Yours, Mine, and Ours Property Division in a California Divorce

Both versions of the movie Yours, Mine & Ours tell the heartwarming story of two large families combining into one. But couples getting divorced face the exact opposite situation. Instead of combining, they are dividing everything from assets, debts, and sometimes even friends. Since California is a community property state, it almost seems like splitting everything 50-50 should be simple. But property division in a California divorce can be extremely complicated and is best handled by an attorney with deep experience and knowledge.

This article looks at property division fundamentals to give you a basic understanding of how it works.

Separate vs. Community

Some states handle property division in a divorce through equitable distribution. A divorce settlement or final order, then, might consider all the couple’s assets and debts, along with a myriad of other factors, then split everything as equal as possible.

Nine states, including California, are community property states. This method of property division, at its most basic levels, splits a couple’s property and debt into one of the following categories:

Separate. Assets each person brings into the marriage usually start out as their separate property. Certain assets acquired during the marriage could be considered separate, including inheritances.
Community. Most property acquired by a couple during their marriage is considered community property that is split roughly 50-50.
Quasi-Community Property. The couple acquired property in another state, but it would have been community property had they bought it in California.
Mixed Community and Separate Property. Sometimes property is “part separate property and part community property.” This type of asset can be especially challenging.

Your California divorce attorney can provide knowledgeable assistance when it comes to categorizing your property.

A Few Potential Examples of Property Division in a California Divorce

The following examples give you an idea of how things might go but are not intended to imply that is the way your property will be divided.

Separate Property. Helene purchased her house several years before she and Max were married. During their seven-year marriage, Helene paid the taxes, insurance, and maintenance from her separate income. If they divorce, the house will probably be considered Helene’s separate property.
Community Property. Max and Helene buy a house together as a married couple. They both sign the mortgage and contribute to the down payment from community funds. Max and Helene made monthly mortgage payments from a joint account. Also, the couple shares maintenance and insurance costs. During the property division part of their divorce, the home probably will be considered community property.
Quasi-Community Property. Since both Helene and Max enjoy skiing and other winter sports, they decide to buy a ski lodge in Colorado. They file for divorce in a community property state, but Colorado is an equitable distribution state. The ski lodge probably will be split according to California divorce laws.
Mixed Community and Separate Property. Let’s look back at the home that Helene bought before she married Max. At the beginning of the marriage, the house would be Helene’s separate property. However, in this scenario, Max pays for home improvements that improve the value of the home. Property division now gets very tricky. Is Max entitled to half of the home’s improved value – or more?

This article can only cover the basics of property division. Your results could vary depending on your unique variables. Therefore, the best way to handle property division is to hire an experienced attorney.

Help with Property Division Is Available

The attorneys at the Law Offices of Judy L. Burger are experienced at all phases of divorce, legal separation, and annulment. Call us at 415-293-8314 to schedule a private appointment or visit our website. We assist clients along California’s Northern to Southern Coast, including San Francisco, Beverly Hills, Marin, San Jose, Gold River, San Diego, Santa Barbara, Ventura/Oxnard, and surrounding communities.

California Divorce

10 Common Reasons Why People Get Divorced

August 19, 2021 Judy Burger

People usually get married because they love each other. But there are many reasons why people get divorced, including the ones listed below.

#1. They can’t communicate.

Some studies show that good communication is one of the most important reasons couples stay together. But sometimes, spouses can no longer talk to each other, at least about the essential things in life. When communication is lacking, divorce is often close at hand.

#2. Couples can’t work together.

Sometimes marriage counselors tell couples to work on their marriage. And, let’s face it, the day-to-day of being married can take a lot of effort. Constant fighting is hard on everyone and can lead people to get divorced.

#3. Spouses no longer love each other.

People fall into love. But sometimes they fall out of love after the wedding. If the love is gone, it may be time to get divorced.

#4. They stop spending time with each other.

Sometimes it’s gradual. Sometimes it happens suddenly, but married couples headed for divorce may notice they spend less and less time with each other.

#5. They realize the marriage was a mistake.

After the honeymoon is over, some couples find that their marriage was not such a good idea after all. And it doesn’t matter whether you got married in a Vegas wedding chapel or after a year of intense planning. It just happens that people find they are just not a good fit.

#6. There’s an addiction.

Being hooked on drugs or alcohol is difficult, but not just on the person with the addiction. Families also suffer, especially in a close relationship like a marriage. At some point, a husband or wife may find they can no longer handle the challenges of living with an addict.

#7. Infidelity is involved.

It’s hard to think of anything that could hurt a marriage more than infidelity. Trust is a big part of having a successful marriage. Breaking that trust by cheating is a common reason people get divorced.

#8. Domestic violence is occurring.

Screaming, punching, and pulling hair are only three signs of domestic violence. An abuser might also demean his or her spouse or withhold money and support. Someone faced with physical, mental, or emotional abuse can find help through a local shelter or domestic violence hotline. For some, divorce is an option.

#9. They’re having financial problems.

Handling money can stress a couple out more than almost anything. Individuals come into a marriage with different ideas about spending and saving. Couples hit with financial problems like unemployment or unexpected expenses may find their relationship becomes as empty as their bank accounts.

#10. They are fighting over the kids.

It’s not uncommon for parents to have differing viewpoints on childrearing. Unfortunately, parents may be unable to negotiate and compromise. They may also refuse to participate in family or marriage counseling that has the potential to forge them into a stronger team instead of getting divorced.

If Divorce Is Necessary, We Can Help.

Talk to an experienced California divorce attorney today. Please call us at (415) 293-8314 to schedule a confidential appointment with one of our attorneys.

California Divorce, Child Custody, Child Support, Domestic Violence, Spousal Support

What Are Ex Parte Hearings and How Do They Work?

August 17, 2021 Judy Burger

From the time a California divorce is filed until it is settled can take time. But the parties sometimes require action from the court that just can’t wait. For example, ex parte hearings address emergency matters that need to be heard as soon as possible.

Ex Parte Hearings in a California Divorce

One or more parties may apply for emergency orders in family law cases.

Courts might hold ex parte hearings for the following reasons:

Preventing danger or harm to another party or any children involved in the divorce.
Preventing immediate loss or damage to property.
Setting a hearing for a time that’s shorter than normal.
Shortening or extending the service time for notices of hearing and other court papers.
Rescheduling a hearing or trial.

Your attorney will know when ex parte hearings are needed and how to get them.

Applying for Ex Parte Decisions

Not every situation requires an expedited or emergency hearing. However, your attorney can ask for an ex parte hearing for the following basic reasons:

Request for an emergency order.
Ask to reschedule a hearing or trial.

Generally, applications must contain the following information:

Contact information for any attorneys involved in the case or the contact information for any party that does not have an attorney if known.
Declarations about facts supporting the request.
Lists of previous orders or applications made about the same issue.
A disclosure of any changes to the party’s status quo resulting from the order.
Specific information about child custody or visitation issues.

The law requires that most parties who request ex parte hearings usually must notify the other parties involved.

The declaration also contains details about how the filing party served the other party. If it was impossible to serve the notice, provide information about all attempts to serve. And finally, the person applying for an ex parte hearing can state any reasons that the notice of hearing should not be served.

We Can Discuss Ex Parte Hearings with You.

As our attorneys work on your case, they will identify any areas that might need emergency orders.

Domestic Violence

The Collateral Damage of Domestic Violence

August 12, 2021 Judy Burger

Often there are witnesses to catastrophic events. We may not realize it, but just seeing something traumatic unfold before you can have a severe and long-lasting effect on mental health. This principle holds true whether the event is large scale or happening right at home. The situation can be even more serious when the witness is a child, especially if domestic violence is involved.

An Expanded Definition of Domestic Violence

But, first, it’s important to understand that domestic violence is more than just physical abuse. It can be defined as any “pattern of behaviors used by one partner to maintain power and control over another partner in an intimate relationship.”

California courts define domestic violence as:

“Physically hurting or trying to hurt someone, intentionally or recklessly;
Sexual assault,
Making someone reasonably afraid that they or someone else are about to be seriously hurt (like threats or promises to harm someone); OR
Behavior like harassing, stalking, threatening, or hitting someone; disturbing someone’s peace; or destroying someone’s personal property.”

It’s entirely possible to witness domestic violence but not realize how harmful it is. For example, a child watching his father demean his mother may not realize the underlying damage. However, the experience will still be troubling and could cause long-lasting effects.

Children and Domestic Violence

While children may not understand exactly what is happening, they usually can tell when someone is afraid. Often, they become afraid also.

Young children who witness violent acts against a loved one might regress in certain behavior like thumb-sucking and bed-wetting. Also, they could begin hiding from adults or have trouble falling asleep.

School-age children might understand more of what’s going on. They may start to exhibit a lot of vague physical symptoms like frequent headaches or stomach problems. In school, their grades could fall, and they might tend to get into trouble more often than other children.

Teenage witnesses of domestic abuse have more risky and dramatic ways of showing they’ve been damaged by what they’ve seen at home. Girls are more likely to be withdrawn and depressed. Boys are more likely to act out by fighting, bullying other kids, getting arrested, or using alcohol and drugs.

The collateral damage associated with domestic violence can last well into adulthood. Some people continue the cycle of abuse. Others take refuge in addictions. At the very least, they may have trouble sustaining healthy, intimate relationships.

How to Help

Just witnessing violent behavior can profoundly affect children, even if no one ever lays a finger on them.

Here are some actions you can take if you are a victim of domestic violence:

Call the National Domestic Violence Hotline at 1-800-799-SAFE (7233) or TTY 1-800-787-3224.
Contact law enforcement and ask for help.
Find local resources for domestic violence victims.
Talk to an attorney about getting a domestic violence restraining order.
If you are married to your abuser, ask your attorney about filing for divorce.

Also, find out about counseling options for your children, especially if they witnessed any abusive behavior.

Children Can Become the Collateral Damage of Domestic Violence

Spousal Support

FAQs About Spousal Support

August 10, 2021 Judy Burger

Couples going through divorce have many decisions to make. Some of the most mystifying issues seem to be about spousal support. The person who needs the support wants as much as possible for as long as possible. But the person paying the support might want to avoid paying any at all. The following frequently asked questions and the answers that go with them might help take some of the mystery out of this crucial issue.

Spousal support is also sometimes referred to as alimony. In a domestic partnership, it’s called partner support.

Is spousal support always awarded?

No. One or both parties can ask the court for temporary or permanent spousal support. Judges look at several factors before awarding spousal support to either party, including the length of the marriage and the standard of living the couple enjoyed during their marriage.

About how much spousal support can I expect?

The judge will decide how much spousal support to award based on some of the same factors used to decide the award. For example, has one spouse stayed home to take care of the house and kids instead of pursuing a career? That person may lack the marketable job skills needed to get a job that supports their prior standard of living. The court will also consider the paying spouse’s income. In some cases, the paying spouse might be ordered to pay around 40% of their net income after expenses.

The couple also could negotiate spousal support as part of their settlement.

How long do I have to pay my ex-spouse?

Here, the length of the marriage plays a part.

For marriages lasting less than ten years, spousal support payments could continue for about half the length of the marriage.

For marriages that lasted longer than ten years, the judge does not typically set an end date for support payments. This does not mean that payments will never end. The family court judge retains jurisdiction. Also, the paying spouse can ask for payments to end and provide proof that support is no longer needed.

Can only women get support?

No, courts can award spousal support to either spouse. Generally, the courts don’t consider gender when reviewing a request for spousal support.

I can’t get spousal support and child support at the same time, can I?

Yes, you can. Different factors go into calculating child support as opposed to spousal support. California courts use a statewide guideline to decide on child support amounts unrelated to spousal support calculations.

Also, both parents are expected to support their children financially under California child support law.

Whether You Have to Pay Child Support Can Be a Major Question

Taking financial responsibility for your children is important. However, splitting into two households can be expensive. Also, if you do have to pay child support, you want to make sure you pay an appropriate amount.

Talk to an experienced California divorce attorney today. Please call us at (415) 293-8314 to schedule a confidential appointment with one of our attorneys.

California Divorce

Tips for Meeting with Your California Divorce Attorney for the First Time

August 3, 2021 Judy Burger

Many people have never met with a lawyer before, for any reason. So, meeting with your California divorce attorney for the first time can be a nerve-wracking experience. But there are ways to make things a little less stressful. That’s what we will look at in this article.

Do a little preparation before meeting with your first meeting.

If you can, take a few minutes to consider your goals. Are you definitely seeking a divorce, or are you open to other options? Do you have children to consider? Will you need support while the divorce is pending?

Then, start writing or typing. Make a list of the questions you might have for your California divorce attorney. It’s very easy to forget details – even important ones – during your consultation.

Finally, gather as much financial information as you can. Your attorney will have to file financial disclosures with your petition. If your spouse is filing the divorce, you need to provide full and complete financial disclosures when responding to the divorce petition.

Try not to be nervous about meeting with your California divorce lawyer.

Make sure you know how to get to the attorney’s office. Check routes, traffic, and parking before you leave the house. This simple advice might just help lower your stress level on the day you consult with your lawyer for the first time.

Be completely honest and upfront with your California divorce attorney

Come prepared to talk.

Divorce and marriage involve highly personal issues. You might be embarrassed or uncomfortable sharing some details with your attorney. But remember two things:

Your lawyer cannot give you the right advice if they don’t have all the facts, and
Your attorney probably has seen people in similar situations and won’t be surprised or judgmental.

The important thing is that you have taken a big step towards a new future. Your divorce lawyer can help you achieve your goals.

Understand what you need to do after you leave the meeting.

You and your lawyer will discuss many things during your first consultation. There’s a good possibility you will leave the meeting with some ‘homework’ assignments.

For example, your California divorce attorney will explain what information you need to file your divorce petition or respond to your spouse’s petition. You might need to gather more information for your attorney.

Also, you might leave the meeting with additional paperwork to fill out.

Finally, your lawyer might give you instructions on things to do or not do while your divorce is pending.

Always listen carefully and help your attorney help you.

Call to Talk to a California Divorce Attorney

Legal Separation

Ask a California Divorce Attorney: What Is a Legal Separation?

June 14, 2021 Judy Burger

Sheila found herself facing a difficult decision – should she end her marriage or not? Things hadn’t been going well, but Sheila had always been an optimist. But this time, she needed more than platitudes and motivational messages. She needed a course of action that might help her move forward. Sheila could ask a California divorce attorney whether legal separation was the answer.

Three Ways to End a Marriage

Generally, there are three ways to end a marriage in California:

Annulment,
Divorce, and
Legal Separation.

But each of these options is different. Annulment is not for everyone because it involves particular situations, like someone who is forced or coerced into a fraudulent marriage. Divorces completely end a marital relationship and might include dealing with issues like property division, child custody, and spousal support.

Legal separation might be the most mysterious of the three options. In fact, some states do not even recognize the concept of legally separating from a spouse. California, however, does allow couples to get a legal separation. Before taking this step, it’s crucial that you talk to a California divorce attorney to make sure this is the right step to make. Legal separation is not for everyone.

What Legal Separation Can and Cannot Do

It’s crucial to understand how this legal process can help you. It’s also crucial to understand situations it will not resolve.

Marital status is the first issue. A legal separation does not end your marriage but just sort of puts it on hold. You will still be married to your spouse. This means that you cannot marry anyone else. Your marital status might affect other legal situations, so make sure you discuss this with your divorce attorney before proceeding. For example, you might still want to file federal taxes as a married couple without having to live with each other.

Some people want to divorce but cannot meet California’s residency requirements. Before filing, you must have lived in California for at least the past six months. You also must live in the county where you want to file for at least three months before filing. If you cannot qualify for divorce, a legal separation can help until you are eligible.

In California, your spouse does not have to agree to the divorce. However, the same is not true for legal separations. If your spouse will not agree to separate, you might have to move forward with a divorce.

Finally, the decision to file for divorce is difficult. Becoming legally separated gives people time to decide whether they should file for divorce. It may also give you time to try out being on your own, away from your spouse. Some people may discover their marital problems were temporary and reunite with their spouse. Others may find that divorce provides the fresh start that they need.

Find Out if Legal Separation Is the Answer for You

The attorneys at The Law Offices of Judy L. Burger are well-versed in divorce and the dissolution of registered domestic partnerships. Judy Burger is a California Certified Family Law Specialist and founder of the Law Offices of Judy L. Burger. Please call our offices at 415-293-8314 to set up an appointment with one of our attorneys. We assist clients along the Northern to Southern California Coast.

Property Division, Property Division

Dividing Business Interests in a Divorce

June 7, 2021 Judy Burger

Many couples own business interests. These can take the form of a business they own, operate, or hold a significant share. When couples decide to divorce, dividing business interests usually becomes a huge issue. After all, property division, which is itself very complicated, becomes even more complex when business assets are involved.

The Preliminaries of Dividing Business Interests

First, it’s essential to know what you are dealing with. Trying to divide property between spouses is impossible without certain information, including:

Are the business interests separate or community property? In a community property state like California, most marital property and debts split roughly 50-50. However, is your business separate property – owned by one spouse – or community property – owned by both spouses? In most cases, separate business interests remain with the spouse who owns them. Community business interests are dealt with differently.
Are there any agreements that affect property division? For example, did the couple sign pre-nuptial or post-nuptial agreements? If so, those agreements may address any business assets. Likewise, a buy-sell agreement may address how to handle business assets in the event of a divorce.
How much is the business worth? Valuation of business assets is challenging and should not be attempted on your own. You and your divorce lawyer will discuss how to handle valuation, but you will probably need to hire an expert. Undervaluing your business is literally leaving money on the table.

After working through the issues mentioned above, along with any others that apply, you and your spouse can begin dividing business interests.

The Final Decision

Often, couples will use one of the following methods of dividing their business assets:

The Buy-Out. One party can buy the other party’s interests rather than dividing them. In some cases, one spouse might be more vested in the business. The problem here is that the purchasing spouse must be liquid enough to complete the purchase.
Dividing. The parties could divide the business equally. For example, if the couple owns 80% of the company’s shares, each spouse could take 40%. Alternatively, the couple could split the equipment, accounts receivable, and real property. This might work especially well for parties who own a professional services business.
Selling to a Third-Party. In this scenario, the couple receives the cash instead of dividing their actual ownership interests. It’s still necessary to properly value the business.
Continuing as Co-Owners. Some ex-spouses may remain so amicable that they simply continue owning and operating their business. This is rare and could be very risky. If the spouse’s relationship becomes rockier after the divorce, they may have to return to court to split the business for good.

Learn More About Dividing Business Interests

Please call us at (415) 293-8314 to schedule a confidential appointment with one of our attorneys. Ms. Burger is a California Certified Family Law Specialist and founder of the Law Offices of Judy L. Burger. We assist clients in California’s Northern to Southern Coast, including San Francisco, Beverly Hills, Marin, San Jose, Gold River, San Diego, Santa Barbara, Ventura/Oxnard, and surrounding communities.

Property Division, Debt, Property Division

Am I Still Financially Responsible for My Ex-Spouse’s Debts?

May 31, 2021 Judy Burger

Getting his final divorce order was one of the best days in Jason’s life. Finally, he could move on without his ex-wife and all her baggage. He was unpleasantly surprised to start receiving late notices from creditors and angry phone calls from collection companies. They were about his ex-spouse’s debts, not his. Can Jason be held responsible for these debts?

Community Property – and Debt

During divorce proceedings, a couple’s property and debts are split into two categories:

Community, which both spouses own;
Separate, which one spouse owns;
Mixed Community and Separate, which means the property or debt could be partially owned by the couple.

Property division is complex. It’s not always easy to determine whether something is community, separate, or mixed. In a community property state like California, community property and debts are usually split between the couple. As Jason unfortunately learned, there’s more to dividing debts than meets the eye.

The Nature of Debts

A community debt is generally one that the couple:

acquired together during the marriage,
one party acquired during the marriage.

Sometimes one spouse will sign for a loan or get a credit card while married but in his or her own name. Then the other spouse uses the debt or helps pay for it. This can complicate the matter further because the debt may now become part of the marital estate.

Couples may simply split their debts in their settlement agreement. In Jason’s case, he took one credit card while his ex took the other. However, when she stopped paying on the card, Jason found he might still be responsible for his ex-spouse’s debt. That’s because the divorce decree generally does not affect the agreement that caused the debt. So, if both parties sign for a loan that one party gets in the divorce settlement, the other party’s name is still on the loan as far as the lender is concerned. Basically, they just want to get paid. That’s understandable but frustrating for the party left paying for an ex-spouse’s debts.

Talk to a California Divorce Attorney About Your Ex-Spouse’s Debts

Make sure you know where you stand financially when the ink dries on your divorce order. Suddenly learning that you have to pay your ex-spouse’s debts when you are just starting your new life is not ideal, to say the least.

Talk to an experienced California divorce attorney today. Please call us at (415) 293-8314 to schedule a confidential appointment with one of our attorneys.

Please call us at 415-293-8314 to discuss your case. The attorneys at the Law Offices of Judy L. Burger assist clients along California’s Northern to Southern Coast, including San Francisco, Beverly Hills, Marin, San Jose, Gold River, San Diego, Santa Barbara, Ventura/Oxnard, and surrounding communities.

Child Custody, Visitation

My Parenting Plan Isn’t Working. Can I Change It?

May 26, 2021 Judy Burger

Divorced parents still have a strong connection – through their children. In the midst of making decisions about schooling, vacations, and health care, moms and dads have to stick to their parenting plan. But what if that parenting plan isn’t working anymore?

Why Plans Come Unstuck

People’s lives change over time. Your divorce is living proof of this.

Adults may change jobs, buy or sell homes, and learn more about their likes and dislikes. Friends and family members may move or even pass away. Many people face these changes and just adjust their lives accordingly.

As children grow, they also experience changes in activities, friends, and more. Parents might find that a visitation schedule no longer fits their children’s current list of activities – which, frankly, may change again in a year or so, depending on the kids’ ages.

Sometimes sticking to the parenting plan you negotiated during your divorce seems like trying to stuff a square peg into a round hole. If that’s the case, it may be time to make some adjustments. And there are ways to do just that.

And How to Fix a Parenting Plan That Isn’t Working

Before your divorce could be finalized, you and your co-parent had to negotiate and finalize your parenting plan. Thinking back on what your parenting plan includes can help you figure out if it’s time to alter it. That’s because parenting plans can be very specific or just have general guidelines.

First, review your plan to refresh your memory. If you and your ex-spouse are amicable, at least when it comes to your children, you may have inadvertently done things that are not spelled out in your plan. For example, you may have changed your spouse’s mid-week visitation day from Wednesday to Tuesday because little Johnny has soccer practice on Wednesday.

While it’s great to agree on alterations amicably, you must get the modifications in writing and file with the Court in order for it to become a Court order. It’s important to be clear about both parent’s obligations and responsibilities.

If changes are needed, talk to your divorce lawyer first. Your options for fixing your parenting plan include:

Negotiating a new agreement,
Meeting with a family mediator if you and your co-parent can’t agree on modifications, and
Asking a court to approve or order changes to the plan.

There’s no need to stick with a parenting plan that doesn’t fit anymore. Parenting plans are intended to help you help your kids, so consider fixing issues as they arise.

You Have Options When a Parenting Plan Isn’t Working.

Instead of increasing your stress levels—and, more importantly, your children’s – talk to an experienced California divorce attorney about making your plan work again.