Top 10 FAQs About California Military Divorce
California Divorce, Child Custody, Child Support, Property Division, Visitation

Top 10 FAQs About California Military Divorce

Serving in the armed forces can place an incredible strain on a marriage. In fact, the current divorce rate among military couples is around 4.8%, compared to about 2.5% in the general population. Military divorce is essentially the same as a civilian divorce, except some federal laws will apply. Certified Family Law Specialist Judy L. Burger shares the top ten frequently asked questions she often fields about California military divorce.

#1. Do I Need a Military Lawyer (JAG) for a Military Divorce?

While most military posts have legal assistance attorneys from the Judge Advocate General’s Corps available for advice, they do not handle divorces. You need a family law/divorce attorney in your state to handle your military divorce. To file for divorce in California, one of the spouses must be a California resident for at least six months and have lived in the filing county for at least three months.

#2. Will the Military Serve Divorce Papers to My Spouse?

The military services may help you locate your spouse, especially if they are on an overseas deployment, but they are not required to serve divorce papers for you. A California divorce lawyer can help you serve divorce papers.

#3. Can I Get a Default Judgement for a Military Divorce in California?

While default judgments in many civil law cases are permissible, the Servicemembers Civil Relief Act (SCRA) prevents this in military divorces. The court may permit up to a 90-day delay to allow active-duty service members to respond to a divorce petition.

#4. Does Child Custody Automatically Go to the Non-Military Spouse in a Military Divorce?

This is a popular misconception that is false. California courts do not discriminate against active-duty military parents when deciding child custody issues. The court will consider all relevant factors and decide according to the child’s best interests.

#5. Are Military Service Members Required to Pay Child Support?

A California family law court may order child support from either spouse, regardless of if they are military or not. However, a service member’s child support obligation cannot exceed 60% of their disposable income. Spousal and child support is taken seriously in the military, as is paying any debt. Service members who fail to meet their financial obligations may be subject to court martial or other disciplinary actions.

#6. How Is Property Divided in a Military Divorce?

California’s “community property” laws apply when dividing property in a military divorce. However, some federal provisions apply to benefits like military pensions. CA Family Law Attorney Judy Burger can explain more about military divorce property divisions in a confidential consultation.

#7. Can I Still Get Military Benefits After a Divorce?

Asset divisions in a military divorce are often governed by the “20/20/20 Rule.” In order to receive military benefits after divorcing a service member:

  • You must have been married for at least 20 years.
  • Your ex-spouse must have served in the military for at least 20 years.
  • Your 20 years of marriage must overlap with 20 years of your ex-spouse’s military service.

This only applies as long as you do not remarry. There are variations to this rule, so consult with a Military Divorce Lawyer like Judy Burger for the most up-to-date information.

#8. Will the Military Pay to Move a Spouse Back to the United States After a Divorce?

In the event of a divorce occurring overseas, the military may cover the moving expenses of the nonmilitary spouse. Typically, other moving expenses are subject to negotiation and are determined as part of the final divorce agreement.

#9: I’m Originally from Another State. Can I Get a Military Divorce in CA?

Yes. If you and your military spouse are stationed in California and you have established residency here for at least six months, you can file for a divorce in California.

#10. Where Do I Start a Military Divorce in California?

Contact The Law Offices of Judy L. Burger for more information about Military Divorce in California. We have eight offices throughout the state, and several are convenient to major military bases. Get the experienced help and guidance you need in a military divorce. Contact us today to schedule a confidential consultation near you.

Do You and Your Divorcing Spouse Own a Business?
California Divorce, Property Division, Property Division

Do You and Your Divorcing Spouse Own a Business?

Dividing assets in a California divorce can be challenging, especially when the spouses jointly own a business. What will happen to your business in the divorce? A variety of factors come into play with business valuations in a California divorce property division. Do you and your divorcing spouse own a business? California Family Law Attorney Judy L. Burger reviews some common challenges.

Jointly-Owned Businesses Are Community Property in California

In the state of California, the concept of community property applies in divorce or legal separation cases. This means that all assets and property acquired by the couple during the marriage are divided equally. Any property or debts obtained while the marriage is intact are considered community property, while separate property includes assets owned by one spouse before the marriage or gifts given only to one spouse.

Separate property is not subject to division in a divorce case, as the courts do not have the authority to distribute one party’s separate property to the other.

In divorce cases, a business owned jointly by the spouses is classified as an asset and is subject to division between the parties. Valuing the business can be difficult as each spouse may have different opinions about its worth, and some of these opinions may be challenging to quantify objectively. As a result, disputes and conflicts frequently arise in these situations.

Court Considerations When Dividing a Jointly-Owned Business in a Divorce

Courts weigh many factors when dividing a business. Attorney Judy L. Burger works with various real estate, business, and financial professionals to establish the best valuation of your business to facilitate a fair and equitable division of assets. However, there are many legal and intangible factors that come into play when seeking the most equitable division of a business and its assets. Here are some of the critical factors the court will weigh in its decision:

  • Did the business exist before the marriage?
  • Was your spouse formally added to the business’ ownership documentation?
  • What is the business’ legal structure (sole proprietorship, LLC, partnership, S-corporation, etc.)?
  • Is there a formal partnership agreement including the spouse?
  • Has the business been operated under a sole proprietorship, although both spouses worked in the business?
  • Are other partners involved besides the divorcing spouses?
  • What is the percentage owned by each partner?
  • How involved was each spouse in running the business?
  • What value does each spouse bring to the business?
  • Did one spouse borrow from family funds to buy something for the business?
  • Can one partner buy out the other(s)?
  • How will the remaining family assets and liabilities be divided?
  • How will each spouse earn a living outside of the business?

What If I Owned the Business Before the Marriage?

If you started your business before getting married and did add their name to business documents or legally make them a co-owner, the business may be considered separate property in a divorce. This could protect the business from being divided as community property.

However, you may still have to share the business’ appreciation that occurred during the marriage. During your marriage, the increase in value of the business and the income generated may be viewed as community property.

Also, your spouse’s contributions to the business during your marriage will be considered. This may involve actively working for the business or supporting the household while you focus on work.

Get Help with Business Valuations and Property Division in a CA Divorce

Determining the value of a business in a divorce case is a complex task that requires specialized skills and knowledge. Certified Family Law Specialist Judy Burger collaborates with seasoned valuation experts to guarantee an equitable and precise assessment of your business. She is dedicated to upholding fairness and protecting your rights throughout the divorce and property division process.

Contact The Law Offices of Judy L. Burger for more information and to schedule a consultation.

 

Common Legal Separation Myths
Legal Separation, California Divorce

Common Legal Separation Myths

Family law is complex, and misunderstandings abound. Perhaps nothing is more misunderstood than legal separation. Disagreements can arise and cause both parties to give each other some space; this is not, however, a legal separation. This and many other myths frequently cause confusion and serious mistakes.

Attorney Judy L. Burger is a Certified Family Law Specialist in California who can help you understand divorce, separation, and related issues more. She shares the truth about a few common legal separation myths so couples can make wiser decisions for their future.

Myth #1: Legal Separation Means Physical Separation

“We’re married but haven’t lived together for over two years; I guess you could say we’re separated.” We hear this often in our law offices, and it highlights the popular confusion over “separation.” Fortunately, the California legislature cleared up this ambiguity in 2017. Family Code 70 states the following:

(a) “Date of separation” means the date that a complete and final break in the marital relationship has occurred, as evidenced by both of the following:

  • The spouse has expressed to the other spouse his or her intent to end the marriage.
  • The conduct of the spouse is consistent with his or her intent to end the marriage.

(b) In determining the date of separation, the court shall take into consideration all relevant evidence.

(c) It is the intent of the Legislature in enacting this section to abrogate the decisions in In re Marriage of Davis (2015) 61 Cal.4th 846 and In re Marriage of Norviel (2002) 102 Cal.App.4th 1152.

According to this interpretation, a husband and wife may still live in the same home and be legally separated. A legal separation judgment divides assets and other agreements but does not dissolve the marriage. A physical separation simply means the husband and wife no longer reside together. It does not automatically become a “legal separation.”

Myth #2: I Can File for Legal Separation Independent of My Spouse

This myth is born of independence and alleges that a husband or wife may file for legal separation without the consent of the other. In most cases, this is false.

California Family Code Division 6: Nullity, Dissolution, and Legal Separation; Chapter 4: General Procedural Provisions; Section 2345 states, “The court may not render a judgment of the legal separation of the parties without the consent of both parties unless one party has not made a general appearance and the petition is one for legal separation.”

Essentially, this means that both spouses must agree to the court’s judgement of legal separation. In rare cases, a petitioner may ask for legal separation, but the other spouse never responds. The petitioner may then file for a default judgment of legal separation from the court.

Myth #3: Spouses Choose Legal Separation Because They Don’t Believe in Divorce

Legal separation or divorce are intensely personal choices that are made for numerous reasons. Some couples eschew divorce over moral or religious beliefs, but far more choose legal separation for other reasons. These can include:

  • Tax benefits
  • Insurance or retirement benefits
  • Military spouse benefits
  • Less emotional trauma for the family

Discuss with your CA Family Law Attorney whether divorce or legal separation is best for your circumstances.

Seasoned Help with Divorce and Legal Separation

California Certified Family Law Specialist Judy Burger has walked with many couples through legal separation or divorce. She can explain how each works and how the particulars apply to your unique situation, including custody arrangements, property divisions, and more. You have rights and options under the law. Contact The Law Offices of Judy L. Burger in California to get the facts and sound advice on how to proceed.

 

What Makes a CA Certified Family Law Specialist Different?
California Divorce, Child Custody, Child Support, Domestic Violence, Mediation, Property Division, Property Division, Restraining Order, Spousal Support

What Makes a CA Certified Family Law Specialist Different?

Family law matters are often intensely personal and highly emotional. Dealing with families and relationships is always complex and much is at stake for everyone involved. You want more than an attorney when family law issues arise – you want a specialist. California Family Law Attorney Judy L. Burger is a Certified Family Law Specialist who is able to handle complex personal cases through court petitions, negotiation, and litigation.

What makes a CA Certified Family Law Specialist different from run-of-the-mill family law and divorce lawyers?

A High Level of Specialization

Obtaining a law degree and passing the California State Bar exam to practice law is only the beginning. Certified specialists in any area of law must pass a rigorous set or requirements to demonstrate their exceptional knowledge, experience, and proficiency. Only after completing this extensive process does the state bar award the attorney a specialist certificate.

To become a Certified Family Law Specialist in CA, attorneys must satisfy the following prerequisites: 

  1. Pass a written examination
  2. Continuously practice law in their specialty area for at least five years
  3. Complete continuing education in their specialty area
  4. Receive favorable evaluations by other attorneys and judges
  5. Demonstrate experience in a variety of family law matters, including divorce, child custody, child and spousal support, domestic violence restraining orders, property division, and more.

Becoming a certified family law specialist takes time, experience, and extensive knowledge.

Superior Experience in Family Law Cases

Certified Family Law Specialists must continue to demonstrate their expertise by handling complex family law cases to further broaden their knowledge and experience. Recertification every five years requires more continuing education while putting this extensive knowledge into action helping California families.

A CFLS will have considerable experience with:

  • Messy divorces
  • Complex business valuations
  • Sophisticated property divisions
  • Tense negotiations
  • Filing petitions with the court
  • Advising clients
  • Litigating difficult child custody and support cases
  • Ex parte hearings
  • Domestic violence
  • More…

Seasoned representation by a Certified Family Law Specialist like Judy Burger means the putting encyclopedic knowledge, extensive education, years of real-world experience, and measured expertise in your corner. She is vastly more qualified to help you get the results you need and want than other non-certified family law attorneys.

Why Should I Choose a Certified Family Law Specialist Instead of a Family Law Attorney?

Family law matters can be rough on you mentally and emotionally. The possible complexities and problems are legion and specific to every case. However, a CFLS has likely encountered similar cases before and has experience helping families find solutions. If you anticipate a difficult road ahead in your divorce, child custody, support, or related matters, choose a CFLS like Judy L. Burger.

Here are some examples of cases where we recommend a Certified Family Law Specialist:

  • Both parties have agreed to a divorce, but that’s all you agree on.
  • You have differences of opinion about matters like college debt, large real estate holdings, retirement funds, and other asset divisions.
  • You have small children still at home and cannot agree on a custody and support arrangement.
  • Both parties grew up in different cultures, so family rights and extended family concerns are involved.
  • Both parties jointly own a business.
  • One or both divorcing parties are active duty military.
  • You or your child’s safety is threatened.
  • You or your child are victims of abuse.

CFLS Judy Burger has trained for just these and many other situations so she knows how to help you. In fact, she’s been there with other families before. She can guide you through negotiations, difficult conversations, far-reaching decisions, and even embattled litigation with compassion and fortitude.

When you need stable counsel and steady legal representation through one of the most difficult times of your life, you need the services of a Certified Family Law Specialist. Contact The Law Offices of Judy L. Burger as soon as possible to discuss your case and next steps. We have offices throughout California for your convenience.

Your Top 10 FAQs Answered About Family Law in California
California Divorce, Child Custody, Child Support, Domestic Violence, Property Division

Your Top 10 FAQs Answered About Family Law in California

Family law deals with issues like divorce, child custody, child support, alimony, and property division. If you are going through a family law issue in California, you likely have many questions about the process and your rights. Certified Family Law Specialist Judy L. Burger answers the top ten questions we’re asked at our California practice about Family Law matters.

Of course, we can only provide the barest facts in an article. More complete explanations and answers to other questions are available in a complimentary consultation. Contact The Law Offices of Judy L. Burger to schedule your consultation.

Top 10 Family Law FAQs

Review these common questions clients routinely ask Attorney Judy Burger during initial consultations at her offices.

1. What is the process for getting a divorce in California?

To get a divorce in California, you must file a petition for dissolution of marriage with the court. You will need to serve your spouse with the petition and wait for their response. If you and your spouse cannot reach an agreement on all issues, such as child custody and property division, the court will schedule a trial to decide these issues for you.

2. How is child custody determined in California?

California courts determine child custody based on the best interests of the child. The court will consider factors such as the child’s age, health, and relationship with each parent. Generally, the court prefers frequent and continuous contact with both parents as long as it is in the child’s best interests.

3. How is child support determined in California?

California law provides guidelines for determining child support. The guidelines take into account the net disposable income of each parent and the amount of time each parent spends with the child. Other factors, such as the child’s needs and the standard of living before the divorce, may also be considered.

4. What is spousal support in California?

Spousal support, also known as alimony, is financial support paid from one spouse to the other after a divorce. Spousal support can be temporary or permanent, depending on the circumstances of the case.

5. How is spousal support determined in California?

California law requires the court to consider various factors when determining spousal support, including the length of the marriage, the standard of living before the divorce, and the age and health of each spouse. The court has discretion in determining the amount and duration of spousal support.

6. How is property divided in a California divorce?

California is a community property state, which means that property acquired during the marriage is generally divided equally between the spouses. However, there are exceptions to this rule, and the court may consider factors such as the length of the marriage and the economic circumstances of each spouse.

7. Can I get a restraining order in a family law case?

Yes, if you are a victim of domestic violence or harassment, you can obtain a restraining order to protect yourself and your children. The court may issue a temporary restraining order, followed by a hearing to determine whether a permanent restraining order is necessary.

8. Can I modify a child custody or support order?

Yes, if there has been a significant change in circumstances, such as a job loss or relocation, you can petition the court to modify a child custody or support order. The court will consider the child’s best interests when deciding.

9. What is mediation in a family law case?

Mediation is a process in which a neutral third party helps the parties in a family law case reach a mutually acceptable agreement. It can be voluntary or court-ordered and can be a cost-effective alternative to litigation.

10. Do I need a lawyer for a family law case in California?

While you are not required to have a lawyer for a family law case in California, it is highly recommended. Family law cases can be complex and emotional, and having a knowledgeable and experienced lawyer can help protect your rights and interests.

Seasoned Family Law Representation in California

Family law issues in California can be challenging and emotional, but understanding your rights and the legal process can help alleviate some of the stress. If you have questions about a family law issue in California, contact The Law Offices of Judy L. Burger, with eight offices across the state to serve you.

 

Overcoming Common Property Division Obstacles During a Divorce
Property Division, California Divorce, Property Division

Overcoming Common Property Division Obstacles During a Divorce

A property division can be fraught with obstacles during a divorce. Partners can accumulate assets of significant value over the years, and dividing them equally is virtually impossible. California Certified Family Law Specialist Judy L. Burger has extensive experience helping divorcing couples divide their property equitably and with the least rancor.

She shares the benefit of her experience in these tips for overcoming common property division obstacles during a divorce.

Common Obstacles to Dividing Property in a Divorce

Divorce can be difficult enough, but adding complex asset divisions into the mix often stretches tempers and emotions to the breaking point. Such divisions are never easy because they involve more than easily sectioned assets. Some of the most common obstacles to dividing property in a divorce include:

  • Family or Jointly-Owned Businesses – Determining who keeps the business, how it is divided, or other related questions is often complex.
  • Common Property—The home and other common property are often a serious point of contention in divorce property divisions.
  • Sentimental Property – A favorite book collection or family heirloom can cause negotiations to reach an impasse.
  • Digital Assets – Music collections and even the right to use online consumer awards can cause a breakdown in property division negotiations.
  • Retirement Benefits—Joint investments and retirement accounts can be real sticking points when determining an equitable property division.
  • Marital Debts – Couples can disagree more about debts than assets, and creating an arrangement to cover debts can be the hardest aspect of a property division.
  • Small Children – Younger children and custody considerations add several layers of additional concerns when dividing assets and marital properties.

Tips for a Smoother Property Division During Divorce

How can you help the property division process go much smoother? Follow these tips:

Don’t Be In a Hurry

Property divisions take time, and more complex assets and issues will require even more. Resolve to be patient and allow the process to play out. Critical factors, such as business valuations, asset valuations, and other processes, require time to be completed. Trust Attorney Judy L. Burger to work diligently with the best resources and leading experts to get the facts you need before serious decisions can be made.

Start With Short-Term Solutions

Begin by keeping things on an even keel. Make sure both households stay afloat for several months. Keep the rent, mortgages, car payments, and other bills current while everything else is being figured out. Focus on caring for yourself and your family, especially if children are involved. Seek amicable arrangements to keep life going steady for a while.

Focus on Needs and Interests, Not Positions

Avoid starting off with solid pronouncements like “I demand the house and the children every weekend.” Focus instead on your needs and interests and those of your family. What does everyone need to live on? How can you maintain a good relationship with the children? How will their needs best be met?

Get Seasoned Legal Guidance

Negotiating the minefields of divorce and property divisions without a seasoned family law attorney is like braving uncharted shoals hidden by large waves – you’re asking for disaster. A Certified Family Law Specialist like Judy Burger has the recognized expertise for navigating complicated divorce negotiations and property divisions.

She can guide the negotiations and offer strategic counsel while representing your interests and those of your children. An experienced third party like her can prevent serious misunderstandings, emotional arguments, and other detriments to a favorable outcome.

CA Divorce & Property Division Guidance

Troublesome relations and complex asset divisions are no problem for Attorney Judy Burger. She has successfully guided numerous complex divorces and property divisions so families can move forward. Contact The Law Offices of Judy L. Burger in California for legal representation, mediation, negotiation, and litigation concerning divorce and complex property divisions.

Jointly-Owned Businesses and Divorce
California Divorce, Property Division

Jointly-Owned Businesses and Divorce

When a couple decides to end their marriage, one of the most complex issues that they may face is the division of property. This can be especially difficult when the couple owns a business together. Jointly-owned businesses in California add another layer of complexity to the divorce process. What are your options for keeping or dividing the business? How does California law impact these decisions?

Certified Family Law Specialist Judy L. Burger discusses the specific considerations that need to be taken into account during a divorce involving a jointly-owned business.

Community Property Laws in California

California is a community property state, which means that any assets acquired during the marriage are presumed community property and if found to be community property, must be divided equally between the spouses in the event of a divorce. This includes any businesses that the couple owns jointly. In California, the ownership of a business is determined by both the legal and economic interests of each party.

Legal Interest vs. Economic Interest

Legal interest refers to the ownership interest that is reflected in the legal documents of the business. Economic interest refers to the actual value of the business. In some cases, these interests may not be equal. For example, one spouse may have a greater legal interest in the business. Still, the other spouse may have contributed more to the business and may have a greater economic interest.

Valuing Jointly-Owned Businesses

In order to divide the business equally, it is important to determine the value of the business accurately. This can be a complex process and may require the assistance of a business appraiser or accountant. The appraiser will take into account the assets and liabilities of the business, as well as any future earnings potential.

Options for Dividing the Business

Once the value of jointly-owned businesses has been determined, there are several options for dividing it. One spouse may buy out the other spouse’s interest in the business. This can be done by paying the other spouse their share of the business in cash or by exchanging other assets of equal value. Another option is for the spouses to continue to co-own the business. This can be a difficult option, as it requires the spouses to continue to work together, despite the end of their marriage.

Protecting the Business

In some cases, it may be possible to protect the business from being divided during a divorce. This can be done through a prenuptial or postnuptial agreement that outlines how the business will be treated in the event of a divorce. It is important to consult with an experienced Family Law Attorney like Judy Burger to ensure that any agreements are legally enforceable.

Get Help from a Seasoned CA Family Law Attorney

Divorce can be a difficult and emotional process, especially when it involves a jointly-owned business. It is important to work with a seasoned family law attorney who can help you navigate the complexities of dividing a business during a divorce. Ending a marriage and severing a business relationship at the same time requires keen wisdom in human relationships as well as an encyclopedic knowledge of the law.

Judy Burger is a Certified Family Law Specialist who can guide you through the rocky shoals of divorce and help you with property division concerns over a jointly-owned business. She has solid working relationships with various professionals who can help her protect your interests and ensure that your rights are protected. These accountants, appraisers, business attorneys, real estate brokers, and other professionals work with her to help you get the most from any business division of property due to divorce.

Contact The Law Offices of Judy L. Burger today to learn more and schedule a consultation.

 

Is 50/50 the Best Custody Option for my Kids?
Child Custody

Is 50/50 the Best Custody Option for my Kids?

When parents divorce, one of the most important decisions they will make is how they will share physical custody of their kids. In some cases, parents may want to divide their time equally or “50/50.” This may seem like an equitable and logical choice. However, if you are considering this type of arrangement, you will want to know: Is 50/50 the best custody option for my kids? Continue reading →

What do You do When You Think Your Ex is Hiding Divorce Assets?
Property Division

What do You do When You Think Your Ex is Hiding Divorce Assets?

During your California divorce, you and your ex will be required to identify and disclose certain financial information to one another. Ideally, everyone will follow the rules and be honest about their assets. However, there can be situations when a party is not being financially forthcoming. If you are going through a California divorce and believe your former spouse has secret property, you need to ask: What do you do when you think your ex is hiding divorce assets? Continue reading →

What is a Collaborative Divorce, and is it Right for Me?
California Divorce

What is a Collaborative Divorce, and is it Right for Me?

When a marriage is ending in divorce, couples have a choice about how to proceed with their case. Sometimes, divorcing parties will want to end their marital relationship with as little conflict as possible. One option for couples in this situation is to have a Collaborative Divorce. If you have never considered or heard of this divorce model, you may be wondering: What is a Collaborative Divorce, and is it right for me? Continue reading →