We are often asked about strategies to keep the family home after a divorce in Carlsbad and how this process might work. Some want to retain ownership of the home so that they can continue to live in it. Others want their share of the equitable distribution as quickly as possible so that they can buy a new home as…
Property Division
What are Your Options for Responding to a Divorce Petition?
What are your options for responding to a divorce petition in Carlsbad or North County San Diego? What happens if you don’t answer the petition at all? Either party in a California marriage has the right to file a petition for divorce. You officially become the respondent when the petition and a summons are served. The first choice you have…
Pay Close Attention to Retirement Accounts in a Divorce
It is important to pay close attention to retirement accounts in a divorce in North County or Carlsbad. For many California couples who decide to divorce, their retirement accounts represent the largest single asset of the marriage and are of critical importance to both parties’ financial futures. This is one reason that over 62 percent of divorce lawyers in a…
Why Does the Date of Separation Matter in a Carlsbad Divorce?
Why does the Date Of Separation or DOS matter in a Carlsbad divorce? California divorce law uses the date of separation as an important “line” when dividing community property. The central asset and debt issues in a divorce are: When did the parties become a “community” When did the parties cease to be a “community” and become separate parties in…
Community Property Division in a Carlsbad Divorce isn’t Just Dividing All Assets in Half
Community property division in a Carlsbad divorce isn’t just dividing all assets in half and giving each former spouse their 50% share. Here in California, community property is to be divided equally and equitably between the parties. However, this doesn’t mean you sell every asset, pay off every debt and divide the remaining money equally between the parties. Part of…
Retirement Accounts in a Divorce Require Special Documents
Did you know retirement accounts in a divorce require special documents known as Qualified Domestic Relations Orders or QDROs? Can a DIY divorce truly manage the QDRO process? According to the State of California more than 80% of couples begin the divorce process on their own. Here in Carlsbad our own Family Law Court reports less than half are able…
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…
What Happens When a Business Asset in a Divorce is Losing Money?
What happens when a business asset in a divorce is losing money? In a North County San Diego divorce all assets of the parties must be divided according to California’s community property laws. This includes the ownership interests in a business or professional practice. Normally, the business would undergo an independent “valuation” to establish the value of the community’s ownership…
Can a College Education or Professional License be an Asset with Value in a Divorce?
Can a college education or professional license be an asset with value in a divorce? California has extensive case law regarding the value of an education or professional license that was obtained during the course of the marriage. California recognizes the sacrifice that both parties must make in order to complete an education or to obtain a professional license, especially…
The Division of a 401(k) in a Divorce
The division of a 401(k) in a divorce is a complex process. Specific paperwork must be prepared and orders issued by the judge. It is easy for those who represent themselves to miss this important aspect of a North County or Carlsbad divorce. Retirement accounts such as a 401(k) are often one of the largest assets in a North County…