Articles Posted in Mediation and Divorce

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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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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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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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How Does the California Family Court Determine a Child’s Best Interests?

How Does the California Family Court Determine a Child’s Best Interests?

Whenever unmarried parents decide to raise their children separately or when married parents divorce, the parents must have legally enforceable custody orders that outline their respective parental rights and responsibilities. Regardless of whether the couple is married, they will need to have the California family court determine the outcome of their custody dispute. This is not a legal matter that parents can resolve privately, and all parents facing custody determinations should prepare for difficult and emotionally stressful court proceedings.

The California family court has a legal obligation to protect any children the court’s rulings affect. This means preserving a child’s best interests in every family court case. However, “the child’s best interests” are relatively open to interpretation, and every case will involve unique details. Therefore, if you are preparing for a custody determination in California family court, it’s vital to know how judges make these decisions.

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How Can a Parent Lose Parental Rights in California?

How Can a Parent Lose Parental Rights in California?

Child custody cases are some of the most emotionally challenging experiences in parents’ lives. The outcomes of these cases have undeniable effects on the lives of the children affected by them. If you face any child custody determination, a domestic violence case, or any other family law matter in which parental rights could be in jeopardy, it is vital to understand how these cases unfold and how a parent might lose their custody rights.

Whenever the court must rule on a child custody dispute, the judge is legally obligated to rule in favor of the best interests of the child their ruling affects. This may sound relatively open to interpretation, and every custody dispute will involve different issues. However, a parent may completely lose custody and parental rights over their children if the judge determines this would be in the children’s best interests.

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Your Options for Resolving a Contested Divorce in California

Your Options for Resolving a Contested Divorce in California

Divorce can be an extremely emotional and challenging process for anyone. Unfortunately, many divorcing spouses in California are not fully prepared for the legal challenges and emotional obstacles their cases present. While the divorce process may seem straightforward, it can involve countless variables based on the unique details of a case and the attitudes of the divorcing spouses.

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