Newport Family Law & Mediation Group

09/27/2023

Are my retirement accounts considered to be community property?

How to prepare for all possible outcomes in divorce.

03/30/2023

No one should use the difficult and painful details of divorce against a future ex-spouse.

Parental alienation.

01/04/2023

Most kids want time with both parents, but how can co-parents make these arrangements work?

There is a way to evolve the family dynamic.

09/28/2022

If it was purchased by one spouse, does the other spouse have any interest in it?

How does it work in CA?

09/25/2022

Does a nonowner spouse have an interest in the house?: California is a community property state, meaning all debts and assets acquired during the marriage are marital property and belong equally to both parties. Generally, property that belonged to one individual before the marriage will go back to that individual in divorce.

If one spouse owned the family home prior to the marriage, whether it is a separate individual asset or community property upon divorce is a gray area depending on what happened during the marriage. If the nonowner spouse made financial contributions to the property during the marriage, they may receive reimbursement.
What names are on the title?
If the owner spouse added the nonowner spouse's name to the title for the house during the marriage, or as part of a refinance, a court will view the house as a jointly owned marital asset.
Who paid the mortgage?
Even if both names are not on the title, if mortgage payments came out of a joint marital bank account, the nonowner spouse made a monetary investment in the home.
Did the value of the home increase during the marriage?
If funds for home improvements or home repairs during the marriage came out of a joint marital bank account, the nonowner spouse has made a contribution to the home, making it joint marital property.

A house owned by one spouse prior to the marriage could be separate property upon divorce if the house remains a passive asset throughout the marriage without causing any gain and with no investment made in it. However, this is unlikely if the married couple resided in the home during the marriage.

California is a community property state, meaning all debts and assets acquired during the marriage are marital property and belong equally to both parties. Generally, property that belonged to one individual before the marriage will go back to that individual in divorce. If one spouse owned the fam...

06/17/2022

The top 3 mistakes made during high asset divorces: All divorces are difficult, but divorces involving high-net-worth couples can be particularly challenging. With substantial amounts of money, real estate and other assets to divide, the involved parties have a lot to lose.

Avoiding these common mistakes can help you avoid devastating financial loss.
1. Rushing to a settlement
Divorce can be an arduous process. It is easy to become angry and frustrated and to say yes to anything. However, you will regret the decision to walk away from assets that may rightfully be yours. Seeing the process through to a fair and equitable distribution of assets is the right thing to do.
2. Hiding your assets
If you attempt to hide assets, the court may find you guilty of fraud and face serious charges and penalties. California statutes regarding the dissolution of marriage require full disclosure. Failure to do so may well damage your credibility with the court, and ultimately cost you during the settlement.

Equally important, be sure you have full disclosures from your soon-to-be ex-spouse. You should feel confident that there is no missing information before you negotiate.
3. Failing to consider tax implications
Changes to your financial status due to divorce can result in significant tax implications. Transactions that you make in order to divide assets, such as liquidating retirement accounts, can trigger penalties. Selling shared assets, such as vacation homes, can lead to significant tax consequences. Understanding your tax position can help you make good choices during settlement and avoid unnecessary costs.

Avoiding these three common mistakes during your divorce can save you money, time and regret in the future.

All divorces are difficult, but divorces involving high-net-worth couples can be particularly challenging. With substantial amounts of money, real estate and other assets to divide, the involved parties have a lot to lose. Avoiding these common mistakes can help you avoid devastating financial loss....

04/08/2022

Divorce affects the entire family, including grandparents - do they have any rights?

That family bond is important.

03/19/2022

Do I have a right to see my grandchildren?: Divorce is hard on individuals, couples and children, but it also affects those who are outside of the nuclear family.

Loving grandparents can become victims when complicated family matters prevent them from spending quality time with their young grandchildren.
Legal reasons for grandparents' rights
California family court evaluates situations on a case-by-case basis, but there are some circumstances where grandparents may petition the court for visitation rights. These include situations where:

One of the parents of the children has passed away
The child does not reside with either parent
The parents get divorced or were never legally married
There is a pending custody case in a California family court
The parents are legally married with a permanent separation agreement in place
A stepparent has adopted the child and the biological grandparent wishes to remain involved

Judges' considerations when making decisions
If there is a basis for grandparents' rights, and the grandparents can provide proof of an existing relationship that serves the best interest of the children, courts may grant visitation. However, if the reason for the petition no longer applies to the situation, a judge may reverse the decision and revoke the judgment. Additionally, courts generally do not attempt to rule against the wishes of parents unless there are extenuating circumstances. Therefore, if parents object to the grandparents having visitation rights, judges will consider the reasons why.

Grandparents have a special and essential role in the lives of their grandchildren, and thankfully, the California family court system recognizes and works to support family bonding during difficult times.

Divorce is hard on individuals, couples and children, but it also affects those who are outside of the nuclear family. Loving grandparents can become victims when complicated family matters prevent

12/16/2021

Does your parent need a guardian?: If your elderly parent or loved one can no longer live or do certain tasks independently, you may consider establishing a California guardianship. This legal arrangement, called a conservatorship when established for adults, gives a responsible person the right to manage another person's affairs and finances.

Review the basics about setting up a conservatorship for an aging family member in California.
Signs your loved one needs a guardian
If you are thinking about guardianship, you have noticed that your parent cannot function as he or she once did. Warning signs include forgetting to take medications, failing to perform personal hygiene and no longer eating properly. You might notice stacks of unopened mail or bills at your parent's house.
California conservatorship basics
In California, a family member can petition the probate court to establish a general conservatorship when another adult cannot provide self-care or financial management, such as an elderly person. If the court appoints you as your parent's guardian, you agree to care for and protect him or her, including shelter, meals, medical treatment, household management, personal care and transportation.

You must regularly update the court about your family member's mental and physical health and well-being. Some major decisions on behalf of your parent, such as changing living arrangements, might require sign-off from the judge.

While various family members can file for conservatorship, the court will make sure that a suggested arrangement supports the person's best interests. California prefers to have a spouse serve in this role if possible, followed by an adult child, living parent, sibling or another family member.

09/21/2021

Some partners are financially vulnerable after a divorce and need additional income to live.

Would I qualify for this type of judgment?

09/10/2021

Factors California courts consider when awarding spousal support: When you split from your husband or wife in California, you may have concerns about whether you might be able to maintain the same standard of living you have come to enjoy once your divorce becomes final. You may feel especially fearful about your financial future if your spouse was the primary breadwinner. In this situation, you may decide to seek spousal support in your divorce.

Whether you receive it, and how much of it you might receive, is going to depend on a number of different variables. Some of the factors that help determine whether you receive spousal support are as follows.
Your occupational skills and employability
A spousal support award is more likely if a judge feels you are not going to be able to land an adequate job and support yourself in the absence of your partner. The judge may consider your education, job skills and whether there is a market for your existing skillset when making decisions about support.
The length of your marriage
A longer marriage does not automatically mean you are going to receive spousal support. However, the longer your marriage lasted, the greater the chances that you made a career or other sacrifices for the betterment of your family. Typically, the more sacrifices you made for your spouse or family, the better your chances of securing support.

A judge may also consider whether there is any history of domestic violence or abuse in your marriage before deciding whether to award spousal support in your divorce.

When you split from your husband or wife in California, you may have concerns about whether you might be able to maintain the same standard of living you have come to enjoy once your divorce becomes

08/30/2021

Divorcing business owners need to make the best decisions for their company.

Understand the options during asset division.