Kaspar & Lugay LLP
Mail Icon Call: 415-889-8734

Marin County Family Law Blog

Avoiding pitfalls during property division in a divorce

When couples in California file for divorce, there is likely a multitude of thoughts running through their mind. Besides the emotional impacts this event is causing them, divorcing is likely to spark some concerns regarding what each spouse is going to leave the marriage with. Property division and finances are frequently at the center of disputes in the divorce process; however, there are ways to avoid some of these common pitfalls, helping divorcing spouses resolve these issues as well.

When filing for divorce, it is important for spouses to become fully aware of the assets involved in their marriage. This means taking stock of the known separate and marital property. Once this is determined, it is important that these assets are not moved. This could be considered hiding assets, generating some major divorce conflicts. Next, it is also important for both spouses to consider their income and whether their current career provides them with an income that could be self-sufficient. Career changes might be necessary if a divorce settlement doesn't provide a spouse with enough funds, property or support.

How can you help your child cope with divorce?

Although it is not easy to ask for or file for a divorce, it certainly is not easy to share the news with your children. Married Parents in California do not often think about what life would be like for everyone if the marriage ends; therefore, it is very new territory for families going through the divorce process.

With the divorce process comes many challenges and ups and downs. Nonetheless, there are ways parents can help make it easier on them and their children. No matter the age of your child, divorce can be very difficult, emotional and life altering. Thus, parents should consider strategies they could implement to better the process.

Research suggests shared parenting post-divorce is ideal

When parents in California divorce, they likely face many difficult decisions. And while they are required to work through the difficult divorce issues, divorcing parents may find it challenging to reach a child custody agreement that works for everyone involved. In a high-conflict divorce, parents likely want to take steps to protect their children from this hostile environment. However, this can have unfortunate results.

Current research suggests that in order to increase the likelihood of a child's happy and healthy future, two factors are important to include in the child's life. This is their mother and their father. Thus, the most ideal child custody situation for a child post-divorce is shared custody.

Protecting your property division rights during divorce

When spouses in California and other states across the nation decide it is best to divorce, they also need to decide what is best for their future. In doing that, divorcing spouses need to consider what their post-divorce life will look like and what properties they seek to be included in it.

No matter how painful the process is, spouses need to consider their independent goals. This can help them better plan their actions throughout the process. This includes taking some strategic steps, such as including professionals to help guide them and provide safeguards. A legal professional can help a spouse determine their property division rights and what is rightfully theirs. A financial advisor can help assess what property and assets are involved as well as their worth.

Life change could prompt post-divorce modifications in California

Spouses tend to take a big sigh of relief once their divorce is finalized. Because a failing marriage and a subsequent divorce can be emotionally and mentally challenging, newly divorced spouses in California and elsewhere seek to move forward, believing that their divorce decree is suitable and will remain intact for years to come. However, the unfortunate reality is that no divorce settlement is perfect, and divorced couples will likely need to revisit them at some point post-divorce.

What life changes could prompt a trip to family law courts for post-divorce modifications? When children are involved, it is likely that divorce parents will have to revisit their divorce orders in order to ensure the needs of their children are continually met. This is especially true if there is a substantial change in circumstances, requiring changes to a custody agreement or a child support order.

4 things to consider to make your business divorce proof

Even after considering all of the risks, many entrepreneurs can't wait to start their own business. Most know they will have to put in long hours in order to build their business, but the benefits in the end will be well worth the hard work.

Before you jump head first into the unknown, however, it's a good idea to consider one more risk you may not have thought about: divorce. The dissolution of marriage process can leave any business owner scrambling to put legal measures in place to protect their investment, oftentimes to no avail.

Helping you resolve family law disputes in California

Fights have the ability of being emotionally damaging. While some might be minor and easy to overcome, some are major, and are damaging to a relationship. When married couples in California are involved in a family dispute, it can seem impossible to get past it. Whether it is during dissolution or post-divorce, it is important that couples understand how best to resolve any disputes that might impact them.

Unfortunately, family law issues can occur at any time. For example, whether parents are together or not, issues surrounding where one will live, what a parenting plan will look like, whether there will be support obligations or how a child will be raised could happen at any point. Thus, it is important to understand how best to approach these matters, resolving them the best way possible.

Can you afford your high-asset divorce? Divorce funding can help.

Just because you are in the high-income tax bracket doesn't mean you are a high-income earner. In many high-asset cases, one partner is typically considered the breadwinner while the other has a lower paying job or no job at all - usually because they have decided to stay home and take care of the children. As you can imagine, this distinction is incredibly important when divorce rears its ugly head.

High-asset and complex divorces can be incredibly expensive processes because of the unique mixture of wealth and other assets that need to be divided. If a partner can't afford an attorney to look out for their best interests - or financial experts to properly value property and uncover hidden assets - then they may feel forced to accept a settlement offer that is significantly less than what they are owed.

How a collaborative divorce could help you through divorce

As a previous post discussed, there is more than one way to complete the divorce process. The method a couple chooses is based on the needs and various factors involved in their union. In a hostile and complex divorce, it is unlikely that these alternative methods will fully resolve and finalize the divorce process. However, collaboration could be rather effective during dissolution.

A collaborative divorce, which differs from mediation and litigation, is facilitated by a neutral party. This party helps promote positive and cooperative communication between spouses. A collaborative divorce is a process that utilizes various professionals. Each spouse will have their own attorney and, depending on the divorce issues involved, financial experts, health care professionals and even child therapists and experts may serve a role in the process.

Back to Top

Request a consultation

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy