Family Law
California is a community property state, meaning each spouse is entitled to one-half of all community property acquired through the effort, time and skill of the spouse during marriage. Any property acquired before marriage or by gift, bequest or inheritance is the separate property of the acquiring spouse unless it is transmuted to the community in writing and where it is co-mingled, the spouse claiming it is separate property must be able to trace it to a separate property source. Prenuptial Agreements Parties contemplating marriage may decide for whatever personal reason that they prefer to have a prenuptial agreement before they marry. It is legally binding and the parties determine the terms of the agreement. However, the court may not enforce certain provisions of the agreement if it ruled that the provisions were unconscionable at the time of enforcement. Prenuptial agreements are contemplated typically in second marriages and where the assets of the parties contemplating marriage are grossly disproportionate. However, it does not preclude any parties contemplating marriage. Postnuptial Agreements Postnuptial agreements are agreements entered into after the parties were legally married. Like prenuptial agreements, the parties set the terms of the agreement. However, the court may not enforce certain provisions of the agreement if it ruled that the provisions were unconscionable at the time of enforcement. Separation and Divorce In separations and divorces, my law firm's approach is to encourage you to get pass the anger, disappointment, despair, and all the various emotions that one experiences when a marriage ends. My goal is to get you to focus on plans for your future, not do battle with the past. Battling with the past to spite the other or to get even would more likely than not drain you emotionally, financially and more importantly may hurt your children and prolong their struggle with already difficult changes in their lives. I strongly advocate mediation so you can move on with your life. Regardless of how you view it, at the end of the day, you have to start life afresh. You can get on with your life as soon as possible or hang on to your pain, hurt and anger. Its your choice. If you choose to move on, my law firm stands ready to help you. Reflections When we take the oath of marriage, we believe that it will be until death do us part. Sometimes, life takes a different path and we have to part ways for any number of reasons. It is never an easy decision especially when children are caught in the middle and it can get ugly. There is often a lot of hurt, pain and anger. My law firm has decided to focus also on family law because I want to help make the process as cordial and "painless" as possible for you, for your sake and for your children's sake. Remember you once loved each other. I want to help you move on and look to the future, not hang on to the hurt, pain and anger that led you to my office. You have rights. You also want to be reasonable and work out a solution that will enforce your rights and allow both of you to start afresh in a positive manner. You want your children to be in a good place despite it all. You want to choose to look to the future and make a better life for yourself. Separation When you have determined that the marriage has broken down and it cannot be repaired, a physical separation combined with intent not to reconcile will enable you to at a minimum establish an effective date for separation of assets and liabilities. Community Property Law Under California's community property law, upon divorce, each spouse is entitled to one-half of all community property acquired through the effort, time and skill of the spouses during marriage. Any property acquired before marriage or by gift, bequest or inheritance is the separate property of the acquiring spouse except where it is transmuted to the community in writing or where it is co-mingled, the spouse claiming it is separate property must be able to trace it to a separate property source. It is a marital right and protection afforded by the state of California. However, it does not preclude divorcing spouses from making their own agreements on how they want their property divided. You can choose to be considerate of each other's circumstance. Spousal support Spousal support is an important marital right. However, the spouse receiving spousal support has a duty to become self-supporting over time. Spousal support does have a termination date, for example, upon re-marriage. If the marriage span more than a decade, it is possible to negotiate for spousal support to terminate at half the number of years the marriage lasted. Further, the spouse providing spousal support may petition the court to change the terms of the spousal support if circumstances have changed substantially. Child Support You both chose to have a family. Your children are your joint responsibilities. As parents, you have a duty and responsibility to protect them, provide for them and equip them with the means and skills to become independent, self-reliant adults. Your continued love, care and support of them will ease the difficult adjustments they have to make because of the marital dissolution. Talk to Each Other If you fight, you will be expending valuable financial resources on litigation costs, court costs and other related costs. It makes sense to talk to each other and have a mediated divorce. My law firm can help you through the process. Family Law and Estate Planning When you are contemplating separation or divorce, it has implications on your existing will/trust. It is important to review your existing will/trust and determine if the process will impact your estate plan. My law firm will review your estate plan for you. Serving Westlake Village, Thousand Oaks, Greater Conejo Valley and Ventura County |