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Fullerton Family Law Blog

Does a court always order a 50-50 division of assets?

California is a community property state, but that doesn't mean that couples have to abide by a 50-50 split if they don't want to when they divorce. California's courts normally accept any reasonable or fair property division agreement that you and your spouse agree to. However, if you can't agree, you will need to go to court and have the Superior Court do so for you.

There are a few reasons why it's better to divide your property yourself. These include:

  • Not having to go to trial, where your assets will be made public
  • Not allowing a third party to make decisions for you
  • Not wanting to divide property equally but instead equitably

Protecting business interests in a divorce

Most Fullerton area entrepreneurs and business owners are excellent planners. However, divorce is often an event they do not anticipate until their marriage is ending. Divorce is not always easy to navigate when there are business interests to consider. While one spouse may have worked hard before and during the relationship to get the company off the ground, her or his partner may have contributed time and effort and other resources to help support it. 

There are more than personal assets at stake in a divorce when there is a business in the mix. Here are a few steps potential divorcees can take to make it easier to prevent business interests from becoming spoils of the separation. 

How can you avoid paying long-term spousal support?

Not everyone wants to pay spousal support, and it's fair to understand why. Paying spousal support may seem to be like a continuous connection to someone you're trying to separate your life from.

While that may be the case, people who need spousal support still deserve to ask for it. Those who earn significantly more than their spouses may be asked to pay it, too. Fortunately, there are ways to get out of paying monthly, so you don't have to feel tht continued connection with your ex-spouse. Here are two that you may want to consider.

What are some kinds of visitation orders?

California provides for several kinds of visitation orders. These, also called "time-shares," are plans for how parents will spend their time and share time with their children. There are four general visitation orders recognized by law.

Each visitation order has a different way that it's carried out. The four include: visitation according to a schedule, supervised visitation, no visitation and reasonable visitation.

Here's why you should try integrative mediation

Integrative mediation is a new form of divorce mediation that might work well for you if you're going through a divorce. Shortened to IM, Integrative Mediation involves two or three professionals, like your attorneys and financial experts, to help guild you through divorce.

There are some benefits to the IM model, with the primary benefit being that the professionals working on your case will actually talk to one another and be coordinated. When these professionals aren't coordinated, there's also a risk that there will be two or more people working on the same task at the same time. That adds more time and expense to your case.

Maintaining your standard of living after divorce with support

Basically speaking, the standard of living refers to the level of comfort, wealth, goods and necessities that are available to you. When you're looking at your standard of living, you can usually define it as poor, wealthy or somewhere in the middle.

It's long been understood that the standard of living a person has is directly related to the quality of life they have. That's why it's important in cases of spousal support and divorce.

Can your ex-spouse relocate your children without your approval?

One of the most difficult challenges in pursuing divorce is the realization that you may not get to see your children as much as you want to. As a non-custodial parent, it is easy to feel as though your voice is inconsequential when it comes to your kids. However, your opinion regarding their well-being is just as important.

If your ex-spouse has decided to relocate a significant distance, is there anything you can do to stop your kids from going along? Determining factors include your specific custody arrangement, as well as the best interests of the children.

Protect your art collection during divorce

You have a great collection of artworks that you've been putting together for many years. Now, you're divorcing, and your spouse suddenly wants some of that collection, too.

You don't think any of the art is particularly valuable, but you purchased it because you liked it so well. Now, your spouse, who may not even like the work, just wants their fair share despite your feelings toward the collection.

Get the help you need with your divorce from day 1

The end of a marriage is a difficult time for a couple. Even if you knew it was coming, it can be hard to finally let go and move on with your lives. On top of that, you'll have to go through the legal process of divorcing, which is more complex than if you were simply breaking up.

Divorces often come with legal issues, such as determining if you're entitled to spousal support or arranging for the division of your property. For most people, having an attorney help them is a huge encouragement, since they can guarantee that the process is being handled correctly.

Custody can be complicated, but a good parenting plan helps

Child custody can be complicated, especially when you and your spouse aren't getting along well. It can be particularly difficult if you can't agree on your schedules.

The good news that it's easier to work out a parenting plan if you start with your personal schedule first. Sit down and work out when you're on the job, when you're busy with activities or personal hobbies and when you have free time. Your spouse should do the same thing.

Contact

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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