In a community property state, community property is presumed to be jointly owned and as a result it is divided equally during a divorce. Maryland is an equitable distribution state so title doesn’t determine whether property is marital or not. Also marital property does not have to be distributed equally, only fairly and equitably. The […]
FAQs
How does a judge determine the amount and duration of alimony someone will receive?
The determination of the amount really depends upon what type of alimony, oftentimes called, “spousal support,” use those references synonymously – is looking at. There are two different phases that most courts will look at, certainly, in California, and that is temporary spousal support and long-term spousal support. Temporary spousal support is that which one […]
What advice would you give someone worried about getting their fair share during divorce?
Most people going through separation and divorce are concerned about getting their fair share. What advice would you give them?
What are the most common errors when dividing a pension during divorce?
In dividing pensions I think the first place to look is whether or not the recipient spouse is in pay status or not. If the recipient spouse is in pay status, in other words they’re already receiving their monthly or quarterly, or periodical benefit, however it’s paid. Then it’s just a function of figuring out […]
Hiring A Business Valuator — When Is It Necessary and Worthwhile?
It’s never required that the parties engage in a business valuator, the parties agree to valuations. Unfortunately those agreements are not as forthcoming or as frequent and forthcoming as we might like. There are ways of looking at business value without hiring and obtaining the opinion of a business valuator. Give you an example of […]
How can a spouse discover hidden assets?
Well, in the two states that I practice in, there is a duty of disclosure and the law has evolved over the years going back to the earlier chapters in my family law practice. You had to make an affirmative demand for information from the opposing spouse in a divorce or dissolution, in order to […]
How do you know if an asset is community or separate?
There are a number of presumptions that help us. Presumptions are a feature of law that if you prove underlying facts you get the benefit of presumed facts. In California and Nevada there are presumptions of title. If property is held and titled by a husband and wife as community property, it is presumed that […]
New Jersey High Net-Worth Divorce – Using Mediation Over Litigation
What are the advantages of mediation rather than litigation in New Jersey high net-worth divorce? Mediation usually is less expensive than litigation
Do attorneys give legal advice to mediation clients?
I do not give legal advice as a mediator because I am not an advocate for either of the parties. However, I can tell the parties generally what would happen in specific circumstances such as that a pension is subject to equitable distribution and I can also explain how the pension is divided. New Jersey […]
Regarding property division is there any advantage of moving from California to Nevada or vice versa before filing for divorce?
There certainly are differences in the legal systems between California and Nevada even though they are both community property states. And those differences may favour one spouse on one issue versus another spouse in another issue. I want to make clear that a spouse residing in either of those states is not in and of […]
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