Articles Posted in Divorce Settlement

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Collaborative Divorce Vs. Divorce Mediation in California Family Law

Collaborative Divorce Vs. Divorce Mediation in California Family Law

Ending a marriage can be one of the most challenging experiences of a person’s life, and when many people imagine divorce, they think of emotionally charged courtroom battles, strict and impersonal divorce order terms, and many uncertainties regarding their futures. So, if you have reached the point where you know you need to end your marriage or if your spouse has filed for divorce, it’s natural to have many pressing legal questions.

You do not need to resolve your divorce entirely through litigation, and many divorcing couples opt for alternative dispute resolution to avoid the stress and expense of divorce court. While you cannot resolve every divorce-related issue privately, taking advantage of alternative dispute resolution can be tremendously beneficial to you and your spouse in many ways.

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Understanding California’s Community Property Law in Divorce

Understanding California’s Community Property Law in Divorce

California is one of nine states that uses a community property statute to resolve property division in divorce. This means that all marital property in a divorce is subject to a strict 50/50 division in every divorce filed in the state. Some people believe the community property standard to be overbearing, often forcing divorcing couples to liquidate assets to divide the proceeds. Others carry misconceptions about what community property means and what is subject to division in divorce.

If you are preparing to divorce in California, it’s vital to understand the value that an experienced divorce attorney can provide in your case. Community property law may seem overly strict, but you still have the right to keep all your separate property in a divorce. A good attorney can help you retain your separate property ownership rights, complete your financial disclosure packet as quickly as possible, and approach property division with greater confidence, helping you secure the most favorable outcome.

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Benefits of Legal Counsel in a High Net Worth Divorce

Benefits of Legal Counsel in a High Net Worth Divorce

Any divorce in California can impose severe financial concerns for both spouses, but couples who control substantial assets and complex investments tend to have the most difficult times in divorce proceedings. A “high net worth divorce” was traditionally any divorce involving a couple with a net worth of more than one million dollars. By today’s standards, a “high net worth divorce” is likely to involve a marital net worth in the tens of millions or more.

If you are a high-net-worth individual preparing to end your marriage in California, it is natural to have concerns about the overall financial impact of your dissolution. It’s understandable to want to preserve as much personal wealth as possible and to only part with what you must under California state law. Your situation may be more complex than it appears at first, so it is always best to approach divorce proceedings with the help of an attorney you can trust.

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Contempt in California Family Court: Causes and Effects

Contempt in California Family Court: Causes and Effects

If you are expecting to participate in any family court case in the near future, or if you recently finalized any type of family court case, such as a divorce or custody agreement, it’s essential to abide by your court order at all times. The term “contempt of court” applies to any incident in which a party beholden to a lawful court order fails to uphold their responsibilities dictated by the order. While mistakes sometimes happen, this is very different from a willful refusal to comply with a court order.

The penalties for contempt of court in California can be severe, and they are issued on a case-by-case basis at the discretion of the judges overseeing these cases. In most cases, family court judges seek to assign penalties that reflect the nature of the offense in question. Whether you are facing contempt of court or need to file contempt proceedings against another party, you need legal counsel you can trust.

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Determining Whether Divorce or Separation Is Best for You in California

Determining Whether Divorce or Separation Is Best for You in California

Ending a marriage is a major decision, and it is not one that anyone should make without careful consideration of the implications. Some marriages slowly deteriorate over time, while others experience acute problems due to the specific actions of one or both spouses. Ultimately, marital problems can arise in many ways and sometimes severely, but divorce does not have to be the automatic response to these issues. For some couples, divorce may not be an option due to their beliefs or medical needs.

Legal separation can potentially provide the benefits you expect from divorce without the finality of dissolution. However, to complete a legal separation in California, you must be prepared to address the same issues you and your spouse would need to address in divorce proceedings. The right attorney is invaluable in this situation as they can help you make more informed decisions about your separation proceedings.

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What Are the Main Elements of a California Divorce?

What Are the Main Elements of a California Divorce?

Divorce is always challenging, but it is also often more complex than many realize as they begin their dissolution proceedings. Regardless of the reason for your divorce or the apparent complexity of the issues you believe you face, it’s vital to have legal representation as you navigate your divorce so you are prepared to meet the various challenges your case presents. While every divorce is unique, there are a few foundational elements that all divorces must cover.

As you search for a California family law attorney to represent you, it’s vital to evaluate the core issues of your divorce. At Bickford Blado & Botros, we provide our prospective clients with the information they need to make informed decisions about their family law cases. The following are the core elements of most modern divorces in California.

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How to Find the Right Family Law Attorney in California

How to Find the Right Family Law Attorney in California

Family law is a unique branch of civil law pertaining to legal matters among family members. Divorces, adoptions, child custody determinations, and spousal support determinations are just a few cases that would fall within the purview of family law in California. Therefore, if you are bracing for a divorce and need to resolve custody over your child or face any other type of legal issue about family law, it is vital to seek legal counsel from an attorney you can trust.

The right family law attorney can be invaluable, regardless of your case. If you take the time to find an attorney familiar with cases like yours and they have a solid track record of professional success behind their firm, you can significantly improve your chances of securing a favorable outcome for your case. With thousands of attorneys practicing throughout California, it can feel overwhelming to approach the task of retaining the right one for your case. The following are a few essential considerations when looking for legal counsel for any family law matter in California.

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Commonly Overlooked Financial Issues in Divorce

Commonly Overlooked Financial Issues in Divorce

Divorce is likely to be one of the most challenging experiences you will ever endure, and it’s important to approach the situation as informed as possible about the obstacles you are likely to encounter. Divorce is more than just terminating your marriage contract; it is also the legal process of assigning individual ownership rights over the property and debt you and your spouse jointly control.

Navigating any divorce can be incredibly difficult, but this is especially true for cases that involve complex financial issues. Do not assume that if you are not wealthy, you will not face significant financial concerns in your divorce proceedings. The following are some of the biggest financial problems that catch divorcing spouses by surprise as their cases unfold.

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Reasons a Premarital Agreement Can Be Voided

Reasons a Premarital Agreement Can Be Voided

A premarital agreement might be a valuable option for those who have assets they wish to protect in the event of a divorce. It’s important to use a highly qualified San Diego family law attorney to make sure the agreement is prepared properly. Even with careful preparation, there are situations where an agreement can be voided.

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How Is Pet Custody Determined in California Divorces?

How Is Pet Custody Determined in California Divorces?

Pets are an important part of so many people’s lives. It can be hard to fathom that so many states still treat them the same as community property, with no familial rights whatsoever. California took action to stand out in that regard in 2019 by passing AB 2274. This bill allows a party in divorce proceedings to request consideration of a pet animal’s care for awarding of sole or joint ownership.

For this law, care can include the prevention of harm or cruelty, providing food and shelter, or arranging veterinary care. Those tasks are not exclusive to providing care but serve as a broad baseline for the court to consider.

The law also does not specify specific animals that can serve as pets. Any animal that is community property for the couple and has been a pet in the household or a companion animal can be considered subject to this statute.

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