One of the important steps in finalizing a divorce is determining how to divide property between the two spouses. In some cases, the division of property can be simple and straightforward. However, it’s possible for complications to arise. It can be helpful to understand the top five ways to protect your assets during a divorce in California to avoid these situations.
The process of divorce presents unique challenges for married couples of all ages, yet it can be more complex for older couples who pursue what is known as a “gray divorce.” During a gray divorce, older adults face distinct legal and financial situations when they decide to end a long-term marriage due to reasons like growing apart or infidelity. Understanding the legal considerations for divorcing later in life is essential.
Older couples who initiate divorce must understand California’s divorce laws regarding retirement account division and healthcare and estate planning to make knowledgeable decisions.
Continue reading
Attorney-client privilege is a foundational aspect of legal representation that allows clients to share information with their attorneys in confidence. In family law cases that often involve sensitive issues like child custody, allegations of abuse, and estate division, understanding this privilege can help clients navigate their cases effectively.
Infidelity is often one of the most emotionally driven issues in a marriage, and it often results in divorce. However, in California, the legal impact of infidelity on the divorce process may be less important than people believe. California is a no-fault divorce state, which means that the courts do not consider fault—such as adultery—when determining the majority of divorce issues.
Nonetheless, some aspects of adultery can have an impact on the divorce process, particularly in areas such as property division, child custody, and the emotional aspects of the case.
Working through the challenging decision to start a divorce process can feel overwhelming. With so many details and considerations to navigate and prioritize, it can seem daunting to approach the realities of legal divorce. Many individuals hope to get the divorce process over and completed in a short timeline so they can start over and move on. While this is completely understandable, there are several factors out of an individual’s control when it comes to a divorce timeline.
After coming to the personal conclusion to pursue a divorce, it is necessary to begin the legal process as soon as possible to ensure you are not extending the timeline longer than necessary. While the first steps to divorce may seem obvious, it is helpful to take time to review what is locally required for divorce proceedings and ensure you are prepared. Gathering documents, consulting a divorce attorney, and engaging in personal support from family and friends is a great place to start.
Prenuptial agreements have a reputation for being exclusively useful for high-net-worth individuals and not of use or importance for “regular” couples, but this is not true. Taking time to identify the financial responsibilities and decisions within a marriage can ensure clear communication defining responsibilities, which often preserves the relationship from the financial stress of unaddressed matters.
With financial stress remaining a leading cause of American couples taking a step towards divorce, finding ways to establish financial understanding and delegation before the start of the marriage only sets you and your partner up for success. Prenuptial agreements can benefit every couple, not just high-earning individuals.
California has been a trailblazer when it comes to recognizing same-sex couple rights, including same-sex marriage, which became legal in 2015. Despite the 10-year anniversary of the legalization of same-sex marriage, same-sex divorce is still met with challenges and must be handled with care, as it can often be a delicate legal issue for some couples.
While the laws apply to same-sex divorce exactly the same as they do to heterosexual divorce, the majority of same-sex divorce cases don’t play out in the traditional manner. Because of the unique circumstances of these cases, it takes a special legal perspective to navigate the intricacies of same-sex divorces.
It should be noted that custody matters, child support, spousal support, division of assets, and the actual process for the dissolution of marriage are the same for heterosexual and same-sex divorces. However, due to the infancy of same-sex unions, same-sex divorces still meet challenges within the realm of California law.
Continue reading
If you are facing a divorce in California, you are likely primarily concerned about alimony payments, property division, and, if you have children, child support, custody, and visitation. However, there are many additional financial implications that should be considered. For example, there may be unintended consequences or unknown advantages, depending on how you classify the property settlement and spousal support, or alimony.
Therefore, when it comes to divorce, it can be highly advantageous to work with California lawyers who also have an extensive background in accounting. The family lawyers at Bickford Blado & Botros have an accounting background and can take into account all of your financial details to help you anticipate how to optimize your situation for the future.
Continue reading
Life changes, sometimes quickly and often, and what once worked as an agreed-upon divorce term suddenly isn’t relevant to the lives of the family members anymore. Remarriages, a new job, relocations, a loss of a job, or any of dozens of other things that affect families can occur and change everything. In many cases, it is necessary to revisit post-decree terms of divorce and modify them to meet the current needs of the family. When an adjustment to an existing court order is needed, a court-ordered modification is necessary.
Married gay and lesbian couples facing divorce have the same rights as opposite-sex couples in California. However, there are some facets of same-sex divorce that make the process different and oftentimes more challenging. Below are some unique caveats of same-sex divorce that should be considered.
San Diego Divorce Attorneys Blog