Category Archives: Property Division

QDRO Dividing Retirement Plans During a Divorce

QDRO: Dividing Retirement Plans During a Divorce

Property division is one of the most critical and contentious parts of a divorce. The parties and their attorneys must first identify all assets and debts, then categorize them as marital property or separate property. Some assets might even be a little bit marital and a little bit separate. Investment and retirement accounts can be particularly difficult for people to split up. However, a QDRO takes care of the actual process of dividing retirement plans.

What is a QDRO?

QDRO (pronounced “qua-dro” or “cue-dro”) stands for qualified domestic relations order. A judge will issue this type of court order or decree during a divorce when the married couple needs to split up one or more retirement accounts. Without a valid QDRO, administrators of retirement plans generally cannot release funds to the non-accountholder.

Here’s an example of how a QDRO might work. Joe has $100,000 in a retirement fund. His ex-wife Maggie is entitled to half of the money. During his divorce, the judge issued a QDRO requiring the administrator to release $50,000 to Maggie. She might roll over the funds to another account or take a lump sum payment.

What happens when each spouse has retirement plans?

There are other important considerations with a QDRO. For example, both couples might have retirement plans. Each spouse might be entitled to half of the other party’s plan in a basic property division barring any exceptions. However, instead of each party handing half to the other party, they might total the accounts then disburse money to the party with the smaller retirement account.

So, in our example above, Joe has $100,000 in an account. But now we see that Maggie also has an account that is worth $25,000. Together, they have $125,000, and each should receive $62,500. Since Maggie’s account is smaller than Joe’s, she might get a QDRO giving her the difference between the accounts, which is $37,500.

Tax issues can be another concern. The party receiving the funds might be taxed and potentially penalized if the amount received is not rolled over into another qualifying retirement plan.

How do you get a QDRO in a California divorce?

California Family Courts offer a form that can be used to request a QDRO. However, the form is long and contains legal jargon, most of it in fine print. Unless you fully understand the California Family Code and federal laws like the Employment Retirement Income Security Act of 1974 (ERISA), it’s best to hire an attorney to handle dividing retirement plans.

It would be best if you had the advice of an experienced California divorce attorney because QDROs are more complicated than they appear. Using the wrong form or omitting important information can lead to delays in receiving the funds you deserve. In fact, people often overlook retirement benefits when dividing property during a divorce. Your lawyer can help you locate retirement plans and submit a QDRO if appropriate.

Talk with Us About Using a QDRO to Divide Retirement Plans

It’s absolutely critical to understand this about a QDRO – it’s not given to you automatically. You and your attorney will have to request it.

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.
Do Movies About Divorce Get It Rightt

Do Movies About Divorce Get It Right?

Be aware that there are spoilers ahead if you have never seen the movies about divorce discussed in this article.

Mrs. Doubtfire – Stability Trumps Whimsy When It Comes to Child Custody and Visitation

This 1993 film starring the late Robin Williams focused on divorce, child custody, and visitation in a poignant yet comical way. As Daniel and Miranda Hillard’s marriage ended, Daniel’s whimsical behavior made him look like an unfit parent. He and his children had a great relationship, but the court granted custody to Miranda. After all, she had a good job and a stable home environment. The court also insisted Daniel clean up his act and limited his access to the kids.

Daniel’s response was to transform himself into an older female character – Mrs. Doubtfire – and get hired to be his own children’s nanny. He and the children became closer until his scheme fell apart, making him look even more unstable. Unlike many movies about divorce, this film ends on a high note. But did the movie makers get it right?

Child custody and visitation are significant points. It seemed the court tried to make decisions that were in the children’s best interests at all times. A stable home life is essential, and Daniel, at first, did not offer this. It made sense to give Miranda full custody and to limit Daniel’s visits. So, it appears that the court did get it right

However, the court may not have considered the children’s feelings on this matter. Although children are not always the best judge of character, Daniel’s kids were close to him and needed to see him. Daniel and Miranda worked out a compromise on visitation that the judge probably would have been approved if included in a California parenting plan.

Kramer vs. Kramer – When Home Away from Home Isn’t Home

This 1979 legal drama is about Ted and Joanna Kramer and their son, Billy. Joanna deserts Billy, leaving him Ted. Unfortunately, she had been Billy’s primary caregiver because of Ted’s high-stress, time-consumer job.

After being gone for more than a year, Joanna returns to divorce Ted and claim custody of Billy., despite Joanna’s abandonment, she won custody of her son.

Joanna prepares an apartment for Billy and then tearfully confesses to Ted that Billy’s true home is with Ted. We don’t see any courtroom scenes as the movie ends soon after, so it’s unsure whether Joanna officially yielded custody or not.

Courts in the 1970s still tended to favor mothers over fathers when it came to custody battles. Movies about divorce did, too. The court here seemed to ignore Joanna’s abandonment and Ted’s stepping up to be a good father to Billy. This may be partly due to something called the “tender years doctrine” that presumed moms should have custody of very young children.

In a California divorce, the courts make custody decisions based on many factors, including what is in the child’s best interests. Abandonment is a serious concern, especially when the child’s other parent is not unfit. A California judge faced with this situation today might have granted sole physical and legal custody to Ted. However, both parents may negotiate a parenting plan and present it to the court for approval.

The War of the Roses – Property Division Can Be a Thorny Issue

This dark comedy shares the story of Oliver and Barbara Rose. During their marriage, they had two children and became very wealthy due to Oliver’s legal career. Finally, though, Barbara confesses she no longer loves Oliver, and they decide to divorce.

The real problems begin when they start splitting up their property. The mansion that Barbara had found and filled with expensive possession became the main point of contention. Barbara kicks Oliver out of the house. Despite his attorney’s advice to compromise, Oliver returns to the home. As their conflict spirals out of control, the couple begins destroying their home, its contents, and eventually each other.

As movies about divorce go, this one captures how personal property division can become to divorcing couples. Sometimes it’s not about the actual property. Instead, personal feelings can get in the way, preventing much-needed compromise.

The best way Oliver and Barbara could have prevented the loss of property and life here would have been to heed the advice of their divorce attorney. Since California is a community property estate, shared assets and debts are split 50-50 with a few exceptions. Attorneys with property division experience could have used California law to help the Roses categorize their property and then amicably divide it.

Movies About Divorce Don’t Always Get It Right. Talk to a California Divorce Attorney About Your Divorce.

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.

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

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.

Dividing Business Interests in a Divorce

Dividing Business Interests in a Divorce

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.

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

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

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.

Do These 5 Things Immediately After Divorce

Do These 5 Things Immediately After Divorce

Divorce seems to come in several stages:  First, you try to decide whether to end your marriage or not. That’s sometimes a huge decision. Then you contact an attorney and start the paperwork. After negotiating a settlement, and a parenting plan if you have children, you get your final divorce order. Instead of breathing a sigh of relief, and planning your next party, take some time to do these things immediately after your divorce is final.

#1.  Make Sure You Understand the Terms of Your Settlement or Decree.

Even if you actively participated in the entire divorce process, give your divorce settlement a final, thorough review. Take note of anything you are required to do or not do. It’s also important to know your ex-spouse’s obligations, particularly those related to your children. Contact your California divorce attorney if you have any questions.

#2.  Change Beneficiaries on Financial Accounts.

Naming beneficiaries for your financial, insurance and investment accounts is always a best practice. But it’s easy to forget that your beneficiary designations probably include your ex and maybe even some of your former in-laws.

Contact each institution to learn how to change your beneficiary designations. It’s usually a relatively easy step that people often overlook.

#3.  Change All Usernames and Passwords.

Most people have several online accounts that require usernames and passwords. If you have not already done so, change all your logins immediately after your divorce. Make sure that you don’t use passwords that your ex-spouse could easily guess.

#4.  Let Your Employer Know About Your New Status.

It’s important that you tell your boss that your marital status has changed. However, you do not have to tell your employer every detail of your divorce. Only share what is necessary and what you feel comfortable revealing.

#5.  Change Your Estate Planning.

Estate plans typically include a Will, a durable power of attorney for finances, and an advance health care directive. Other common documents are the living will and the revocable living trust.

These documents reflect your last wishes and how you want your financial and medical decisions to be handled if you become incapacitated. Not many people would want their ex-spouse to be in charge of their bank accounts or deciding when to pull the plug.

It’s usually best to contact your estate planning attorney during your divorce. Immediately after your divorce, though, make sure you change these important documents.

Help with Your Divorce Is Available

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.

Full Financial Disclosure - California Divorce Laws Require It

Full Financial Disclosure – California Divorce Laws Require It

Emma wanted to divorce her husband, Chaz, for many reasons. He was unfaithful, emotionally abusive, and just an all-around jerk. But Emma was particularly happy as she filed her divorce petition because she would finally know Chaz’s complete financial picture. For many years, Emma had been held hostage when it came to money because of Chaz’s secretive ways. Now, both she and Chaz each would have to file a full financial disclosure under California law. But if he hid his money, would Emma and her divorce lawyer have any options?

What does “full financial disclosure” really mean?

During a divorce, the couple’s marital assets and debts are divided. But you cannot come up with a realistic property division unless you know what property and debts are involved.

“Full financial disclosure” means just what it says. Both parties to the marriage have to provide a complete picture of what they own and what they owe. Since California is a community property state, most income, assets, and debts acquired during a marriage belong to both parties – but there are exceptions. In fact, property division is complicated and should not be attempted without help from an experienced divorce attorney.

What does the disclosure of financial information work?

First, you serve your preliminary declaration of disclosure on your spouse. You do not have to file your financial disclosures with your divorce petition. However, you must serve them no later than 60 days afterward. The disclosures are not filed with the court, but you will file a Declaration of Disclosure and some other documents with the court that prove you took this step.

Your spouse will serve his or her preliminary disclosures on you.

As your divorce case proceeds, you might need to file a final disclosure.

The information submitted in your disclosures will be used for several reasons, including calculating property division. Child support and spousal support might also be affected.

How will I find money and assets omitted from my spouse’s financial disclosures?

If you and your lawyer feel information is missing, you might have to hire a forensic accountant to investigate. Also, watch for any documents, social media posts, or other signs that your spouse has hidden assets from you.

Are there any consequences for withholding information?

Absolutely! The judge can set aside your property settlement or even cancel it. If your divorce has already ended before you learn of the withheld information, the judge might reopen your case to review the new information.

People who lie on their disclosures may be unpleasantly surprised when the judge orders them to hand over the withheld assets. Finally, the withholder of information might be forced to pay the innocent spouse’s attorney’s fees.

Both Parties Need to Make Full Financial Disclosure in a Divorce

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, Gold River, San Diego, Santa Barbara, Ventura/Oxnard, and surrounding communities.
How a Forensic Accountant Can Help with Your Divorce Settlement

How a Forensic Accountant Can Help with Your Divorce Settlement

After 12 years of marriage, Blake usually knew when his wife Amanda was lying. Or, at least, he knew enough to be suspicious. The problem was proving it. Blake was especially concerned because he had just filed for divorce and knew he needed help. He and his attorney considered all the reasons they might want to hire a forensic accountant.

Analyzing and Corroborating Financial Information

A forensic accountant has the training and experience to do a deep dive into your finances. He or she can analyze your spouse’s financial disclosures and other property-related records more thoroughly than you can. They know what should be in the record and what should not be.

Identifying and Locating Hidden Assets

For example, many spouses try to hide assets from their spouses during a divorce. A forensic accountant is adept at searching and finding property that might otherwise be overlooked.

Untangling Business Interests

Business assets are often difficult to divide during the property division phase of a divorce. Experts like a forensic accountant can give you a clearer picture of how much a business is worth in terms of community property or separate property.

Calculating Potential Child Support and Spousal Support

It is necessary to understand the parties’ finances before agreeing on child support and spousal support. If the parties cannot agree, a family court judge could use your forensic accountant’s reports when calculating support payments.

Performing Traces to Characterize Property

Separate property belongs to only one spouse. Community property belongs to both spouses. However, sometimes the situation is murky, and it becomes difficult to decide whether property is separate, community, or quasi-community. Forensic accountants might have to trace back through financial records to determine how much of an asset should be divided between the parties.

Assisting and Advising Legal Counsel

Even the most experienced divorce attorney needs expert advice sometimes. Your forensic accountant provides an extra level of scrutiny to financial affairs, leaving your attorney free to deal with the legal issues.

Reporting and Testifying

Finally, your forensic accountant can be invaluable when it comes time to present his or her findings to the court. A well-written report based on factual evidence might go a long way toward helping your attorney get the best property division possible.

Let’s Talk About Forensic Accountants and Your Divorce Settlement

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 South California Coast.
Postnuptial Agreements in California Divorces

Postnuptial Agreements in California Divorces

Jan and Mike married when they were young and too in love to think about complicated things like finances and assets. After a few years, they started considering asking their attorneys to draft a document that addressed their new-found concerns. As they reviewed drafts of the document, Jan had some unwelcome thoughts about whether postnuptial agreements would hold up in a California divorce. She needed to learn more.

What are postnuptial agreements?

Unlike premarital agreements, these contracts are made by an already-married couple. Such agreements typically address property issues and the division of assets. 

Typically, postnuptial agreements must meet requirements set out by California contract law. For example, the agreement:

  • Must be in writing, and
  • Must be signed voluntarily by both spouses before a notary public.

Also, both parties must be honest and fully disclose their property interests when drafting the agreement.

Why would a couple want to sign this type of agreement?

There are several reasons, including:

  • One spouse has more assets than the other.
  • Either husband or wife expects to inherit or otherwise come into a lot of money.
  • One or both parties want to protect their assets from the other.
  • The couple cannot agree on how to handle their assets, including savings, investment accounts, and retirement accounts.

However, child custody and support issues cannot be addressed in such agreements.

Do courts recognize postnuptial agreements in California divorces?

Premarital agreements are recognized by the court as soon as they are signed. This does not mean every provision will hold up in court, but at least the agreement is acknowledged. On the other hand, postnuptial agreements are not valid until they have been presented to a family court and accepted by a judge.

California law does not directly address postnuptial agreements. However, California Family Code Section 1500 states:

“The property rights of spouses prescribed by statute may be altered by a premarital agreement or other marital property agreement.” [emphasis added]

So, provisions regarding property in postnuptial agreements might be upheld in court. The exception will be if the provisions violate the law in some other way.

Call to learn more about postnuptial agreements.

Postnuptial agreements could either complicate a California divorce or make it easier. Have you and your spouse signed one? If so, and you now want to dissolve your marriage, contact an experienced California divorce lawyer for advice.

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, Gold River, San Diego, Santa Barbara, Ventura/Oxnard, and surrounding communities.

Issues that Complicate Divorce

Issues that Complicate Divorce

Many people consider divorce one of the most stressful life events. But not all divorces carry the same levels of stress. Some couples agree on any significant issues, which makes the resolution of their case fairly simple. Other soon-to-be-ex-spouses have a more difficult path because of one or more of the following issues that complicate divorce.

Spouse-Related Concerns Can Be Problematic

The issues you had with your husband or wife don’t stop when you file for divorce. Some may directly impact how your divorce proceeds.

  • Adultery. You do not need grounds for divorce in California. So, your final order or settlement might not be affected except for one thing: misuse of community funds. When one spouse uses marital property on a new love interest, courts might reimburse the innocent spouse in the form of a larger portion of the remaining marital funds.
  • Revenge. Some people complicate divorce by trying to take revenge because their spouse deeply hurt them. Vengeful feelings can delay settlement negotiations.
  • Pregnancy. This issue can complicate divorce because of questions about paternity. If the husband doubts the child is his, he might ask for paternity tests so the court can determine whether child support is appropriate.
  • Spousal Support. It is not easy to work out how much spousal support is due and how long it will be paid.

Married couples without children avoid some of the concerns that parents face.

Children Typically Complicate Divorce

It’s great when both parents love their children and want to care for them. But all that love can get lost in the shuffle of divorce papers.

  • Custody and Visitation. Before a judge can issue the final order, parents have to come up with a parenting plan. Custody can be contentious as couples navigate the four types of custody: sole physical, sole legal, joint physical, joint legal. They might use standard visitation schedules or personalize them to fit their child’s needs. However, working out children’s arrangements adds an extra layer of stress.
  • Child Support. Parents who do not have physical custody often pay monthly child support to the parent who does. Calculating the amount of support definitely can complicate divorce proceedings.

Fortunately, family court judges always try to make decisions that are in the best interests of the children.

Finances Are Often a Contested Issue

Money matters to most people. Whether a divorce is amicable or contentious, spouses generally want to get what they deserve from the marital estate. Unfortunately, some issues complicate divorce to the point that settlement might be several years down the road.

  • Muddled Property Classification. Couples might have separate property, which they retain, or community property (which is split between the parties). However, it is not always easy to decide whether property is separate or community. For example, disagreements arise when one party brings substantial assets into the marriage but fails to keep them separate. Sometimes property is partially separate and partially community. It might take experts to untangle complications like these.
  • High-Net-Worth. Having more property means there’s more property to classify and divide. Again, the parties might need a financial expert’s careful analysis.
  • Business Assets. Some property is easier to appraise than others. Determining the value of a business is typically difficult and can quickly complicate divorce.

Divorce can be difficult, but you don’t have to go it alone.

When Issues Complicate Divorce, You Need Experienced Legal Counsel

Talk to a qualified 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 with divorce matters in San Francisco, Beverly Hills, Marin County, Santa Barbara, Ventura/Oxnard, San Diego, San Jose, Gold River (Sacramento), and surrounding communities.