PROPERTY DIVISION RULES THAT MAY IMPACT A CALIFORNIA DIVORCE
- By The Law Offices of Victoria S. Linder, P.C.
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- 16 Aug, 2018
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On behalf of Victoria S. Linder Law Office posted in Property Division on Tuesday, June 19, 2018.
When a person files for divorce in California, he or she is subject to all state laws and regulations that govern such matters. While each set of circumstances may be unique, there are certain rules that must be followed by everyone who petitions the court for divorce. This state is among the nation's minority when it comes to property division laws.
Some people mistakenly believe that a spouse who earns a majority of a household's income will walk away from a divorce in possession of a majority of assets acquired during marriage. This is not necessarily true because an individual's income level (even if a particular spouse did not earn income at all) is not relevant to marital property division. In California and eight other states, the law requires that all marital property be divided 50/50 between divorcing spouses.
A key factor to achieving a settlement outside these parameters lies in an uncontested divorce. If neither spouse is contesting the martial break up and both agree to a particular division of assets, it may be possible to obtain the court's approval to the plan even if it is not a 50/50 split. The same goes for debt liability.
The California court and all others in the nation automatically consider certain types of property as separately owned in marriage and divorce, such as inheritances that were specifically given to only one spouse and assets owned prior to a marriage -- it also includes those assets acquired after a legal separation has already taken place. Any spouse having trouble understanding community property laws may seek clarification from an experienced family law attorney. Doing so can help avoid a lot of confusion and place someone in a better position to protect his or her own interests during property division proceedings.
On behalf of Victoria S. Linder Law Office posted in Adoption on Thursday, August 16, 2018.
California parents who welcome children into their family through adoption often encounter numerous challenges along the way. When the children in question are toddlers who have come from troubled environments, it can be quite challenging to overcome adoption issues. During the first weeks or months of living together as a family, there are several ways to help keep stress levels low.
A child who is beyond infancy has already begun to experience a variety of personal emotions in reaction to his or her surroundings and life experiences. However, toddlers do not always have the ability to express their emotions or to fully understand why they feel the way they do. An adoptive parent can provide loving support by letting an adopted son or daughter know he or she can always come to the parent for a hug, some play time or just to sit quietly together.
Experts advise against punishing adopted children of toddler age by using a timeout system. The risk is that doing so may make the child feel even more isolated than he or she already does. An adopted child who is rebelling or otherwise struggling to cope with new surroundings may need more time with family members, not less.
Some California parents adopt children who have come from poverty-stricken backgrounds; such children are likely unfamiliar with the luxury of being able to obtain food whenever they feel hunger and may worry about lack of food. To avoid such stress, parents can allow their children to keep healthy snacks or small food items in their rooms or in a personal backpack at all times. In addition to personal adoption issues, such as those mentioned here, parents may also run into legal obstacles at some point. Such situations can cause stress levels to soar. A great asset to have on hand at such times is an experienced family law attorney who is well-versed in domestic or international adoption laws and procedures.
On behalf of Victoria S. Linder Law Office posted in contested divorce on Tuesday, August 7, 2018.
Many spouses in California will end their marriages in court before the year comes to an end. Some people mistakenly believe that if a divorce is listed as no-fault, it means it is not a contested divorce. This is not the case, although a no-fault divorce can also be an uncontested divorce; however, it can also be contested. This is why it is so important for anyone considering filing for divorce or having recently received papers to seek clarification of legal terminology before heading to court.
No-fault divorce is allowed in this state, which generally means that a married person is entitled to divorce without having to prove that the other spouse did something wrong. If the spouse receiving the divorce papers refuses to sign them, the divorce is then considered contested. Spouses often contest divorces when they disagree on certain issues, perhaps pertaining to financial matters, child custody or property division.
Contested divorces are typically settled through litigation. Contentious situations are often highly emotionally charged, which can make for stressful proceedings. A spouse who has filed for divorce that has been contested as well as a spouse who is contesting a divorce may find it quite helpful to rely on experienced legal representation rather than try to go it alone in court.
At Victoria S. Linder Law Office in California, an experienced legal team is committed to providing strong support in all aspects of no-fault, uncontested or contested divorce. If you have a particular issue you would like to discuss, you can use the convenient online contact form to request a meeting. Your best interests are our highest priority, and we are fully prepared to help you obtain the best outcome possible.
On behalf of Victoria S. Linder Law Office posted in contested divorce on Thursday, August 2, 2018.
The California family justice system provides means for people in various types of situations to seek fair and agreeable outcomes to divorce, as well as to help adoptive parents finalize domestic or international adoptions. As circumstances change throughout proceedings, it sometimes necessitates filing or refiling different kinds of petitions, such as in an uncontested or contested divorce. Some people may go through more than one process before achieving their ultimate goals.
An example of this can be seen in the current situation between Donald Trump, Jr. and his former wife, Vanessa Trump. She filed for divorce from her husband after 12 years of marriage. They also happen to be the parents of five children together.
When the initial petition was filed in court, it was uncontested. However, recent news headlines say the situation has changed since the two have been unable to resolve certain financial issues. The divorce is now a contested divorce, though reports suggest the couple are very close to resolving all material issues. Some say the central focus of the financial dispute has to do with a multi-million dollar inheritance the former Mrs. Trump received from her late father.
Trump Jr. is acting alongside legal support in court, as most California spouses also do, especially in contested divorce situations. His attorney said he is quite confident that the current financial issues will be amicably resolved in a matter of weeks. Anyone in this state in need of guidance regarding divorce issues, such as child custody, finances or property division, may seek guidance by discussing a particular issue with an experienced family law attorney.
On behalf of Victoria S. Linder Law Office on Friday, July 27, 2018.
Some couples that are preparing for marriage are more than willing to discuss the pros and cons of a prenuptial agreement. On the flipside, there will always be people who are concerned about entering this type of agreement, as they think it puts them on the wrong path before they ever tie the knot.
If you're all for a prenuptial agreement but your partner is resisting, you must be careful of what you do next. With the right approach, you can discuss the details of a prenuptial agreement in a friendly manner that benefits both individuals.
However, if you make any mistakes along the way, it could turn your prenuptial agreement discussion into a battle. And that's not something you want to go through before your wedding day.
Here are some things you can do to avoid trouble:
- Don't focus solely on the benefits of a prenuptial agreement: There's no denying the fact that you'll discuss the benefits, but don't leave out the potential pitfalls of entering into a prenuptial agreement. You need to look at all the pros and cons, as this gives both individuals the opportunity to make informed decisions.
- Don't issue demands: When you tell your partner that he or she must sign a prenuptial agreement, you're making things more difficult than they have to be. This could push the person away from you. Also, if you force the person to sign a prenuptial agreement, it may not be valid in court.
- Don't rush into the process: It's imperative to analyze your specific situation, as opposed to focusing on nothing more than the high level benefits. Every individual and couple is unique, so you should take your time and analyze every detail before moving forward.
- Don't put it off too long: There's nothing wrong with spreading the conversation over the course of several weeks or months, but you don't want to find yourself talking about this in the final days leading up to your wedding.
If you're interested in discussing a prenuptial agreement with your partner, bring the topic to light and see how the other person feels.
When you do a good job explaining the benefits of a prenuptial agreement, all the while listening to the concerns of your partner, you'll find yourself in a much better position.
On behalf of Victoria S. Linder Law Office posted in Adoption on Wednesday, July 25, 2018.
Many California parents have chosen to expand their family size by welcoming non-biological children into their homes. In fact, many children would never have forever families without the adoption process. Adoptive parents may want to consider several critical issues as one or more of them may affect their families at some point.
Parents can tap into local support resources if a problem arises. With a strong support system in place, they can be hopeful that they and their children will grow together as a family, building memories and sharing day-to-day life. One of the main differences between families made up of only biological children and those with adopted kids is that the latter do not share DNA. While this, of course, doesn't keep parents from loving their children, it may cause certain issues to arise at times, especially when it comes to physical health and medical histories.
The fact that children have different DNA from parents means they may not necessarily look alike. However, there are many biological children who do not resemble their parents all that much either. One more way that DNA can impact the adoptive parent/child relationship is that personalities may be quite different. Again, this can happen in biological families too, but it is more likely that biological children might have similar personalities to one or the other of their parents.
As adopted children enter adolescence, they may want to know more about their biological parents and why they were given up for adoption. Legal issues may arise when these things are discussed. If an adoptive parent in California faces a particular adoption-related problem that he or she does not feel equipped to handle, there are licensed counselors, adoption advocates and legal teams who understand the issues and can provide sound counsel and guidance to help get life back on track when something or someone is interfering with parental rights or children's best interests.
On behalf of Victoria S. Linder Law Office posted in Property Division on Tuesday, July 17, 2018.
There are many features that make California unique as one of 50 states in the nation. Thousands of people migrate to the West Coast to live, work or vacation, whether to enjoy the temperate climate, take up surfing as a hobby or pursue their dreams of becoming Hollywood stars. California is unique in another way as well, one that some people may be unaware of: It is one of nine states that continues to operate under community property division laws in divorce.
Most states use equitable division rules for divorce, meaning the court determines a fair distribution of all marital assets, not necessarily meaning a 50/50 split. With community property laws, however, all marital property is divided equally between both spouses. If a prenuptial agreement exists, it may impact the property division process.
Identifying marital assets follows basic rules. If something can be sold or purchased, and it was acquired during marriage, it is marital property. Also, things that have monetary value, such as investments, stocks, bonds, life insurance policies, etc., are also factored into the property division process in divorce.
If a California spouse wishes to challenge a particular marital asset that the court has assumed is jointly owned as being separately owned, he or she must show evidence to substantiate the challenge. An inheritance that was intended for only one spouse would be an example of this. Spouses should also be aware that while property division is generally a 50/50 split regarding marital assets in this state, debts are divided equitably. Clarification of current property division laws can be sought through consultation with an experienced family law attorney.
On behalf of Victoria S. Linder Law Office posted in Property Division on Wednesday, July 11, 2018.
Deciding to divorce is an intensely personal choice that often has long-lasting emotional and financial repercussions. Most California spouses understand that it's not something to enter into lightly. Once the decision is made, however, other issues become priority, such as those relating to child custody or property division.
Regarding the latter, serious complications can arise if a spouse tries to hide assets to keep them from being subject to division. This is not only mean-spirited (and often an act of revenge) but also illegal. Anyone who suspects that his or her soon-to-be former spouse is trying to keep him or her from what is rightfully owned will want to gather as much evidence as possible to substantiate his or her allegations.
A spouse can begin to investigate a possible hidden asset situation by asking the other party questions. If he or she becomes unnaturally defensive or provides vague answers to specific questions, further investigation may be warranted. Some spouses have discovered hidden asset problems when they tried to access online bank accounts or other secure records online to which they normally had access, only to find that their spouses had changed all the passwords.
Other signs of hidden assets include purchases of luxury items, spending the same amount of money while claiming income reduction or bank withdrawals from joint accounts that weren't known to both parties. Every state, including California, has its own property division laws in divorce; hiding assets is illegal in all 50 states. An experienced family law attorney can provide support to anyone facing a hidden asset problem.
On behalf of Victoria S. Linder Law Office posted in Adoption on Tuesday, July 3, 2018.
Welcoming a non-biological child into one's family can be an exciting, rewarding experience. Some California families consist of biological and adopted children, while others are solely one or the other. It's true that adopting a child is a solemn matter that should never be entered into lightly. In fact, there are several adoption issues wise parents will want to think about before beginning the adoption process.
There are typically home interviews conducted to determine whether adoption is a good fit for a particular family. It's also critical that prospective adoptive parents conduct a bit of self-analysis as well. This will facilitate the discernment process to help parent determine if they have considered their own motives and whether their household is emotionally, physically and financially ready to adopt a child.
Adoptive families will want to avoid thinking negatively about birth parents. Not all children given in adoption come from situations where parents are unfit. In fact, some adoptive parents stay in contact with birth parents and update date them on their children's lives as time goes on.
Finances are indeed among other important adoption issues to consider when hoping to welcome non-biological children into one's family. Although every adoption does not cost tens of thousands of dollars, there are almost always fees involved. A parent will want to think ahead as well to determine whether income levels in the household can sustain one or more additional people. Those in California hoping to adopt will also want to seek clarification of state adoption laws before starting the process.
On behalf of Victoria S. Linder Law Office posted in contested divorce on Wednesday, June 27, 2018.
Choosing to end a marriage in court is a solemn decision many California residents make. When spouses do not agree about a particular matter related to their marital break-up and are unable to negotiate a solution, they must ask the court to adjudicate divorce; this is known as contested divorce. Rules for this process vary by state, so you'll want to seek clarification of this state's laws before proceeding.
One spouse is typically required to file for divorce when spouses are not in agreement; this is the means by which spouses reserve a trial date in court. The other spouse then becomes the respondent and must fill out necessary forms within a certain amount of time. If you have questions as a respondent or as the spouse filing for contested divorce, you may seek experienced guidance to obtain answers.
Some of the most common reasons people in this state file for contested divorce have to do with child custody, child support and property division. Within those categories, there may be underlying issues of concern, such as a parent not agreeing that the other parent should have unsupervised visitation because of an alleged substance abuse problem. Some spouses agree to enter the mediation process as a way of resolving their differences and negotiating settlements.
Whether the court determines the terms of a settlement or merely approves an agreement spouses have proposed, it is the final voice of authority in all aspects of contested (as well as uncontested) divorce. By requesting a meeting through the Victoria S. Linder Law Office, California residents can gain support to overcome any contested divorce obstacles that arise. By acting alongside someone who has years of experience handling even the most complex divorce cases, you can protect your interests and lay the groundwork for a successful post-divorce future.