Articles Tagged with separate property

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Characterization of Marital Assets in Divorce

Characterization of Marital Assets in DivorceIf you or your spouse have filed for divorce, or if you are planning to file for divorce, you may be wondering how the California family court will decide who gets what in terms of assets, property, and other valuables you and your spouse share in marriage. It is important to have an overall general understanding of the legal process for marital property division in California before you get to court, especially if you have inherited property either before or during your marriage.
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Guide to California Military Divorce

Guide to California Military DivorceSan Diego is home to more than 115,000 active-duty service members in the Navy and Marine Corps, so it makes sense for a law firm to reach out to those service members by providing legal services aimed specifically at representing those San Diego residents. Bickford Blado & Botros understand the need for military-focused attorneys who have a deep comprehension of the laws that apply to military members. Representing military divorce clients falls under this category.

Military divorce can be a bit different from civilian divorce, and it is important to understand exactly how it is different if you are involved in a military divorce. Areas such as child custody, child support, property division, and even the initial petitioning for divorce can all be complicated for military service members. Below is a guide to understanding these differences within the realm of California family law.

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Understanding the Sensitivities of Same-Sex Divorces

Understanding the Sensitivities of Same-Sex DivorcesCalifornia 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.
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How to Bring Up a Prenup Discussion with Your Partner

How to Bring Up a Prenup Discussion with Your PartnerNo one plans for their marriage to end in divorce, but some people like to be prepared for things. A prenuptial agreement is like marriage insurance. No one plans to be in an accident, but some people take out a full coverage insurance policy to be prepared.

If you have assets going into marriage, the sensible and responsible thing to do is to protect those assets by developing a prenuptial agreement. Chances are you’ll never need to use your prenuptial agreement, but if you do, you’ll be glad it’s there.

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Unpredicted Tax Implications of Social Security Benefits and Property Arrangements During Divorce

Unpredicted Tax Implications of Social Security Benefits and Property Arrangements During Divorce
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.
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Post-Decree Modifications After a California Divorce

Post-Decree Modifications After a California Divorce

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.

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The Most Contentious Issues in a Divorce

The Most Contentious Issues in a Divorce

Divorce is a process that creates upheaval in almost every aspect of a person’s life. So, it should come as no real surprise to us that it can often get contentious. This is especially true when the person on the other side is someone there is some level of tension with already which is leading to the divorce. That said, there can be ways in which the potential conflict of a divorce can be minimized. One of these ways is to be aware ahead of time of the issues that are most likely to turn contentious.

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Why Are Premarital Agreements Important in California?

Why Are Premarital Agreements Important in California?

While they once held a more negative connotation, premarital agreements are becoming increasingly popular across the country. This is due to a combination of high divorce rates and the general need for people to protect their hard-earned property. Prenuptial agreements allow fiancées to detail important information regarding their personal assets, in addition to helping them outline how property should be distributed if a divorce occurs. If you’re about to get married in California, you should strongly consider creating a prenup with your partner.

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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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