of your case? Any property or income which is acquired during the course of the marriage from the date of the marriage to the…
Do I Have to Give Up Half of My Business in a Divorce?
Do I have to give up half of my business in a divorce? Many business owners and licensed professionals are justifiably concerned when approaching a divorce in North County or Carlsbad. How will your business or professional practice be handled during the divorce? What is the best strategy to protect your interests and the ongoing success of the business or…