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Encino Family Law Blog

Businesses may be seen as marital property in a divorce

Couples get married with two expectations. The first is that they will be together forever. The second is that breaking up would be a very difficult process. Everything must get divided, from shared houses to the custody of children. One matter that may be especially contentious and complicated is sharing a business interest.

If you and your spouse own all or part of a business, it is treated the same as other assets or property. The same factors enter into a judge's decision in a divorce hearing or a lawyer's recommendation during a negotiation. A business interest may be ruled as separate, community or commingled property under California law.

Do I need to update my estate plan after divorce?

After the dust settles on your divorce, you may think your ex-spouse is out of your life forever. Unfortunately, you may be mistaken. The judge divided your IRA, but did you change the beneficiary designation on your life insurance policy? You changed the title to the house, but did you choose a new executor of your will?

5 reasons to update your estate plan after a divorce

How is child custody determined in California?

Divorce is difficult enough before the needs of children are addressed. Parents in California going through separation may ease their minds by sorting out their rights and responsibilities as much and as early as possible.

What are the types of child custody that matter in hearings?

California joins a growing pack in pet custody cases

All parents can agree that children deserve the best chance at happiness and growth, and this means that children are the first priority if their parents ever decide to separate. The most contentious issues in California divorces often revolve around child custody, financial support and other things for the kids.

Previously in the Golden State, these considerations for someone's well-being during the end of a marriage were reserved for human beings. California just joined Michigan and other states that allow judges to consider the well-being of pets and other specifics for the custody and care of four-legged members of a family.

Five ways to protect your business during a divorce

You have worked hard to build your business. There were many late nights, numerous strategy sessions and a committed approach to customer service. Finally, all your hard work has paid off, and your business is a success.

That is why now that you are about to go through a divorce, you are concerned how this will affect your company. You do not want your soon-to-be ex to take your business from you. Here is what you need know about protecting a business during a divorce.

Military divorces may effect eligibility for benefits

Americans know to thank members of the armed forces for their service, while many military spouses do not even get thanked for their support. Marriage to a military officer or serviceman can be a difficult ordeal, with people often feeling they are sharing a loved one with a geopolitical climate out of their control.

Long absences, limited benefits and other side effects of the military lifestyle can take their toll on a relationship. Military spouses may also feel emotional complications beyond the usual overtones of divorce because separating from someone defending his or her country can separate a person from a community as well.

What can I expect from a California divorce?

Few events are harder to deal with in life than divorce. Even when separating spouses are in agreement on key issues, the legal complexity and emotional toll can be unexpectedly high. This is one reason that divorcing people are often well advised to retain a lawyer to look out for their interests.

California law helps outline several of the legal processes and decisions to be made. They also describe who can apply for and receive a divorce in the Golden State.

  • Who can apply for a divorce in California?

Can I relocate with my child after the divorce?

When a couple gets a divorce or separates, it naturally changes the family dynamic. Many parents consider relocating, whether to begin a new job or a new chapter in life. A judge cannot force a parent to stay in the state, however, they will alter the custody to serve a child's needs.

Cases that require divorce modification often have the potential to reopen old wounds and revisit hostilities that were present during the divorce process. California prioritizes the best interest of the child when making these changes.

Technology to simplify a co-parenting arrangement

Co-parenting with a former spouse brings a whole new set of challenges to a relationship that’s potentially already fraught with negativity and tension. During and after a divorce, co-parents need to focus their time and energy to maintain stability and consistency for their children.

To facilitate this level of communication between co-parents, technology can be a useful tool. New websites and apps for your phone exist for the sole purpose of assisting co-parents in maintaining a shared parenting schedule and duties. With the school year starting back up, now may be an ideal time to try out some of these tools for your co-parenting arrangement.

Choosing a power of attorney after divorce: 3 qualities

People who purchase car insurance normally don’t expect an accident anytime soon. Similarily, people don’t always enter a new health insurance plan and anticipate illness. Estate planning exists for these very reasons. Wills and trusts are important provisions for mapping out your future, and a reliable power of attorney is no exception. However, you may not know what to do next if your ex-spouse is your power of attorney.

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