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Fullerton Family Law Blog

The wealthy ways to hide assets: Be aware

If you're in a situation where you're married and very wealthy, then there are some particular ways that you or your spouse might be thinking about hiding assets. Knowing which assets you have, how much your spouse earns and other factors can affect if you or your spouse receive or pay spousal support and the division of the marital assets.

Take for example a situation in which your spouse decides to hide a percentage of their income. You may receive less support than you should as a result. That's unfair, but there are, unfortunately, people who will do that.

Narcissistic ex? Remember these points if you share children

Parents who are divorced still have to work closely with each other to raise their children. While many can do this without any issues, there are some instances in which it's nearly impossible to co-parent successfully. One of these is when there is a narcissistic parent in the picture.

If you'll be sharing child custody with an ex who's a narcissist, you're going to have to plan everything you do very carefully. You probably already know what tactics your ex is going to use to get their way. Try to remember those because they'll likely use them again when things aren't going their way with the children.

What are the downsides of prenuptial agreements?

If you got married and have a prenuptial agreement, you may be worried about how it will affect you in divorce. There are pros and cons to having a prenuptial agreement in place. While a prenuptial agreement may have been well-intended, you and your spouse may later find that it doesn't really address the situation you're in currently.

One of the major problems with a prenuptial agreement is that it has the tendency to favor only one spouse. One partner might have the prenuptial agreement drawn up and ask for the other to sign. They might not give them much time to decide, or they might encourage them to agree at the last minute before their wedding. That behavior could actually lead to the prenuptial agreement being thrown out in court, so if you were pressured into signing one, let your attorney know.

What is parental gatekeeping, and how does it affect children?

If you heard that parental gatekeeping might be a problem in your divorce, then you may be concerned about what it is. It refers to when a parent affects the other parent-child relationship in either a positive or negative way.

On its own, this term doesn't necessarily refer to a negative situation, but in legal terms, it generally refers to a parent to appoints themselves as a gatekeeper in their child's life. It may mean that the parent takes power over who the child sees and interacts with, whether that's a family member, friend or the other parent.

Even with community property laws, property division can be hard

Dividing your property during a divorce isn't always going to be easy, but with California's community property laws, you are in a good position to receive at least half of your marital assets. This protection is designed to help you get an equal share of your assets, since a married couple is seen as a partnership with equal involvement.

While this might not be fair for some, it can be a great way to guarantee that you don't settle for too little if you weren't the higher earner in the marriage or would otherwise be at a disadvantage. Having community property laws means that you won't be left with nothing or end up with an inequitable share of your assets.

California's equality preferences and your divorce

California is a state that treats people equally. When you're divorcing, the state's laws require you to split your marital assets equally. It also requires you to share custody as equally as possible to start with, unless there are reasons not to do so.

Having such an equal state weighing in on your divorce could be frustrating. Often, at least one of the spouses believes that they have been wronged or that they deserve more than the other. They may feel that way because they've earned more or brought a greater number of assets into the home.

Should you turn to divorce or work on your marriage?

You hate the idea of getting a divorce but since you and your spouse have been fighting so often, you feel like it might be the only choice. There are certainly steps you can take to strengthen your marriage, though, and you may want to try them before you decide to pursue divorce.

Once you bring up a divorce, it can be like the final blow to your marriage. If your spouse feels that you're not invested, or you decide that they aren't, then you may decide just to move forward with divorce and to avoid fixing the problems you have.

If you want spousal support, you should seek it out

You want to seek spousal support, but you're not sure if you should. You are already involved in a contentious divorce, and you really want to put an end to it as soon as you can.

Before you forget about getting spousal support, remember that you may be in a position where a court would order it. Your spouse may even recognize that you should be entitled to some kind of compensation because of your financial situation or how your marriage ended.

Interested in a guardianship? Here's more information

A guardianship exists when someone other than a child's parent takes custody of them, manages their property or both. A guardianship can be essential in a few cases, but they are more likely when both parents are unable to care for their child, a parent has passed away or a parent is imprisoned. If Child Protective Services is involved in a case, a third party may be assigned as a guardian to keep the child or children out of a dangerous situation.

Guardianships generally last only until a child is 21, but they may be extended up to age 21. To extend a guardianship, the court will need to be petitioned, and you will need to provide more information about the reasoning behind the extension request.

Is it a good idea to date while going through a divorce?

Moving on during a divorce is something some people like to do. They may feel it's a good way to get over their ex or to try to start a new life with someone else they're interested in.

Is it a good idea, though, to do that? Could it affect your case if the judge sees that you're already moving on with someone else?

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Law Offices of Indu Srivastav, APLC
1400 N. Harbor Blvd., Suite 601
Fullerton, CA 92835

Phone: 714-515-5008
Fax: 714-515-8338
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