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March 2018 Archives

Child custody: Drafting the perfect parenting plan needs guidance

The dynamics of every family are unique, especially when there are children. If you are in the throes of divorce in Orange County, California, you might be overwhelmed by the desire to do what is best for the children when negotiating child custody issues; however, you may be unsure how to achieve that. This is where the skills of a Board-Certified Family Law Specialist like Hollie A. Lemkin come in.

What factors determine spousal support in California?

In California, it is often more complicated and difficult to achieve divorce than in other states. In part, this owes to our relatively uncommon use of community property guidelines, but we also maintain separate statutes that determine other aspects of divorce related to property division, like spousal support.

Is a PI, GPS, camera and recorders part of your divorce strategy?

Many marriages end as the result of trust issues, and some spouses will go to the end of the earth to prove infidelity or other unacceptable behavior. However, divorce courts have moved away from considering fault. Nevertheless, some circumstances might justify private investigators or other surveillance methods.

Can you save your business from your divorce?

In California, we are subject to community property division, which can make divorce even more complicated than it already is, necessitating very careful divisions of assets. Under community property guidelines, divorcing spouses must divide property equally rather than equitably, which does not give either spouse as much flexibility to give and take during divorce negotiations.

What happens to a 401(k) plan in a California divorce?

When a marriage ends in a community property state such as California, marital assets will be subject to an equal split. One of those assets might be a 401(k) plan -- at least the contributions that were made to it during the marriage. Any funds that were added to the plan before the marriage will not be eligible for distribution in a divorce because they would be separate property that belongs to the contributor.

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