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California divorce attorney, California divorce lawsYour life is on the verge of significant change. You and the person who you have spent the last chapter of your life with are going your separate ways, bringing on a multitude of emotions. Excitement, anger, grief and happiness are all expected throughout the divorce process. Anxiety from the unknown will also keep many people up at night, especially leading up to the mandatory settlement conference.

What Is a Mandatory Settlement Conference?

A Mandatory Settlement Conference (MSC) is a judge-ordered meeting to try to reach an agreement between two opposing sides. It is not required of every divorce, as default cases and those that can come to an agreement will not find any use in an MSC. This session is for divorcing couples who are unable to agree on divorce terms and have not found full relief in alternative methods, such as mediation. Along with their attorneys, both parties will meet in one session, or multiple sessions, if needed, to reach an agreement on complex matters. A “pro tem” or temporary judge will oversee the discussion and will attempt to help the couple reach a final agreement. If MSC does not resolve the controversy, then a trial will commence the following week, and the judge will decide the terms of everything left undecided.

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Posted on in Divorce

California divorce laws, California divorce attorneyAfter years of working and saving for a future for yourself and your family, you and your spouse have decided to end your marriage. During the divorce process, most clients immediately understand that the assets need to be divided. Assets include everything from debts to the money in the bank account, to the house and the items in the junk drawer (provided that it is not trash hiding in that collect all drawer). Assets also include that retirement plan on which you have been diligently working.

Who Gets the Retirement?

You earned the retirement, so naturally, you are hoping that you are the one who gets to keep the retirement plan. The reality is, retirement is an employment benefit, just like any income earned. Additionally, any profits obtained during the duration of the marriage up until the date of separation are a part of the community property. As you may know, California is a community property state, meaning that everything valued to be community property is divided equally between the two parties at the time of the dissolution of marriage.

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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 child support laws, California child support attorneyChild support payments are court ordered, and failure to do so is illegal. Many circumstances prevent someone from making the proper payments. Payment failures due to inability after the loss of a job or other special events is different than choosing to withhold payment on one’s accord. Not providing the necessary child support for your offspring can earn hefty penalties.

Contempt of Court

Child support payments require receipt within 30 days after the given order. If a noncustodial parent is no longer able to make the payment, avenues exist to alleviate the financial burden. If the court is unaware of an economic status change and no receipt of payment, the payor is guilty of criminal or civil contempt of court. Willfully disobeying judge orders is a strict violation of the law.

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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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Los Gatos, CA 95030

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