Blog
Dominion Law Group, LLP

CALL TODAY FOR A FREE CONSULTATION

408-288-5592

1042 West Hedding Street, Suite 200, San Jose, CA 95126
Recent blog posts

Posted on in Divorce

CA divorce lawyerIs there such a thing as divorce fever? One recent study says yes.

If one or more couples in your friend group or extended family are getting a divorce, researchers say that you could soon follow suit. According to this research, divorces tend to happen near the same time in social groups.

The study reports that a married person is 75 percent more likely to end his or her marriage if that person has a friend who is divorced. Even if your social circle has no divorces, your risk of divorce could be elevated. The study found that if a friend of a friend is divorced, your risk of divorce goes up by 33 percent.

...

CA divorce lawyerIf you are married and live in California, certain assets and debts belonging to you and your spouse form community property. In a divorce, dividing community property is a principal task.

It is also a task that may seem straightforward, but in reality, there are many things that can complicate the process. Using an attorney, and possibly also a financial professional, is advised to avoid these and other common issues:

  1. Failure to understand community property. States either use a community property regime or an equitable distribution regime. California, as noted, is a community property state. That means that assets acquired during the marriage are typically going to split equally. Other states utilize equitable distribution, which classifies additional assets as marital property but this property does not have to be divided evenly.
  2. Hanging on to the house. Typically, the mortgage for the marital home was secured by using the financial records of both spouses. When one spouse leaves the home and the other stays in it, it often becomes financially impossible for one person to handle all the expenses related to the house. In these cases, the home ends up being sold after a lot of stress and financial sacrifice. It may be that planning on selling the home from the beginning will make the process easier.
  3. Having a simplistic understanding of asset liquidity. If the community contains a stock portfolio, for example, it seems like common sense to divide the portfolio evenly or to attribute the value of the portfolio to the amount on account balance statements. This is a mistake. When dividing certain assets, you should be mindful of the liquidity, taxability, and income and growth potential. Retirement accounts also must be split in a specific, technical manner.
  4. Ignoring debt repayment. Debt such as student loans taken out before the marriage would be separate property not subject to division. It may be possible that payments the other spouse made on this debt can be reclaimed.

Contact a San Jose, CA Property Division Attorney

...

CA divorce lawyerA recent study indicates that the financial key for a divorced woman’s retirement is leaving the marriage with ownership of a house.

The study, conducted by Center for Retirement Research at Boston College, found that divorced women are better off — in terms of the assets they have amassed — than single, never-married women. This is thought to be because divorced women are more likely to own a home than never-married women.

Thus, divorcing women may want to give special consideration before agreeing to move out of the marital home as part of a divorce settlement or agreement.

...

CA divorce lawyerOne of the things people want in a divorce is finality. They do not want to go back in front of a judge or sit down at the negotiating table years or months after being officially divorced.

This desire is one reason that hiring an attorney is critical. When you are hiring an attorney, you are hiring someone who will foresee issues that your or your ex cannot.

One area that could disrupt the finality of your divorce is how college expenses of children of the marriage are to be paid. This is an area that might bring the parties back into court or could cause conflict between exes.

...

Posted on in Divorce

CA divorce lawyerGoing through a divorce can be an overwhelming process. There are many considerations and many steps that must be taken. Most laypeople are unfamiliar with what the law requires.

The legal aspect combined with the emotional toll a divorce can take often leaves those seeking a divorce feeling helpless or confused. Perhaps the single, most effective step you can take in your divorce is hiring a trustworthy, competent family law attorney, who can advise you on what steps you need to take.

Here are four other ways you can ease the burden of divorce.

...
Over 25 Years of Experience Alliance Defending Freedom The State Bar of California Santa Clara County Bar Association
Back to Top