The Koblin Family Law Center

Pleasanton Family Law Blog

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.

A prenuptial agreement offers protection for your business

Your business is important to you for many reasons. You have probably invested a lot of yourself into its success. Like most California business owners, you have sacrificed personal time, energy and money into growing your company. Now that you are getting married, your dream may be to continue growing and to pass your vision to your future children. Hard as it may be to imagine at this joyous and optimistic time in your life, there is one thing that can shatter your dreams: divorce.

It is likely the last thing you want to think about, but as a business owner, you know the importance of assessing and dealing with potential risks. If your company continues successfully, a divorce court will likely consider that increase in value to be marital property, which you will divide with your spouse. Additionally, marital debt may complicate your divorce if your spouse's creditors see your business as an asset to claim. By not having a prenuptial agreement, you may place yourself and your employees in jeopardy.

Virtual visitation: When you can't be there in person

Dad Apart From Kids.jpeg

Any separation from your children after a divorce may be difficult on you and your children. You and your former spouse may have decided to co-parent, but that does not mean that you will get to see the children in person as often as you would like.

Fortunately, we live in a time when technology brings people closer together and makes the world seem smaller. Virtual visitation is becoming a real thing, and you may want to negotiate it into your parenting plan.

If your assets go up in value, you may appreciate a lawyer's help

Everyone hopes that the assets he or she possesses will increase in value over time. Whether it's real estate, art, collectables, a business venture or stock portfolio, everyone hopes to see a return on his or her investment. In this way, one can hope to increase one's net worth and enjoy the fruits of wise and/or fortunate acquisitions.

If you're going through a divorce, suddenly those increased values can become an incredibly important aspect of the proceedings. You may be wondering who will get to keep the assets and what role an increased value might play in determining the division of assets. Property division in California is an iceberg of which most people only see the tip. Here is a look that probes a little further below the surface.

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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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