The Koblin Family Law Center

Pleasanton Family Law Blog

Is your business at risk because of your divorce?

If you are heading toward divorce, you are probably experiencing one of the most stressful times of your life. Faced with pressing questions and impossible choices, you are working against all odds to bring a brighter future from what may be a dark and emotional time for you. This may be even more of a challenge if your business is on the table for asset division.

Like many business owners, you may have invested your heart and soul, not to mention a great deal of money and time, into your business. Whether this was an enterprise you began before you married or after the wedding day, you have many options to consider to determine the fate of your business and potentially your livelihood.

Protect your future by avoiding divorce mistakes

A divorce can change everything. All the things you may have placed your trust in are now on the line. In the middle of dealing with your present emotions, you may have many concerns about what your future will look like, and rightly so. Will you have to move? What will child custody look like? How will you manage the holidays?

Perhaps one of the most concerning elements of a divorce is worrying about your financial future. Even if you are comfortable now, that could all change once you sign the papers. The outcome of a divorce may seem simple since California's community property laws direct the equal division of marital property. However, there are certain actions that could complicate that for you.

Financial stress can destroy even a high-asset marriage

Money may not be the root of all evil, but it is a common factor in many divorces. However, it may not be what you think. Studies show that it is not the love of money or the lack of money that breaks up marriages. It is often a difference in attitudes about money.

If you and your spouse have worked hard to reach a comfortable income, buy a nice home in a good neighborhood, and provide a quality lifestyle for yourselves and your children, you may have expected to be happy together. Unfortunately, having enough money does not necessarily mean your marriage will avoid the most common money disputes.

Questions you may have as you consider the option of divorce

It's not easy to make the choice to divorce. This decision usually comes after a time of contemplation and consideration, and even if you are certain that you want to end your marriage, you may not be sure what this will mean for you going forward. There is often a lot of uncertainty associated with divorce, and you may have many questions about your future.

When people have divorce concerns, they are often about the division of marital property and their financial futures. This is often one of the most complex issues in a divorce, and California couples may not agree over what will happen or how they should divide marital property. If you are facing a divorce, you may want to get some answers to some of your biggest questions before you move ahead.

Avoiding property division mistakes

When your divorce is finalized, you probably hope to continue living in the comfortable manner to which you were accustomed during your marriage. You may have heard of friends or relatives who struggled financially after their divorces, and you want to take every precaution against that, if possible.

If you and your spouse have considerable wealth, the actions you take during property division can go far in ensuring you obtain your fair share of that wealth under California law. While you may have to make some adjustments in your living arrangements, spending habits or job situation, you can take steps during your divorce to avoid some of the common mistakes that can be detrimental to your post-divorce finances.

Is your spouse hiding assets during your divorce?

Breaking up with your spouse is more than just an emotional split. It may mean the separation of your assets and the division of your property. If you and your spouse have accumulated significant assets during your marriage, obtaining a fair portion may be a challenge, especially if you suspect your spouse is hiding assets to keep them from the divorce.

You have a right to a fair portion of any assets accumulated while you and your spouse were married. Unless you signed a prenuptial agreement that protects some of those assets from property division, your spouse may hide them from you. You will want to recognize the signs of this deception and know how to proceed to obtain proof.

Taking steps to prepare for a process you never planned to face

When you and your spouse chose to enter a marriage, you likely did so with every intention of staying together for the remainder of your lives. However, with studies indicating that as many as half of all marriages result in divorce, until death do us part might not always be the outcome.

While making the decision to divorce can be a stressful and emotional process, in some cases, it could also be the healthiest decision for everyone. Even if you feel that taking separate paths is the healthiest option, you might still find it challenging to prepare yourself for what comes next.

Bringing up the topic of divorce may set precedence for case

When your marriage started having issues, you may have thought that you could work through the problems. Both you and your spouse may have tried a great deal, but you may not be seeing any improvement. As a result, you have found yourself considering divorce time and time again.

Now that you have decided that ending the marriage is the best course of action, you may have many concerns, particularly because your marriage involves a considerable amount of wealth. You may want to do your best to keep your divorce from involving an unnecessary amount of conflict and from diminishing that wealth. Therefore, you may find yourself wanting to broach the topic of divorce with your spouse in the best way possible.

When divorcing, businesses need valuating

The value of a business can play a major role in many aspects of the company. Knowing the value could prove important if someone wants to buy the company or when considering other possible business ventures and the potential impacts such moves could have overall. Of course, another situation in which this information proves vital is during divorce.

Whether you own the company, co-own with a spouse or have no direct dealings with your spouse's business, its value can impact the terms of your divorce settlement. Therefore, you will certainly want to make sure that you understand the importance of obtaining a business valuation.

Navigating the complexities of custody matters for unwed fathers

Sometimes California fathers find it necessary to fight for their rightful role in the lives of their children. Biological parents have certain rights, including the right to have an active and strong relationship with their kids. If the law does not currently recognize you as the legal father, fighting for your parental rights can be complicated. 

If you are a father who is not married to the mother of your children and you are dealing with concerns over paternity, your right to parenting time or other factors related to the well-being of your kids, it may be necessary to explore how to legally establish paternity. Fathers have rights, and it may be necessary to seek help as you fight to protect yours.

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  • “Kennedy helped me with my legal issue and was just amazing throughout the whole process. He was always available to explain everything to me and really put my mind at ease. I am not an easy person to work with and Kennedy really helped me calm down and guided me through my issue. I could not have obtained the result I did without Kennedy's expert assistance. His command of the law is truly impressive. —” Jeff
  • "Even though Kennedy looks like a 17 year old, he is impressive in his knowledge of law, his intuition of the case and his strategies for settlement. He seems equally capable and comfortable in the courtroom or at the settlement table. He helped me weigh the facts, consider the emotions and evaluate the cost of my case. He leans toward the collaborative style of divorce and I believe wants the best for his clients. In partnership with Cristin Lowe, they make an impressive team. — "William
  • “Kennedy also helped me relax as much as possible. The emotional cost in such cases is extremely high. Kennedy would help manage this and understood the struggle I faced. He acted with great professionalism and with compassion to help me work through the case...” Robert

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5700 Stoneridge Mall Road Suite 230 Pleasanton, CA 94588

The Koblin Family Law Center
5700 Stoneridge Mall Road, Suite 230
Pleasanton, CA 94588

Phone: 925-298-2961
Fax: 925-203-9797
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