Articles Posted in Property Division

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Mediation vs. Litigation

Mediation vs. Litigation: Which Is Better for You?

Even under the most ideal circumstances, a divorce can be painful and overwhelming. The former couple is dealing with the emotions of a broken relationship while also navigating the legal system. Assets must be divided as fairly as possible, and all of the necessary paperwork must be kept track of and filed at the correct time.

That process would be overwhelming for nearly anyone but is made much more difficult if there is also conflict between the former spouses. In those situations, there are two routes that can be followed. Couples who cannot agree on a resolution may choose to litigate the divorce and allow the courts to make all the final decisions about the case. Those who are open to negotiation and a fair divorce may choose to mediate. It is essential to choose the path that works best for you.

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Everything You Need to Know About Premarital Agreements

Everything You Need to Know About Premarital Agreements

Getting engaged and planning a wedding is an exciting time in the life of a couple. Family and friends are celebrating with you as you prepare to begin your life together. Unfortunately, not every marriage will last. Most people do not enter into a marriage relationship planning for it to end in divorce, but it is important to be prepared for that potential outcome.

One way to ensure that both parties are protected and assets are divided fairly is to have a premarital agreement in place. A clear, well-developed premarital agreement will help ease the divorce process and guarantee that both parties receive their fair share of all assets. The experienced family law attorneys at Bickford Blado & Botros can help you craft a premarital agreement to meet both partners’ needs.

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Common Mistakes During Divorce and How to Avoid Them

Common Mistakes During Divorce and How to Avoid Them

Once a divorce has been brought up in a marriage, emotions will likely begin to run high, and more conflicts may arise. This can create a situation where mistakes are more likely to be made. These mistakes can seriously affect your divorce case, potentially resulting in a more emotionally draining divorce that takes longer to finalize. Avoiding these mistakes is the best way to get the most ideal results from your divorce.

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Annulment: The Other Option to Ending a Marriage

What to Do If You Discover Important Information After Finalizing Your Divorce

For those people looking into ending their marriage, divorce is an obvious option that will likely be a person’s first choice. Most people are at least partially familiar with the divorce process and likely know someone who has gone through a divorce. However, there is another way to legally end a marriage in California. Although both a divorce and an annulment sever marital ties, the legal effects of each are very different. There are both pros and cons for each option, so both should be thoroughly considered if they are an option.

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Things to Consider Before Filing for Divorce

Things to Consider Before Filing for Divorce

A divorce is a major decision that will change many things about your life. There should be no shame in asking for and filing for a divorce, but it is worthwhile to ensure that a divorce is truly the next step that you want to take. Discussing divorce with your spouse before you are fully convinced it is the right step can cause irreparable harm to your marriage and drive it to divorce regardless. There are many things to consider before bringing up the discussion with your spouse or filing the papers.

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How Will Property Be Divided in a Divorce in California?

How Will Property Be Divided in a Divorce in California?

A divorce is not typically an easy choice to make, especially when the couple has been together for many years and amassed a large amount of property since the beginning of the marriage. One major concern for the two parties getting a divorce is how this property will be divided between them. Divorce is meant to separate the combined lives of two people, but it may not always be simple and clear how that process will work.

How a divorce will proceed and how property will be divided depends on which state the marriage took place in. There are two different types of states: equitable distribution states and community property states.

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How to Resolve Contested Divorce Mediation

How to Resolve Contested Divorce Mediation

Many divorcing couples in California are taking advantage of alternative dispute resolution to save time and money on their divorce cases. Divorce mediation has quickly grown to be the most popular form of alternative dispute resolution, allowing divorcing spouses to resolve their dissolutions under the supervision and direction of a neutral mediator. However, while many choose alternative dispute resolution to avoid the time investment, stress, and expense that divorce litigation demands, the reality is that even divorce mediation can devolve into a hotly contested legal battle.

It’s important to remember that divorce mediation only requires both you and your spouse to be willing to negotiate. Even if the two of you have trouble having the most basic civil discussions, you can still take advantage of the benefits of divorce mediation when you have legal counsel you can trust.

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Common Financial Mistakes Related to Divorce in California

Common Financial Mistakes Related to Divorce in California

Divorce can be one of the most impactful events of your life, and any divorce is likely to carry far-reaching financial implications for both spouses. So, if you are bracing for divorce proceedings, it’s natural to worry about your financial future and your responsibilities when it comes to resolving your divorce. The best thing you can do to ensure the most positive experience with your dissolution proceedings is to hire an attorney, and with their help, you can avoid some of the common mistakes people make during and after their divorces.

The attorneys at Bickford Blado & Botros have years of experience guiding clients through family court, and we know the financial challenges you are likely to face in your efforts to reach the best divorce resolution possible. With our help, you can approach the difficult financial issues you face with greater confidence and peace of mind.

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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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