We are often asked “How do I keep my former spouse from taking money out of our accounts during the divorce?” One of the concerns shared by many people contemplating a divorce is the fear that their former spouse may attempt to take money out of joint accounts, or run up credit cards prior to a divorce. The fastest and…
Community property
What is Separate Property in a Carlsbad Divorce Case?
What is separate property in a Carlsbad divorce case? California is a “community property” state. This simply means all debts and assets acquired by either or both of the parties during the term of the marriage (with a few exceptions) are considered to be community property and must be divided equally between the parties. There are three basic types of…
Will I Get Spousal Support in my North County or Carlsbad Divorce?
We are often asked “Will I Get Spousal Support in my (North County or Carlsbad) Divorce? Spousal support is intended to balance the financial strength of each party at the outset of a divorce (temporary spousal support) and once final orders have been issued. Unlike child support where there is a specific guideline calculator provided under state law, spousal support…
Dividing 401ks and Pensions in a Carlsbad Divorce
What is the process for dividing 401ks and pensions in a Carlsbad divorce proceeding? Many people do not initially think about retirement plans as part of community property division. Many DIY divorces come to a complete halt when questions regarding 401ks, pensions, profit-sharing plans, State or Federal retirement come about. What do you need to know? Retirement plans are almost…
Strategies for Business Valuation in a Divorce
What are some of the strategies for business valuation in a divorce here in North County San Diego? Generally speaking, a business which was started or acquired by one of the spouses after the date of marriage is considered to be community property. Community property must be divided equally between the spouses during a divorce. This means half the value…
What Happens to Our Pets in a Carlsbad Divorce?
We are often asked “what happens to our pets in a Carlsbad divorce court?” Recent changes in California family law provide some new answers for how beloved pets are managed during a modern divorce proceeding. While there are no specific laws governing the “custody” of a pet, California law now views your beloved family pets as an important part of…
What Establishes the Date of Separation
Why is the date of separation important in a Carlsbad divorce and what actually establishes the date of separation in your divorce? California enacted a new updated law a few years ago to clarify what actually establishes the date of separation in a divorce. Prior to that date, California law in essence required the parties to physically move apart from…
What is Considered to be Community Property in a Carlsbad Divorce
What is considered to be community property in a Carlsbad divorce and how is it divided between the parties? Community property is basically all property, assets or income earned by either or both of the parties during the term of the marriage. Here in California, community property is to be divided equally between the parties. However, the determination of what…
Managing Your Small Business Through a Divorce
Managing your small business through a divorce will be a challenging process. There are so many concerns on your mind regarding the divorce, child custody and what will happen to your business? How is a small business handled in a divorce? If you owned your small business prior to getting married and have not used any marital funds to support…
The Dangers of Squandering Marital Property in a Divorce
What are the dangers of squandering marital property in a divorce? When approaching the end of a marriage, especially one in which an affair or other emotional event has occurred it is not unusual for a hurt spouse to go on a spending spree. What is the harm in driving up credit card balances or emptying marital accounts if you…