Same-Sex Marital Partners face a number of issues, as many countries do not allow or do not recognize Same-Sex Marriage. Those countries who neither permit nor recognize Same Sex Marriage, often do not permit Same-Sex Marital Partners to use their court systems to obtain divorces either. However, the State of California has laws to facilitate…
When going through a divorce, it is important that you know how to properly identify your assets. When you enter a marriage, a partnership is formed and the partnership has the right to the earnings from the services of each partner. All property possessed by the parties to a marriage are presumed to be community…
The Silicon Valley is a very special community, which poses special problems with regards to divorce and property division. It has become a common practice for tech companies to offer compensation to employees through Restricted Stock Units (“RSUs”). An RSU is a way to compensate an employee through equity, but unlike stock options, RSUs do…
The “marital home” is the house you share with your current spouse and family. Who gets the house depends on whether the house is joint property or community property. In California, there is a presumption that property acquired during the marriage is “community property,” which means the property is owned by both spouses equally (unless…
Financial issues involved in a divorce, especially high net worth cases, can often become rather complicated. Unreported income and hidden assets are often alleged in divorce proceedings, usually by the spouse who is either not running a business or has not been in charge of the family finances. It is not uncommon for a spouse…
Many problems arise in the course of a dissolution of marriage from the characterization of gifts from parents and family members. Gifts to you only are not community property, but all property owned by marital partners is presumed to be community property. So if you are about to purchase a house, for example, and your…
Many divorcing couples often face the issues of dividing the home they purchased during their marriage, as the family home is frequently the largest asset of the marriage. Many parties decide to sell the home and divide the equity of the proceeds due to the economic constraints or the emotional ties associated with the house….
Some divorcing couples may want their divorce resolved as quickly as possible. In California, the legal minimum time requirement that a dissolution can be entered is six months from the date of service of the Petition to the entered judgment. However, oftentimes, complex financial matters or other contentious questions make the process much longer. Fortunately,…
There are jurisdictional issues you must be aware of when filing a divorce in California, especially here in Silicon Valley. The first thing to know before discussing international jurisdiction, is whether the courts here have personal and subject matter jurisdiction over the issues. When filing for divorce here in Silicon Valley, one of the parties…
