Category: Legal

I often from clients about the vindictive ex spouse who threatens to hide property or “show” the judge my client’s “loose moral nature.” Or that they will “fight to the end” or “make sure you get nothing” or “not see the kids at all.” Threats like this from an angry or abusive spouse are scary and can make some clients wonder if they should give in, however California law being a community property state (This means that everything acquired during a marriage, from wages to property, will be considered community property and will be divided equally between you and your spouse. However, any property acquired as a gift or that was part of an inheritance will be considered separate.) and one that uses the “best interests of the child” standard often protects the spouses from these kind of empty threats. The California courts will always have the children’s best interests in mind, and that means they would like both parents to see their children on a frequent and continuing basis

Divorce is an emotional process where partners often try to find ways to make deep emotional cuts that can scar, however threats about money and kids are often just that as they are not in the purview of the individual. One of the main reasons, getting representation becomes important when there is a party that threatens to hurt the other financially or cut off interaction with their children for vindictive purposes.

It is always wise to get an initial consultation just one can get clarity on their rights.

It is far too often I hear from estranged spouses who speak of partners who have taken back birthday gift, wedding rings or anything during their marriage because they are hurt and/or angry.When you get married, you agree to share more than your feelings and the bathroom — you also share property with your spouse.  California law defines community property as any asset acquired or income earned by a married person while living with a spouse. Separate property is defined as anything acquired by a spouse before the marriage, during the marriage by gift, devise, or bequest, and after the parties separate

Separate property belongs only to one spouse.  The most common forms of separate property are:

• property one spouse owned before the marriage
• gifts received by one spouse before or during the marriage

The gift or inheritance is likely to be separate property if the following are true:

1. One spouse was the intended heir or gift recipient

Property acquired during marriage by gift, will, or inheritance is separate property. (Section 21 of the California Constitution, California Family Code Section 752)

Except as otherwise provided by law, neither spouse has any interest in the separate property of the other. (California Family Code Section 770)

2. The gift or inheritance was not commingled

If separate and community property are commingled in such a manner that “the respective contributions cannot be traced and identified, the entire fund or property—including property acquired in exchange therefor—will be treated as community property. (California Family Code Section 760)

Making the decision to separate from your partner is a personal decision that many often struggle with before going forward. However,  I also have gotten potential clients who call seeking dissolution because they had a “huge fight” with their partner. I always caution others that matters like this cannot be done in heat of the moment.

Few months ago, someone filed then reconciled with their partner. Although I was glad to hear it, I wondered if they should have gone through that process before spending thousands of dollars and changing their mind. This is not to suggest that people don’t change their mind, but making an emotional decision while still in the throes of an argument or hurt means that once things calm down, they may regret their decision.  Making the decision to end a marriage based on irreconcilable differences is one only a couple knows about, yet it is truly a better way than to be faced with regret about starting a process that wastes time and money if one changes their decision.