Articles Posted in Property Division

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When Does Separate Property Become Community Property in California?

When Does Separate Property Become Community Property in California?

Property division is an essential aspect of divorce. In California, property is divided according to community property law. Any marital or community property must be split between spouses. There is a division between what is separate and what is community property, but there are situations where separate assets can become community assets. Because of this, property division can get legally confusing, and spouses can have disagreements about the classification of assets. It’s essential to understand how this may happen when separating property.

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The Difference Between Divorce vs. Legal Separation vs. Annulment

The Difference Between Divorce vs. Legal Separation vs. Annulment

A married couple or domestic partnership considering separation in California has several legal options available. This can be confusing and frustrating for some couples who are unsure what the “right” way to separate is. Couples can end or separate a marriage through divorce, annulment, or legal separation, depending on the circumstances of their marriage. The ideal option for your separation will depend on several factors. It can be helpful for couples to talk with a qualified family law attorney to understand if they meet the requirements for certain types of separation.

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Navigating the Maze of Property Division in a California Divorce

Navigating the Maze of Property Division in a California Divorce

Divorce is often a complex and emotionally charged process, with property division being one of the most contentious issues to resolve. Understanding the nuances of dividing assets and debts can be particularly challenging in California, a community property state. However, with legal guidance, divorcing couples in California can successfully navigate the maze.

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How Do I Protect A Business During Divorce?

How Do I Protect A Business During Divorce?

The smartest thing you can do as a business owner is to plan ahead to protect your business from a divorce. A divorce can become more complex for a business owner. The impact of a divorce on your company could mean you are no longer able to run it.

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When Does Breach of Fiduciary Duty Apply?

When Does Breach of Fiduciary Duty Apply?

Many California spouses are unaware of their fiduciary legal obligations during the marriage. These duties are the same that apply to business partners. Fiduciary duty in marriage includes the obligation to act in good faith, avoid taking advantage of the other, and other fair and ethical obligations. What this means is that you should treat your spouse and your community assets with respect, and your actions should always be taken with your spouse in mind.

In marriage and separation, spouses must follow this duty. When a spouse breaches their fiduciary duty, they can be held legally accountable.

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How to Keep Your High Net Worth Divorce Low Profile

How to Keep Your High Net Worth Divorce Low Profile

If you are caught in a divorce where a lot of assets are being divided between you and your spouse, this can be a difficult situation to find yourself in. With property, stocks, and other financial interests involved, a lot can be at stake.

Usually, in such high asset divorces, it is in each party’s best interest to keep quiet about the divorce circumstances and details. This can be to allow time for emotional processing and healing and to protect other family members, such as children. Keeping the private details of your divorce confidential can also give you an advantage in negotiations.

Overall, understanding strategies to keep your divorce confidential and private can go a long way towards protecting the interests of you and your family.

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How to Get a Fast and Friendly Divorce in California

How to Get a Fast and Friendly Divorce in California

Sometimes long-term partnerships, such as marriages, do not work out. This is completely natural, and a lot of marriages can end on good terms. Usually, when considering getting a divorce, most people wonder how they can get it over with quickly so that they can move on with their lives. The urge to get back to a new normal is common.

Perhaps you and your spouse have both decided that getting a divorce is the best thing for your family. You have sorted out your differences, and you are still in strong and clear communication. In that situation, a relatively fast and easy divorce in San Diego can be perfectly attainable.

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How Is Spousal Support Decided in California?

How Is Spousal Support Decided in California?

Divorce is a complex legal process, and legal separation might involve several new systems that must be adapted. When adjusting to a fresh divorce, dividing assets, setting up child visitation plans, and separating joint bank accounts are expected parts of the separation process. Spousal support is one of the most hotly contested aspects of a divorce settlement. It is critical for anyone getting divorced to comprehend how these payment schedules are made and assigned during the settlement process.

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Mediation vs. Litigation

Mediation vs. Litigation: Which Is Better for You?

Even under the most ideal circumstances, a divorce can be painful and overwhelming. The former couple is dealing with the emotions of a broken relationship while also navigating the legal system. Assets must be divided as fairly as possible, and all of the necessary paperwork must be kept track of and filed at the correct time.

That process would be overwhelming for nearly anyone but is made much more difficult if there is also conflict between the former spouses. In those situations, there are two routes that can be followed. Couples who cannot agree on a resolution may choose to litigate the divorce and allow the courts to make all the final decisions about the case. Those who are open to negotiation and a fair divorce may choose to mediate. It is essential to choose the path that works best for you.

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Everything You Need to Know About Premarital Agreements

Everything You Need to Know About Premarital Agreements

Getting engaged and planning a wedding is an exciting time in the life of a couple. Family and friends are celebrating with you as you prepare to begin your life together. Unfortunately, not every marriage will last. Most people do not enter into a marriage relationship planning for it to end in divorce, but it is important to be prepared for that potential outcome.

One way to ensure that both parties are protected and assets are divided fairly is to have a premarital agreement in place. A clear, well-developed premarital agreement will help ease the divorce process and guarantee that both parties receive their fair share of all assets. The experienced family law attorneys at Bickford Blado & Botros can help you craft a premarital agreement to meet both partners’ needs.

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