A Complicated Divorce typically involves reserved stock units (RSUs), privately held companies, mental health issues or addiction, international assets, income or custody, or your case has been going on for an extraordinarily long time.
California is a community property state, meaning that both parties have an interest in the property that existed during the marriage. Determining community interest in any asset is a complicated process. If you own a small business, have unvested RSUs or stock options, have multiple properties, or simply need to determine the other party’s income, these issues can complicate a divorce. We have the experience and the depth of knowledge to identify potential problems and help you avoid them.
Divorce is the one event most people never plan for, and as it often comes as a surprise, most are caught unprepared further complicating an already challenging time. It represents a complete lifestyle change. You need to split assets, open or separate existing financial accounts, and alter your business should you have one. Life during divorce can definitely feel chaotic—but it doesn’t have to.
An experienced attorney can make all the difference. When your attorney is well versed in all the intricacies of family law and complex divorces, it makes the process much easier. If your spouse is contesting, you have a business together, stocks, children, or there are abuse or addiction problems, then you need our qualified team at Silva & Associates.
You deserve to be treated with professionalism and compassion. Divorce proceedings can be lengthy, so you want to work with someone who is working with you on a personal level, and not treating you like a number.
Our attorneys take you by the hand and help you get through your divorce without losing your sanity.
What does it mean that California is a community property state?
California is a community property state which means that any property attained or appreciated during the marriage is considered marital property. As a result, your assets or business, even if you had them before marriage, could be a property that each spouse has rights to.
How much and what percentage can be difficult to determine, but our experienced divorce attorneys will know exactly how to help ensure that your interests in the marital property are secured.
In California, if one spouse made more money and was the primary income earner for the household, they may be required by the court to continue to support their spouse for a specified period. There are many instances where this can be negotiated, but again, you need an experienced attorney if you think you could be ordered to pay spousal support.
Child Support lawyers
Just as if the children were living at home with both parents, it is both parents’ responsibility to provide for the children. The courts will determine precisely how much child support each parent must pay. This amount is usually determined based on income, and the amount of time the child or children spend with each parent.
It is crucial that you have the proper documentation and considerations when determining child support. If you are missing documents or have the wrong information, it may cost you a lot of money.
That’s where a good attorney is a priceless asset to your case. You may not know exactly what you need, but our lawyers will, and they should give you a list of documents that you need prior to your case.
Divorce Attorneys Dedicated to Helping Business Owners
Divorces involving jointly run businesses are extraordinarily complicated and not the sort of thing you want to try to hash out on your own. All divorces can be messy, no doubt, but when you have assets like businesses and stocks, it gets worse. Knowing how much of your business belongs to your spouse and how to split your stocks gets tricky.
We specialize in complicated divorces. We understand the particulars of family law and complicated cases, and it’s our business to protect your business and assets.
How long does it take to get a divorce in California?
The length of a divorce varies based on the individual complexities of the case. If you have children or a business, then it may take longer to come to an agreement; however, if both parties are amicable and can come to agreements that can significantly shorten the process.
Many marriages can be settled outside of court proceedings, through mediation. Mediation is a series of meetings with a neutral party who helps move the discussion of issues along. If you can agree to mediation, then you can settle your divorce without going to court.
In California, if you can’t agree to mediation, then your case will go to trial. Divorce trials allow each party to present their facts on the issues. In divorce court, your attorney will present your case and may cross-examine you or your spouse or other witnesses. After both sides present their case, the judge will consider each argument and will make a ruling.
In cases where certain issues are holding up the divorce, such as child custody or complex property division, the court may rule for a “bifurcation.” A bifurcation will allow the dissolution of marriage so that other parties can remarry, or file taxes as single. It will leave the complex issues to be decided upon at a later date.
The most complex issues are child custody and property division. Child support and child custody agreements are often the most highly contested items in a divorce case. These are important issues because they will stay with the child and primary caregiver throughout the child’s life unless there is a significant life change, such as a job or relocation event.
Business separation is equally important because many businesses can’t operate if they lose half of their worth. Also, a business separation changes tax status and filing, which can alter the net worth of the business as well. These issues are difficult to decide what should happen and what is fair for everyone involved.
Working with highly experienced divorce attorneys can help you expedite the process. It is vital to find a divorce attorney who has extensive knowledge in business separation and child custody cases.
Call us for a consult today
Call (510) 865-7350 to schedule a consult. Our Walnut Creek divorce lawyers specialize in complex divorce cases that include separating business, child custody, child support, spousal support, and property division. We offer a personal touch when working out clients because we know that divorce is a challenging time. Our goal is to ensure that you get what you’re entitled to in the fastest, most amicable way. Get in touch with our office today to get started.