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Bay Area Family Law Blog

Get help to get through a complex divorce

Anytime you're in a wealthy marriage, you're going to have many assets, retirement funds, stocks and other factors to consider if you want to get a divorce. People in your situation are said to be in complex divorces.

Complex property division is a side effect of having money, assets and factors that influence the ease of your divorce. While a simple divorce may involve a wife and husband, a single home and a few vehicles, yours might include a business, multiple homes, rental properties, retirement funds and other important assets.

Is your business on the line because of your divorce?

As much as you planned and prepared to begin your California business, you want to take similar steps to protect it from divorce. If your business is on the table for asset division during your marriage breakup, not only will your hard work and livelihood be at risk, but your employees, partners and clients may have a great deal to lose. Safeguarding your business against the potential for your divorce is a critical part of being a successful business owner.

Whether you began your company before or after your marriage, it takes very little for the business to become fair game for your spouse during a divorce. Marital property is any asset you acquire during your marriage, which may include profits or appreciation of a business you began before you wed.

Work with the right team for protection during a divorce

In a high net worth divorce, there is as much to gain as there is to lose. It is impractical to think that you will not need the assistance of an attorney during this time. Your divorce is complicated and complex, and there are many laws that apply to it.

In California, for example, all marital assets are divided equally between spouses. If you do not have a prenuptial agreement or postnuptial agreement, this could mean that many of your assets are left to your spouse, even if they had no part in earning them.

Resolve parenting conflicts to help your child succeed

Sometimes, parents run into problems when raising their children. The most important thing is for them to be able to work together to resolve those problems, even if it means putting aside their own feelings toward one another.

When a child is going through a hard time, parents need to work toward a solution that they both can help with. Having one parent suggesting a solution and the other suggesting another could be confusing to a child. The differences in opinion could conflict as well, leading to the child having trouble knowing what is acceptable.

How can you start talking about a parenting plan?

Visitation schedules can be designed in a way that is beneficial to both parents and the child involved. While designing a parenting plan can be complicated at first, there are a few steps that can help you do so with few complications.

To start with, the first thing you and your former spouse need to do is to agree to sit down and talk through a schedule without animosity toward each other. You need to put your child first and be respectful. You should both write down when you are busy with work, the activities your child does and your current schedules.

Know your property rights when you go through divorce

It is important to understand, whether you're married or going through divorce, what is considered to be marital property. Marital property is property that you purchase or obtain during your marriage. It can also be property owned before marriage that is mixed into the marriage's assets.

For instance, if you have an inheritance, it's separate property. If you mix that money in with your normal shared bank account, it may become marital property.

What kinds of parenting are there?

Parents aren't always on the same page when it comes to deciding on the best way to raise their children. Sometimes, that in itself is enough to lead to divorce. One parent might be more "free range," allowing children to make more mistakes and have fewer rules. The other might be strict, requiring children to follow rules at home, to help with cleaning and to do their best at school.

When two parenting styles collide, there can be a large amount of animosity between parents and between parents and their children. Children who prefer a looser parenting style might lash out at harsher rules, just as those who do better with structure might act out when they're left to their own devices.

Deciding what to do with the house after divorce

Once you have made the decision to divorce, you have only begun. You still have many other decisions to make, and some may seem like impossible dilemmas. Among the first is figuring out where you will live and what you will do with the house.

This is not a decision to make based on emotions or sentiment. It is important to weigh every contingency and consider every option.

Approach your divorce with negotiations in mind

During a high-asset divorce, there are many assets at risk. If you're a wealthy couple, then you likely know that the divorce could impact you both negatively. California equal distribution laws make it so that you are meant to divide your assets 50-50. If that's not something either of you wants to do, then it's time to negotiate.

Most people would agree that getting half of everything is fair in some sense. However, if you have a business and run it from home, purchased all the major assets during the marriage and supported your spouse, giving up half may seem like it's completely unfair.

Missed visitation is harmful: 3 tips for talking to your ex

As a newly single parent, nothing is more daunting than thinking about your child suffering as a result of your ex-wife or ex-husband. You want your child to feel supported, but you know that the other parent is not as invested as they should be.

It can be hard to deal with parenting issues between yourself and an ex-spouse, but it is important that you talk them through to prevent your child from suffering the consequences. How can you address the issue of late visitation times or missed visitation days? Here are a few tips.