If you are getting divorced in California, you may hear the terms “Epstein Credits” and “Watts Charges” used in connection with your shared property. Depending on the facts of your case, these terms may have significant implications in your California divorce. What are Epstein Credits and Watts Charges in a California divorce? Continue reading
When a couple divides their assets during a California divorce, various financial resources may be involved—including inheritance. If you and your ex are divorcing, knowing how the process will impact inheritance and other estate planning assets is important. Here is more on California divorce and inheritance. Continue reading
In California, outside of certain exceptions, spouses have joint liability for their community debts. Credit cards are a common source of debt that usually comes up during a California divorce. If you have joint credit card debt with your ex, you need to know: What happens to credit card debt during a California divorce? Continue reading
Couples in an average marriage face some pretty common issues when they file for divorce. For example, they have to divide their property and debts. If they have children, they must develop a good parenting plan that covers custody and visitation. And, since divorce records are public, friends and family could discover their very private dealings, but it’s unlikely their peccadilloes will hit the news or go viral. High-profile divorces take common issues up a notch or two (or three or four, depending on the couple). Continue reading
As a married couple, Noah and April shared everything – their finances, homes, and friends. They also shared their pet. Desi was a ball python they had raised for more than seven years. Although snakes are not generally considered cuddly pets, both Noah and April loved hanging out with him. But pet custody never entered their minds until they decided to end their marriage. Since they both wanted to keep Desi, deciding what was in the best interests of their python became a major obstacle. Continue reading
When people get married, it’s often said that they are becoming one. Their lives, friends, and family are combined to form their new life. But what about their property? Does one person’s stuff automatically belong to the new spouse? Not necessarily, especially in a community property state like California. Possessions can be considered community (owned by both), separate (owned by one person), or mixed (a little of both). To make things a little more complicated, three types of separate property can exist in a California marriage. Continue reading
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. Continue reading
Be aware that there are spoilers ahead if you have never seen the movies about divorce discussed in this article.
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.
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.
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.
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.
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.
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:
Your California divorce attorney can provide knowledgeable assistance when it comes to categorizing your property.
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.
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.
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.
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.
First, it’s essential to know what you are dealing with. Trying to divide property between spouses is impossible without certain information, including:
After working through the issues mentioned above, along with any others that apply, you and your spouse can begin dividing business interests.
Often, couples will use one of the following methods of dividing their business assets:
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.