2 - 2024 - Azemika & Azemika

The Dangers Of Hiring A Cheap Divorce Lawyer

March 11, 2024February 27, 2024 by wpadmin

You may be tempted to go for the cheapest option when stressed during your divorce, but a cheap divorce lawyer can cost you much more money in the long run. When it comes to your divorce, you want to ensure it is done right, with the paperwork properly done, to avoid any headaches later. The money spent upfront may seem worth it, but in the long run, there are many hidden costs when you decide to go the cheap route.

Why You Shouldn’t Hire A Cheap Divorce Lawyer

It’s important to know the possible risks when hiring an inexpensive divorce lawyer so you can steer clear, as tempting as it may be. We’ve gathered some important reasons you shouldn’t hire a cheap divorce lawyer so you can make an informed choice when finding a lawyer for your divorce.

Less Experienced

It’s important to consider why a cheap lawyer has such low prices. A family’s lawyer rate usually depends on their experience, skill, and reputation. With this in mind, a cheap divorce lawyer may be lacking in these areas, which is why they are so inexpensive. You’ll want more than just basic legal advice that can be found online, and an experienced family law lawyer will have more experience and understanding of the legal process. This can help you achieve better financial terms during your separation. Cutting corners isn’t worth it when it comes to decisions that significantly affect your case and for life afterward.

Can Take More Time to Finalize Your Divorce

Those searching for a cheap divorce attorney typically look for positive results as quickly as possible. Unfortunately, this isn’t the case and a cheap divorce lawyer may take longer than necessary to file divorce papers and possibly submit paperwork with errors. In the long run, this means missed deadlines, a drawn-out divorce, and higher legal fees.

Less Availability

A cheap divorce lawyer will often take on more clients to compensate for the lower rates they charge, meaning less face-to-face time with you and your case. They will likely be unavailable for questions you may have and be less involved in your case than a reputable lawyer would. Even the most simple of divorces can be complicated, and not being updated regularly can leave you in a difficult situation. While going through the stress of a divorce, the last thing you want is to be left in the dark.

Prone to More Mistakes

Experienced attorneys might charge more for their services upfront, but this is because they spend more time with their clients to avoid making little mistakes that a cheap divorce lawyer could easily overlook. Simple mistakes can slip through the cracks, causing your case to be dismissed and having to start all over again. You can have peace of mind when hiring a more experienced attorney, knowing there will be little to no complications or unexpected expenses.

No Paralegals or Associate Attorneys Aid

An experienced divorce lawyer rarely works alone and usually has a team of professionals behind them, allowing them to strategically assign portions of the casework to one of their associates at a lower hourly rate. This allows the client to have the advantage of a lower rate but with the guidance of an experienced attorney. Inexpensive lawyers tend to work alone and don’t have the support of paralegals, assistants, or associate lawyers to catch their mistakes or help with important tasks during the divorce filing.

Experienced Divorce Lawyers In Kern County

Cheap doesn’t only mean a lawyer has a lower hourly rate. It also can indicate the overall value of your case. Considering divorce is such a serious and permanent procedure, you shouldn’t take it lightly so it doesn’t have a negative effect on other areas of your life. An experienced divorce attorney is well-versed in all aspects of the law and will be able to lend you the best advice and representation. They don’t cut corners and do their due diligence to make sure there are no loopholes in alimony, child support, or when dividing property.

In the long run, a cheap divorce attorney proves to be the more expensive option. You want an experienced divorce lawyer who is efficient, detailed, and understanding of the law to help you quickly and effectively file your divorce. At Azemika & Azemika, we are here for you during your divorce. Our practice has been devoted to family law for 28 years. We efficiently handle cases involving divorce, dissolutions of partnerships, child custody and visitations, abandonment, and adoptions. Serving all of Kern County, we want you to have the opportunity to make informed decisions from the best position possible for you and your family’s future. Contact us today.

California Divorce And Business: What You Need To Know

March 11, 2024February 16, 2024 by wpadmin

Divorces tend to be complex when it comes to dividing assets. After working hard and building up your business, it is understandable to be concerned about the fate of your business after the divorce. You’ll likely want to hold on to certain assets and maintain ownership of your business, so understanding what California divorce and business looks like can help you make important decisions for a desired outcome.

The Difference Between Separate and Community Property

California is a community property state, meaning if your business has become commingled or purchased during your marriage, it can be subject to being divided in half during your divorce. Considering the impact they have on what is divided during the divorce, it’s vital to understand the classifications of both separate and community property.

Separate Property

Any assets or belongings owned by one spouse before marriage or gifts given to one spouse is considered separate property. Separate property is safe from division, as the courts do not have any jurisdiction to give one party’s separate property to the other party.

Community Property

Community property, or marital property, is when you:

Started or acquired the business during your marriage
Started or inherited the business before your marriage but made commingled property by contributing to the business using marital funds
Started the business before your marriage, but your spouse became the business manager

Dividing a Business During a California Divorce

In California, business assets that are community property are treated the same as personal assets during a divorce. Even if you started or owned the business before you were married, or more involved than your spouse was day-to-day, a judge will split ownership 50/50 if the court views the business as community property.

This changes if you started the business before you got together and never commingled the business with your spouse. If you never put your spouse’s name on any business documents or named them as co-owners, it is viewed as separate property. This may be able to protect your business from being divided with your spouse, but you still may owe your ex the increase in value of your business that happened while you were married.

Valuation of the Business

You’ll need to value your business if it has been considered marital property. Getting an accurate valuation is important to ensure a fair division of all assets. There are a few different factors that add value to your business:

Any fixed assets, ie. furniture or equipment
Debts or liabilities
Current and future profitability
Market value
Intangible assets, ie. financial statements or accounts receivable
Goodwill

Options for Handling a Family Business

There are a few options when handling a family business when going through a divorce.

Buyout

Spouses may negotiate a fair price and determine the term of payment if they decide to buy out the other spouse’s interest in the business. They may decide to pay in one lump sum or agree on installment payments.

Co-Ownership

Some spouses may be able to co-own and operate the business after a divorce. With this agreement, clear and consistent communication and cooperation are necessary. An explicit agreement on management responsibilities, decision-making, and profit sharing should be made.

Sell the Business

If it is impractical to keep the business, or both spouses decide they do not want to continue it, selling it and dividing the proceeds can be the best option. It’ll take a skilled family law attorney in order to navigate the sale of the business and to ensure a fair distribution of the sale.

How to Protect Your Business in a Divorce in California

Create a Prenup or Postnuptial Agreement: If you have already created a prenup or postnuptial agreement, you can go over how the assets will be divided when going through the divorce. While a prenup may be challenged in some scenarios, you can protect your business from being divided if you choose this type of agreement.
Use Alternative Dispute Resolutions: You can handle the division through an alternative dispute resolution like mediation. When you settle the matter outside of court, you’ll find you have more autonomy over what happens when negotiating with the other party.
Find Quality Insurance: When you invest in quality insurance, you may take advantage of their programs that allow you to accumulate cash value over time. This allows you to liquidate the funds later in order to buy out your partner.
Create a Trust: You are no longer considered an owner when your business is placed in a trust. The business is protected from being considered a marital asset because the trust technically owns the business.
Avoid Commingling Assets: Make sure you avoid commingling your business. Keep funds separate, and limit your spouse’s contributions and involvement in the business.

Talk to a Divorce Attorney in Kern County, CA

It is difficult to go through a divorce as is but is especially stressful when you have a business or other important assets you’d like to protect. At Azemika & Azemika, we are here to help you protect those assets. Our practice has been devoted to family law for 28 years. We efficiently handle cases involving divorce, dissolutions of partnerships, child custody and visitations, abandonment, and adoptions. Serving all of Kern County, we want you to have the opportunity to make informed decisions from the best position possible for you and your family’s future. Contact us today.

Understanding Remarriage And Alimony In California

February 22, 2024February 8, 2024 by wpadmin

Some of the more common questions asked when going through a divorce are: who is receiving or paying alimony, and what happens to that alimony when the recipient remarries? Or how does cohabitation without being remarried work? While the answers are somewhat simple, there are some nuances to consider.

This article gives an overview of alimony in California and how remarriage or cohabitation can affect any alimony obligations. For more detailed information or specific advice, you can seek support from an experienced family lawyer in California to answer all your questions and guide you through the process.

Alimony in California

In California, spousal support, also known as alimony, is usually a monthly payment that one spouse pays the other to help the lesser-earning or unemployed spouse maintain a living while gaining skills or education necessary to support themselves on their own. These payments can be short-term, long-term, or made in one lump sum, but the amount and terms can be negotiated and agreed upon between the two spouses or ordered by the court.

Many couples include a provision in their marital settlement agreement or prenuptial agreement that details a specific date and year when the spousal support payments will end. If the parties fail to set up a particular termination date, the end of alimony payments will be determined by state law. If the marital settlement agreement and divorce order are not clearly stated, the parties must rely on California law.

How Does Remarriage Impact Alimony?

California Family Code Section 4337 states that spousal support is automatically terminated when the spouse who receives the alimony is remarried. This provision exists to streamline the transition and removes the need for a court hearing or an additional legal process to end alimony. Remarriage does not end the support if there is a past-due balance, vested lump-sum alimony payments, or property transfers. The ex-spouse receiving support is responsible for notifying the other about their remarriage. Not doing so can result in an order by the court to refund any excess alimony payments.

This regulation does not affect temporary support being awarded during separation. The law also does not apply where the two spouses’ agreement says no different. For instance, within a divorce settlement, both parties have agreed to continue paying alimony payments even if the recipient remarries. This agreement must be explicitly stated in the settlement to be effective.

Alimony When Cohabitating Without Remarrying

Under California Family Code Section 4323, cohabitation with a non-marital partner can be perceived by the court as a change in circumstances, which could lead to alimony being reduced or terminated. Unless the supported spouse can prove they still need alimony payments while living with someone else, the court can presume that the reduction or termination is appropriate. It is important to note that cohabitation is more than just a roommate situation; it usually requires a personal, romantic relationship, but the court may still find the need for support to modify alimony even with just a roommate if it affects the supported spouse’s new financial circumstances. The cohabitant’s income will not be considered at a hearing regarding cohabitation, but any new financial circumstance of the ex-spouse receiving support will be considered.

Modifications or Termination of Alimony

Suppose a supported spouse is simply living with someone new or has an increase in income. In that case, the paying spouse must file a motion to modify support and request a court order to lower or end alimony payments altogether. If you can, ask your ex-spouse to agree to lower or end alimony in their new circumstances. Still, if they disagree, you can file a motion to modify or terminate the alimony with the same court that granted your divorce.

You’ll need to show how the circumstances have changed and how it warrants the modification or termination:

Proof of their increase in income
Significantly lowered needs
Living with another person in a romantic relationship
Statements from family or friends about the cohabitation
Evidence of the ex-spouse’s new address
Communication from the ex-spouse about their cohabitation

Kern County Family Law By Your Side

If you are looking to consult with an experienced family law attorney about remarriage and alimony, Azemika Law is here for you, with our practice devoted to family law for 28 years. We efficiently handle cases involving divorce, dissolutions of partnerships, child custody and visitations, abandonment, and adoptions. Serving all of Kern County, we want you to have the opportunity to make informed decisions from the best position possible for your future.