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Filing for Bankruptcy in a California Divorce


If you are considering declaring bankruptcy during your California divorce, you really should consult an expert, preferably one in bankruptcy and one in family law. Filing for bankruptcy has a “ripple effect” in other courts in that there is an automatic stay of litigation until the bankruptcy case is adjudicated. This can have ramifications in…

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California Divorce and Omitted Assets


A common question I get from people is what happens if we forget to list a community property asset? Well, assuming the asset was never listed on the declarations of disclosure and never found its way into the judgment, the court should have jurisdiction to divide the asset. Family code section 2556 gives the court…

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Divorce and the Marital Home in Orange County California


One of the most troublesome issues in an Orange County divorce is what to do with the marital home.  For many divorcing couples the family residence represents the family’s life savings in the form of equity built up in the house.  Depending on the parties’ goals, there are many options to disposing of the community’s…

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Dividing a Business in an Orange County California Divorce


How to divide a family business can be one of the most complex property issues in a California divorce.  The business represents not only the livelihood of one or both parties, but often is a significant asset of the marriage. Who Should Get the Business? Usually, the party who actually runs the business is awarded…

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Orange County California Prenuptial Agreements


With the high rate of divorce in California and other states, some people look for ways to deal with the unwelcome but highly likely possibility that their marriage will end in a divorce.  A prenuptial agreement is usually the legal vehicle of choice for most couples.  Through a premarital agreement, future spouses contract with each…

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Fiduciary Duties During Divorce


Married people, just like business partners, are supposed to treat each other with the utmost of good faith and fair dealing. Just as a business person should not be engaged in self-dealing at the expense of his or her partner, a spouse should likewise not steal from the community or imprudently manage community assets. In…

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Is Inheritance Community Property or Separate Property


In their Orange County divorce, many people wonder whether the money or property they inherited will have to be given to their spouse in the divorce.  Generally, inheritance is considered the separate property of the person who inherited it.  Family Code section 770 (a)(2) includes as separate property of a married person, “all property acquired…

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