Category Archives: Property Division
Who Gets the House in a California Divorce?
Property Division in California Divorces Are you worried about how the property you’ve worked hard for will get split up by the court when you separate? Divorce is a complex and emotionally charged process, and one of the most significant aspects is the division of assets like the family home. If you’re facing legal… Read More »
Carrying Your Partner’s Student Loan Debt After Divorce
As most people are aware, student loan debt is crippling people across the country. Many borrowers are strapped with high interest rates on their principal loans that essentially never allows the owing amount to decrease. However, could you imagine being bogged down by your own debt in addition to the debt of a spouse… Read More »
I Found Out That My Ex Failed To Disclose An Asset During Our Divorce. Now What?
If you are in the middle of a divorce and suspect that your soon-to-be ex is hiding assets from you, then it might be a good idea to hire a private investigator or a forensic accountant to get the bottom of things. It is much easier (and much more cost effective) to deal with… Read More »
Judge vs. Commissioner – Is There a Difference?
Some San Jose divorce, custody and/or support matters are assigned to a department where a judge is presiding, while other matters are heard in front of a commissioner. So, what is the difference between the two, and is one better than another? A judge is elevated to the bench either by election or by… Read More »
Nesting / Birdnesting – Easing the Impact of Divorce on Children?
Most people recognize that divorce isn’t easy on children, no matter what the circumstances surrounding the divorce are. However, for may reasons, it is helpful to try to keep the divorce process as low-conflict and as amicable as possible. Some couples are implementing “nesting”, also known as “birdnesting”, as a way to ease the… Read More »
Pet Custody and Visitation
Often parties wonder what will happen to their pets during a divorce. Will the parties share the pets? Can you negotiate custody of a pet as you would a child? Thus far, pets have always been treated as property in the eyes of the family court. This upset avid pet lovers, but the reality of… Read More »
Incentive to Hurry Up and Get a Divorce?
Trump’s administration has recently made several changes to current tax laws and among many other areas, the tax implications of divorce have been greatly affected. If there has ever been a time to “hurry up and get a divorce” it may be now. A change in the new tax laws will eliminate a major… Read More »
California Community Property Laws – An Overview
There are many financial issues to consider in a divorce case. One of the most significant issues is the division of property. “Property” includes both physical assets, such as a home, vehicles, bank accounts, etc., as well as deferred compensation, such as pension plans, 401ks, and stock plans. “Property” also includes debts. In a Santa… Read More »
9 Mistakes That Could Cost You In Divorce Court
When going through a divorce, the best case scenario is that everyone remains amicable and the need for litigation is avoided. However, if litigation is inevitable, both sides at least want to try to come out of the process financially secure. These are common mistakes, all of which are avoidable, but all of which… Read More »
How the New Tax System May Affect California Divorce, Custody and Support Cases
President Trump’s tax reform bill, which was recently signed in to law, includes many changes to the United States Tax Code. Some of those changes will in all likelihood directly affect California Family Law cases including divorce cases, custody cases and support cases. Child support and spousal support are two of the significant areas… Read More »