Leslie L. Abrigo, APC
619-600-5902 | 877-454-5297 (LAWS)

Chula Vista Family Law Blog

The more you know re California property division, the better

Regardless of the particular state someone lives in, making the decision to divorce is never something to be taken lightly. State residence, however, can indeed have a significant impact on the ultimate outcome of a case. This is especially true regarding property division proceedings. There are currently nine states in the U.S. that operate under community property laws in divorce, and California is one of them.

Living in a community property state means that married couples have an equal share in all income, assets and debts acquired during marriage. In other words, everything obtained during marriage is considered jointly owned, no matter which spouse earned, purchased or acquired it. If a particular spouse incurred debt during marriage, community property rules state that both spouses are equally responsible for the debt.

High-net worth divorce: What will it mean for Adele?

Many music lovers in California and worldwide count Adele as one of their favorite artists. A recent announcement that she is headed for a high-net worth divorce prompted many fans to post their thoughts on social media. Some have said they believe the singer's personal life will likely spark a new album and may ultimately add to her $180 million net worth.

Whether a spouse happens to be a celebrity or not, when a high value assets are at stake, a divorce can get quite messy. State law has significant bearing on property division proceedings. California operates under community property rules, meaning that all marital property (and debt) is typically split 50/50 in divorce.

Should you sign a prenuptial agreement?

Many single people in California will no longer be single by year's end. That's because thousands of couples will "tie the knot" and get married; however, not every set of spouses will sign a prenuptial agreement ahead of time. There are benefits, as well as potential downsides, to entering a prenuptial contract. It is critical that a person considering signing a prenup should weigh both sides to determine if it is a good idea in his or her particular situation.

For business owners, for instance, protecting their companies' interests is typically a high priority. Signing a prenuptial agreement before marriage is often the best way to retain separate ownership of a business. This way, if a marriage ends in divorce, business assets will not be subject to division during proceedings.

When your co-parent sues you for child custody in California

Like most good parents in California and beyond, your children's best interests are always one of your highest priorities. When you decided to divorce, you logically assumed that your decision would have a significant impact on your children's lives. You likely also believed that, with a lot of love and strong support, you'd be able to help them successfully transition to a new lifestyle. When your ex filed a lawsuit against you for child custody, you may have felt like someone pulled the rug out from under your feet.

In a perfect world, co-parents would always agree to work together for the sake of their children. In reality, post-divorce custody situations can be quite stressful, especially if one parent is trying to undermine the parental rights or parent/child relationships of the other. If you're facing a lawsuit, there are several factors to keep in mind that the judge overseeing your case will no doubt consider before making a final decision in your case.

¿Cómo funciona la custodia de los hijos en California?

La custodia de los hijos es una de las preocupaciones más importantes dentro de los casos de divorcio. Los tribunales de California siempre están pendientes de lo que es mejor para el niño o los niños dependiendo del caso.

Las circunstancias del hogar y la familia de los niños pueden tener un efecto grave en la vida de estos. Por lo tanto, las sentencias de custodia de los hijos son tomadas muy cuidadosamente por los tribunales en donde se estudian muchos factores y circunstancias antes de tomar una decisión.

Woman paying spousal support thinks it is time to stop

When a California judge orders someone to provide financial assistance to an former wife or husband, it is usually on a temporary basis. While unique circumstances might warrant permanent payments, it is common for spousal support to last a given amount of time. The idea is to help a former spouse make ends meet until he or she is able to independently sustain his or her own financial lifestyle.

A woman in another state was always the primary breadwinner in her marriage. She was not surprised when the court ordered her to pay spousal support when she and her husband divorced. The court order stated that the support was to last five years.

High-net worth divorce: Jeff Bezos trying to preserve his wealth

Most California residents have shopped on Amazon at one time or other. However, many may not know that the founder of the company, Jeff Bezos, is preparing for high-net worth divorce proceedings. As the richest man in the world, he reportedly has many issues to resolve, especially the 16 percent of shares he owns in the company he created and in which he acts as the current CEO.

There has been speculation regarding an alleged extramarital affair between Bezos and a former television personality. However, Bezos himself has issued a public statement, stating that he and his wife intend to part on amicable terms. He also said they are looking forward to a future where they will remain friends and, perhaps, enter joint business ventures together.

Issues to discuss in high-net worth child custody cases

When California parents divorce or when unmarried parents decide to end their relationships, they usually have to negotiate agreements regarding various child-related issues, such as where their children will live or what a parenting plan will be. Those in high-net worth child custody situations may be able to achieve agreeable outcomes if they focus on several important issues during negotiations. Keeping children's best interests in mind is definitely a key factor to maintaining an amicable relationship with a co-parent.

The most successful co-parenting plans include parents who consider their children's needs their highest priority. Even if there may be unresolved issues between parents that stem from their past marriage or romantic relationship, if they can set those feelings aside and work together for their children's sake, it is best for everyone involved in the long run. Critical issues that should be addressed in negotiations include matters of discipline, decision-making authority and emergency care plans, meaning details regarding who should be notified of a child-related emergency and who can consent to medical care, etc.

Monthly spousal support: Is it avoidable in California?

Thousands of people in California will face high-net worth divorce situations in 2019. Such circumstances often spark contentious disputes between spouses who don't see eye to eye regarding financial issues. Many spouses may be hoping to avoid having to make monthly spousal support payments.

Some individuals simply want to settle everything in one fell swoop so that they can put the past behind them and move on in life. If the court orders monthly payments to provide financial supplement to a spouse, it is a constant reminder of things past and can have a negative effect on one's ability to adapt to a new lifestyle. However, there may be a way to avoid a monthly payment.

  • State Bar of California - California Board of Legal Specialization
  • South Bay Bar Association
  • San Diego Family Law Bar Association
  • Avvo
  • Best of South County
  • Best of South County 2017
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