Law Offices of John H. Tannenberg, A.P.C.
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San Diego Divorce Law Blog

Does divorce mean your business is done for?

Having a business and being married are two aspects of life that can bring joy and turmoil. In either situation, a chance exists that the endeavor will not work out. While you may not have obvious steps to take with your business to protect your marriage relationship in the event of a serious business issue, you can make efforts to protect your business in the event of divorce.

If you owned your business before tying the knot, you may have created a prenuptial agreement to protect your business should the marriage come to an end. Of course, if you started your business after you married or simply did not create a prenup, you are not out of luck.

Dividing debt: Another reason to stay out of court

As you start thinking about the issues you need to resolve with your future former spouse as you begin the divorce process, you may neglect to consider the debts you share until after you believe you resolved other issues. That could be a mistake since the debts you take on post-divorce have a significant impact on your financial future.

Because California is a community property state, the court may just divide all of your marital debts right down the middle -- regardless of who accumulated them. In order to avoid this eventuality, you may want to stay out of court. Negotiating a settlement outside the courtroom could give you a better chance of a more equitable resolution to your debt issues.

Types of child custody and what they mean for your family

When a California family goes through divorce, it can affect the youngest members of the family in various ways. Because of the potentially negative impact of the end of a marriage, many parents strive to develop parenting plans that allow for stability and security for the children. A strong plan likely involves allowing the children to have regular access to both parents. 

If your divorce proceedings are underway, you may have serious concerns about the well-being of your children. It is beneficial to consider the long-term impact of any choices you make, while not allowing temporary emotions to drive your decision-making. When considering joint custody or a shared parenting plan, it is useful to understand the types of custody and what they may mean for your kids and your role in their lives.

Are you motivated to keep your divorce out of the courtroom?

There are often enough emotional ups and downs associated with divorce. The last thing you may want is to spend the next few weeks or months of your life battling with your future former spouse in litigation. You may wonder whether you can keep your divorce out of a courtroom in order to avoid any further drama, expense and stress.

If you and your future ex share that same motivation, you may make use of an alternative method of resolving your issues: divorce mediation. Many other California couples in your position have successfully negotiated a settlement with which they were both satisfied through this method.

Family care plan is key to avoiding active duty custody problems

Like most California parents, your life may often be busy, making it a challenge to keep up with your daily tasks and duties, not to mention maintain active, healthy relationships with your kids. As a member of the U.S. military, you are definitely no stranger to personal sacrifice and probably encounter various challenges in trying to balance your career obligations with family life. If a divorce or non-marriage situation is creating custody problems, your family care plan may be your greatest asset to rectify the problem.

Single parents cannot enter the military; however, if you enlisted first and then became a single parent, that's another story. Whether your particular situation involves divorce or single parenthood, you no doubt want to find the swiftest, least stressful solution possible. Your children's best interests are of paramount importance, especially while you're deployed. Knowing how to protect your parental rights and where to turn for support if a problem arises while you're serving active duty can help you provide for your children during separation.

Divorcing in California? You'll want to read this

You may have several reasons for choosing California over the 49 other states in the nation as your primary residence location. Perhaps you're one of many who love the climate here, or you and your loved ones are surfing enthusiasts who enjoy the ocean waves along the West Coast. You might also be a rising entrepreneur and want to live where there's a lot of business action and chances for success are promising.

In any event, this state has certain laws that may greatly impact your life, especially if you happen to be getting divorced. California happens to be one of only nine states in the entire nation that continues to govern the property division aspect of the process under community property laws.

Do you think your spouse is hiding assets from you?

When you got married, you more than likely never anticipated a time when it would end. However, now that you face this situation, you want to be sure that you receive your fair share of the marital estate.

It may work to your advantage that California is a community property state. You and your spouse own all assets equally unless proved otherwise to the court. However, what happens when you can't find all of the marital assets because your spouse is attempting to hide them from you and the court?

Mediate your way to a strong post-divorce future

Divorce is a complicated and difficult process for both parties. It can be daunting to think about the possibility of walking through an arduous, stressful litigation process during an emotionally challenging time, but thankfully, that is not your only option. Mediation offers you a better way to divorce, providing you with more control over the outcome and a more peaceful way to reach a final settlement.

Avoiding litigation can be a positive step for your California family, but mediation is not the right choice in every situation. You may find it beneficial to explore how a mediated divorce can provide your family with the tools to build a strong post-divorce future.

Prior planning prevents poor performance, so how about a prenup?

When you think about your future and the plans you should be making for your welfare and those you love, you're probably thinking about wills, powers of attorney or retirement savings. However, if your plans include marriage, you may also wish to consider drafting a prenuptial agreement

Naturally, a divorce is not in your plans if you're getting married soon. No one plans on divorce; they plan on a life of love with that special someone. Unfortunately, that's not always how it works out, and a little planning now could spare a lot of headaches and frustration in the future.

Avoid these common high net worth divorce mistakes

Whether you planned your wedding for months or you simply chose a date, invited a few close family members and friends, and "tied the knot", you likely believed your marriage was going to last a lifetime. If it hasn't, and you're preparing for divorce, you'll want to beware of several common mistakes others have made. Especially if you have substantial assets subject to division, seeking clarification of property division laws in California and other matters before proceeding to court may be wise.

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