March 2015 Archives | Orange County Family Law Blog
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March 2015 Archives

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If you and your spouse own a business, divorce can be complex


After the end of a marriage, one of the most complex issues both parties need to resolve is property division. California is a community property state, meaning all marital assets are divided between spouses in equal proportions. The same rule of community property applies when one spouse owns a business; that business is also subject to equal division at the time of divorce. In fact, it is a managing spouse's duty to disclose all matters pertaining to the business to his or her spouse.

Are California residents aware of the UPMAA?


Divorce creates a unique set of challenges. In most cases, some of the challenges pertain to the various financial aspects of a divorce including property division, child support and alimony. In recent times, people who want to avert issues related to these aspects often sign a prenuptial or postnuptial agreement that details how the aforementioned issues will be addressed in the event of divorce. The laws regulating such agreements in California were discussed in an earlier post.

How California family law defines supervised visitation


The well-being of their children is extremely important for parents, particularly those in Orange County, California. This is why family law and divorce courts base their decisions on the best interests of the child for all legal issues that concerns the children involved. However, there are certain circumstances that put children at risk, such as domestic violence. In cases like this, the child custody process during a divorce may be affected as well.

Art assets can be a lot of work upon California divorce


In most property division cases in California, divorcing couples fight over bank accounts, real properties, vehicles, houses and even the furniture. But what if one spouse is an artist who creates extraordinary pieces of art? Will the artwork created by the spouse during marriage be considered marital property?

Preparing clients for property division scenarios in a divorce


When a California couple gets married, each spouse tends to work hard in order to develop a successful career. Their hard work not only earns a good income but also secures their household's finances and financial stability. However, when the relationship goes downhill and ends in a divorce, everything that the couple worked hard for such as their bank accounts, business assets, furniture and even their marital home can be at stake during property division. This is one of the reasons why property division is among the most complicated tasks in a divorce.

How does a prenup play out for married and unmarried couples?


Nowadays, increasing numbers of people are paying more attention to their careers than to their personal lives, hoping to develop full relationships and perhaps families only after they have achieved some level of financial security. Many of these people often choose to live together first to see if their relationships will work out, perhaps not wanting to be just another statistic noted in the high U.S. divorce rate.

Child custody presents big challenges to parenting


For Californians who choose parenthood, raising children can turn out be one of the most rewarding experiences anyone can have. It can also be incredibly challenging. Taking care of children means providing physical and emotional support as well as effective discipline and anything else they require in order to develop into good human beings. This can be even harder when parents divorce and one parent is given child custody.

California's Compromise of Arrears Program for child support


Upon divorce, however, a child support order determines the financial obligation of each parent when it comes to school expenses, basic necessities, healthcare and other needs. Although providing child support is usually the primary responsibility of the non-custodial parent, the custodial parent has an obligation as well to financially provide for the child, similar to custody and visitation rights under California family law.