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Posted on in Divorce

California mediation attorney, California divorce lawyerA common myth exists that all divorce cases are gruesome. This outcome does not necessarily need to come to fruition. An alternative known as mediation is an excellent opportunity to divorce your spouse, yet accomplish the goal in a less emotionally and financially traumatizing manner. When an option to save time and money is available, it is worth consideration.

What Do These Terms Mean?

The standard road to divorce leads through litigation. Ultimately, after evaluating and listing assets, a judge reviews the items and distributes them accordingly, usually without consideration of the wants and needs of either party. The judge will determine what is best for the child, and those will be the standing orders for child support, visitation, and custody. The process is long and time-consuming, resulting in an unpredictable outcome.

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Posted on in Divorce

California divorce judge, California divorce attorneyIf you choose to proceed with court litigation in your divorce matter, the judge assigned to your case will make the decisions pertaining to your divorce matter. While it is true that judges do not have the sentimental connection to the items in question, there is still a responsibility to make the wisest decision possible given the information at hand. Let us discuss what some of the elements are that are used in a divorce decision-making process.

Child Custody and Visitation

First and foremost, a judge will determine what is in the best interest of the child. The default solution for “best interest” is often joint legal custody, meaning that both parents must still make the legal decisions together. It is most commonly in the best interest to have involvement from both parents, so they will also generally lean towards joint physical custody. Some of the reasons that a judge may choose to do sole custody are:

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California divorce laws, California divorce lawyerDivorce is intimidating to many clients. Adding unfamiliar terms and experts to the mix makes the experience more overwhelming. At the suggested use of a forensic accountant, a look of bewilderment creeps across many clients faces. Often their minds wander to the multitude of criminal investigation shows in which a homicide is under investigation. When discussing divorce and property division, why would forensics need to be involved? A forensic accountant has a very different job description, one that can be beneficial to even the most complex divorce cases.

What Is a Forensic Accountant?

A forensic accountant is a highly skilled professional who is utilized in divorce and property division cases. Not only are they educated and proven in an accounting capacity, but they are also able to apply these techniques and concepts to a legal investigation. In this context, forensic just means, “suitable for use in a court of law.” These accountants can analyze financial data and all related transactions then translate the information into an applicable context for the case at hand. They are uniquely capable of:

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California divorce lawyer, California family law attorneyAlthough you may have decided that the marriage is over and divorce is the best option, your spouse wants to keep trying to make the marriage work.  How do you divorce if your spouse does not agree?

California Law

First, California is considered to be a “no fault” divorce state. What this means is that neither side has to prove that the other side did anything wrong. “Irreconcilable differences” is one of the two legal grounds for divorce in California. The only other ground for divorce in California is incurable insanity. “Irreconcilable differences” means that the two sides simply cannot get along.

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California divorce laws, California divorce attorneyIn California, all property that was obtained during a marriage is known as “community property.” During a dissolution of marriage, also known as divorce, this property must be divided equally between the two parties. However, there is another aspect of property that must be taken into consideration. This is known as “separate property.” What is this and must it also be disclosed during dissolution proceedings? Let us explore the realm of separate property and asset division.

What Is Separate Property?

First, let us discuss how property is actually defined. Property in and of itself is anything that can be bought and sold, such as a house, car or boat. It can also be anything of value. For instance:

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