I am a divorce lawyer, and also a product of divorce. I was fortunate enough that it was low-drama, and my childhood was not shaped by the fact that my parents were no longer together. Their amicable divorce helped inspire me to pursue this career, because I want to be…
Articles Posted in Division of Property
California Court Discusses Determining the Date of Separation in Divorce Cases
In the state of California, without a prenuptial or postnuptial agreement dictating otherwise, any property or income obtained while a couple is married is deemed marital property. Thus, when a couple makes the decision to end their marriage, it becomes vital to pinpoint the date they separated since any earnings…
Court Discusses Financial Disclosures in California Divorce Actions
One of the most contested issues in divorces is whether child support and spousal support are warranted and how property should be divided. As such, parties in a divorce action have the right to disclosure of each other’s income, assets, and debts prior to the court making any determinations regarding…
California Court Discusses Characterizing Property in Divorce Actions
Under California law, any property obtained during the course of a marriage is recognized as community property, which means that it belongs to both spouses equally and is subject to division in divorce proceedings. The presumption may be overturned, though, if a party can show that an asset was obtained…
California Court Discusses Domestic Violence Allegations in Divorce Cases
Typically, when evaluating requests for spousal support or modifications of existing obligations, the courts will look at each party’s income and needs and the costs of maintaining the child’s standard of living. They are not limited to these factors, though, but may consider other relevant issues as well. For example,…
Epstein & Jeffries Credits and Watts Charges and Their Use in California Divorces
Many married couples grapple with debt, and disagreements over money are one of the primary reasons marriages end. In some instances, one party will lack the ability or desire to pay down debts, and the other party will use their separate property to pay community debts while a divorce is…
Determining and Transmuting the Character of Property Under California Law
California is a community property state, which means that any property acquired by either spouse during a marriage is considered to be owned by each party equally. Either spouse can identify property as separate, though, and it will remain their sole property if they divorce. Certain actions can transmute or…
California Court Issues Ruling Regarding Bitcoin Transactions in Divorce Cases
Recent changes in technology and currency have not only altered the global economy, but they have also modified settlements and property division in divorce cases. This was demonstrated in a recent California case in which the court found that the husband violated the fiduciary duty he owed his wife as…
How California Courts Divide Businesses In A Divorce
California business owners face a unique set of challenges when they divorce. By law, a divorcing business owner may be required to hand over up to 50% of their interest in a business to their ex. Several factors determine the division of a business during divorce, even in a community…
Who Gets What When Accidents Occur During A Divorce?
Accidents can happen at any time—house fires, car accidents, worker’s compensation claims, and injuries to life and limb, to name a few. A civil lawsuit or claim may continue for years after the injury. Sometimes civil claims arise while a couple is in the middle of a divorce. Which raises…