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In the US, individual states can allow for at-fault divorces or no fault divorce. The former requires the partner filing divorce to provide evidence of fault (such as abuse or infidelity), whereas no-fault divorce has no such requirements. 

California is a no-fault divorce state and has been since passing the Family Law Act of 1969, becoming the first state in the country to enact such a law (with many others following soon after). 

Why Would You Choose a No Fault Divorce?

Proponents of no fault divorce point out that removing the need to prove marital fault makes divorces more accessible and the process much faster. While not everyone may see this as a good thing, no one can argue that it isn’t helpful for those living in particularly bad marriages.

Under an at-fault divorce, you would need to claim irreconcilable differences and present proof to support it. Essentially, this places the blame on one person and the burden of proof on the other. Depending on the circumstance, evidence can be challenging to present, especially in instances of mental abuse. 

Merely wanting the marriage to end is enough to meet the no-fault divorce requirements, even if your partner doesn’t want to separate. If it’s what you want, you can begin the process whenever you like. 

What if You Want an At-Fault Divorce?

No matter how unfairly your partner has treated you, California divorce laws don’t allow for at-fault divorces. However, that doesn’t affect the likelihood of you getting your divorce. It also doesn’t mean that marital fault can’t play a role in the divorce proceedings.

Even in a no-fault divorce, marital fault can provide one party with certain entitlements, but only if they can prove their claims. For example, if your spouse abused you and you have a record supporting this, you are more likely to be given custody of your child or children. Likewise, if you have evidence that your partner misused any of your assets, you may be able to recoup them as part of the division of property.

Even though California doesn’t permit at-fault divorces, you should keep records of anything that you think may constitute marital fault (including those you may have committed) and go over them with your lawyer. It’s best to know what may come up as part of the process beforehand so that you can adequately prepare and set reasonable expectations.

The Impact of Fault

There are limited situations where judges will consider fault as part of no-fault divorce. When it comes to custody, courts will always do what they feel is best for the child’s wellbeing. Issues like desertion and abuse are likely to influence who will get custody and the agreement’s terms. 

Assets are somewhat more complicated. California treats property acquired during the marriage as being equally owned by both partners and orders as close to an equal division of property as possible in a divorce. One spouse can contest the division, but doing so slows down the process and doesn’t necessarily guarantee a change. 

If you didn’t establish a prenuptial agreement before pursuing a divorce, you’ve likely been commingling assets. Commingling means assets owned by two or more parties that have been mixed, making it difficult to establish who owns what. A basic example would be car payments. 

Say you owned a car before you were married and had been making payments. However, your spouse begins helping you make payments and, in exchange, is granted use of the car. They have invested in the car, and as a result, it becomes a commingled asset. 

Unless you kept records showing your investments and assets separate from your spouse’s, it could be tremendously difficult and tedious to sort these issues out, and ultimately it may boil down to a judge’s decision.

What Are the Requirements to Get Divorced in California?

While you don’t need a specific reason to get a no-fault divorce, the person filing for divorce must have been a California resident for at least six months beforehand. From there, the timetable can vary depending on the separation of assets and any complications related to the process. 

Get Help From a Family Law Attorney

Don’t tackle your divorce alone. The advice of a seasoned attorney can make all the difference, even in the case of no-fault divorces. If you’re looking for assistance in filing, let the Azemika & Azemika Law Firm help you through every step of the process. 

Our experienced attorneys work in several different aspects of Kern County family law, including alimony, child custody, and divorce. 

Our expertise can help you plan the best path forward so you can get started on your new life sooner rather than later. Reach out to us today and see how we work to help you. 

“I want a divorce.” These are the last words any husband wants to hear.

It’s inevitable. You’re getting a divorce lawyer, and you have to start considering how things will change (from your belongings to your life). You have to split the “estate,” from your shared belongings to money and other assets. 

But what about the kids? Who gets the kids and when? 

Unfortunately, according to the American Psychological Association, divorce happens to 40 to 50% of married couples in the United States. The divorce rate for future marriages is even higher. 

But only a small percentage of divorces go to court, usually due to a custody battle. 

For fathers, custody battles can be an incredibly challenging aspect of divorce, especially when considering what is best for the children. How do you know what your rights are as a father fighting for custody or visitation of your children? 

Navigating custody battles can be intimidating and a trying time for fathers, so knowing your rights and the facts will help you set any expectations for the process. 

Courts and the Law

Men aren’t legally at a disadvantage. According to California law, judges can’t make a decision regarding child custody and visitation based on gender. 

As long as both parents are fit, California courts will offer both parents an equitable chance at custody. 

Entitlement For Child Custody And Visitation

Plain and simple, entitlement doesn’t exist in the courts because judges can’t decide based on gender. 

This decision isn’t about what you want or think you deserve. The judge’s decision will be based on the best interest of the child. In most cases, the courts believe that the best situation is for the child to have both parents in the picture — known as frequent and continuing contact. 

Parenting Roles

What did your world look like before the divorce? What was your daily routine? What was your child’s? 

Considering what life was like before the divorce, the judge will decide with one goal in mind: not to disrupt the child’s life. Keeping everything as normal as possible and moving forward in the child’s best interest is the primary goal. 

The court will consider how time was used before the divorce (by both parents) and how responsibilities were divided. If you worked 60 hours a week before the divorce, do you plan to after the divorce is finalized? Will this leave a reasonable amount of time for parenting and quality time? 

Two Types of Custody

There are two lines of custody when it comes down to how the courts decide what is in the child’s best interest.

1. Legal Custody

Legal custody involves making decisions about the child regarding several things, including schooling, organizations, travel, health specialists, and extracurricular activities. 

2. Physical Custody

Physical custody refers to where the child is and when. This form of custody takes into account the child’s primary residence, visitation times, primary custody agreements, and more. 

Generally, physical custody results in the child spending more time with one parent than the other, even if a joint custody agreement is reached. It’s near impossible for time to be split exactly 50/50 in every situation. 

Four Types of Visitation 

Shared time is essential to any parent facing a divorce situation. Time with both parents is important to a balanced upbringing. California courts select one of four visitation types based on what is best for the child and other factors. 

1. Scheduled Visitation

Visitation on a schedule prevents any miscommunication or confusion regarding who sees the child and when. Specific dates and times will be agreed upon by the parents and the court. 

2. Reasonable Visitation

This open-ended form of visitation allows for the parents to agree on their own. This type of visitation requires solid co-parenting skills from each parent.  

3. Supervised Visitation

Supervised visitation requires that the visitation with one parent be monitored by the other parent or an agency professional. This type of visitation is typically used for the child’s safety and well-being when one parent is not deemed fit to be alone with the child. 

4. No Visitation

Suppose time with one parent would be physically or emotionally harmful to the child. In that case, the child’s best interest is for the parent not to contact them. 

Consult with an Attorney For Advice

When facing a custody battle, you need the best representation possible — a lawyer that knows the judge and court as well as one who can help you fight for your rights as a parent who wants what is best for their child. 

Azemika & Azemika Law in Bakersfield has helped families navigate divorce and child custody and visitation cases for more than 30 years, providing strong trust behind their legal guidance. 

For a family-oriented firm at an affordable cost, contact Azemika & Azemika Law today.

Divorces are complicated — there is a lot of paperwork, major life changes, and emotions that all combine to make things challenging for everyone involved.

It’s important to understand what your obligations are in California divorce proceedings. The declarations of disclosure are part of your duties.

The declarations serve to provide evidence that both parties have the same information with regards to the facts and liabilities surrounding liabilities and assets. These documents protect and preserve your community liabilities and assets starting on the date of your official separation.

Additionally, these documents also make sure that sufficient and fair spousal and child support are awarded, assets are divided fairly, and conflicts are resolved through disclosure and discovery.

We’re going to walk you through your duties in the disclosure of California divorce proceedings and what is required of you along the way through to your divorce being finalized.

What Are Your Disclosure Duties in California Divorce Proceedings?

From the date of your separation through to the finalizing of your divorce, you and your spouse have a financial duty to each other. You are both supposed to remain honest and act in the best interests of the other party.

This part can get complex, but said plainly, your specific duties include:

• Providing each other with complete and accurate disclosure of your liabilities and assets. This includes all earnings, expenses, and accumulations.
• You both must disclose any income-producing opportunity that arises after you are separated but that resulted from any investment made from the date of your marriage until your separation date.
• You must provide each other with an accurate and complete disclosure of any management or operation of a business that you have an interest in.

What is a Preliminary Declaration of Disclosure?

A preliminary declaration of disclosure must be served on the other party within 60 days of filing for divorce. It has to state that a person of “reasonable and ordinary intelligence” would be able to ascertain:

• The identity of the assets that you interest in and the liabilities that you may or may not be liable for.
• Your percentage ownership in each asset and percentage obligation for liability when you are the not sole owner of the property.

You provide that information through a document called a Schedule of Assets and Debts.

Additionally, you will also need to complete an Income and Expense Declaration and provide copies of your tax returns from the two years before the date of your preliminary declaration of disclosure.

Furthermore, you will certify that everything you have said is true to the best of your knowledge — under penalty of perjury — with a Declaration of Disclosure form.

What is a Final Declaration of Disclosure?

Your final declaration must include the following:

• All of the information and facts with regards to the characterization of your liabilities and assets.
• Any and all information and facts with regards to your assets and their valuation — in particular, assets that are community property or are contended to be community property.
• All information and facts pertaining to the amounts of your obligations — in particular, obligations that are contended or considered to be community property.
• All information and facts pertaining to your accumulations, earnings, and expenses that were provided in your Income and Expense Declaration.

You will provide this information using a Schedule of Assets and Debts. You will also need to provide any supporting documentation for any contentions in the Schedule of Assets and Debts. Additionally, you will also need to complete a supporting declaration that contains the required information.

Furthermore, you must provide a current and complete Income and Expense Declaration and again, you will testify under penalty of perjury that the information you provided was accurate by using the Declaration of Disclosure form.

When is the Final Declaration Due?

This final declaration and your Income and Expense Declaration are required to be served to the other party before or at the time you are ready to enter into an agreement regarding support or property issues. If your case goes to trial, then you have to provide your documents no later than 45 days before your trial date.

Are There Exceptions to Completing the Final Declaration?

There are three exceptions to disclosure requirements.

• If the other party accepts your default, or you accept theirs, then final declarations may be waived.
• Declarations may be waived if you both mutually agree to waive them — this must be done using a waiver, and again, this document is signed under penalty of perjury.
• Finally, if either party has sought a summary dissolution, the final declaration can be waived.

Let Us Help You Comply with Your Disclosure Requirements

You don’t want to be the party that fails to comply with your obligations regarding disclosure requirements. The other party can impose financial sanctions against you. The amount imposed will be sufficient to discourage this conduct — including reasonable attorney fees and costs.

For comprehensive legal counsel on your options during your divorce or legal separation, contact Azemika & Azemika, Kern County Divorce Attorneys. We will provide the guidance and representation you need to ensure your rights are protected.

One of the most common concerns for those faced with divorce is how their financial situation will be handled and affected by the separation. Among those queries is the issue of whether or not one is responsible for debts incurred by one’s spouse during the divorce.

And, most often, the answer is: It depends.

As a general rule of thumb, the state of California does not hold a person incumbent for any debts that their spouse has incurred after the separation. However, there are exceptions to this rule, which are dependent upon two factors: What the debt was for and when the debt was incurred.

In most divorce cases, a spouse’s debt can be determined to fall under one of the following three categories: Common necessaries of life, necessaries of life, and non-necessaries.

Common necessaries of life are described as essentialities, items, or services that are necessary for all people and families to sustain a fundamental standard of life. This includes items such as food, clothing, shelter, and basic healthcare.

Meanwhile, necessaries of life, though similar to common necessaries of life, are inclusive of necessities that are unique to a specific individual’s standard of living and age as well as other factors such as family, career-related, or locational circumstances. This includes items such as equipment or computers, which may not be required for all people to live, but are necessary for someone to sufficiently carry out their business 

Finally, non-necessaries are items or demands that do not fall under the first two categories and, for all intents and purposes, may be considered relative luxuries that are not required to sustain one’s life, business, or socioeconomic status.

As for when the debt was incurred, there are two crucial moments you must be mindful of during your divorce proceedings. The first is the time between the date of your separation and the date you enter your judgment of dissolution. The second is the time after you enter your judgment of dissolution.

Depending on multiple factors, you may be responsible for debt incurred by your spouse during the period between the date of your separation and the date you enter your judgment of dissolution if the debt was incurred to cover common necessaries or necessaries of life for your children. California Family Code section 2623(a) states:

Debts incurred by either spouse for the common necessaries of life of either spouse or the necessaries of life of the children of the marriage for whom support may be ordered, in the absence of a court order or written agreement for support or for the payment of these debts, shall be confirmed to either spouse according to the parties’ respective needs and abilities to pay at the time the debt was incurred.

To better understand this, let’s assume that, prior to the separation, you and your spouse enjoyed taking Pilates classes together just for leisure. After you begin your divorce filings, your spouse decides to go into debt to continue with their Pilates classes without consulting you or the court. In this case, even if your spouse insists that you pay for the classes, you are not responsible for any part of this debt, given that your spouse voluntarily chose to attend the classes despite it not being a common necessary of life or a necessary of life for them or your children.

On the other hand, let’s assume that, after the separation, your spouse lost their job and, with no savings or investments, they had to resort to loaned money to pay for food, clothing, rent, and essential utilities. If you are still employed and have a decent income, you are most likely responsible for the debt they have incurred in order to survive.

As for non-necessaries, the line seems to be fairly clear and self-explanatory. You are not responsible for the loan your spouse has taken out to purchase a new BMW or a cruise to the Bahamas.

Now, once the court has entered a judgment of dissolution, you are no longer responsible for any debts your spouse has incurred regardless of what it was for. The debt becomes the sole responsibility of the individual. California Family Code section 2624 states:

Debts incurred by either spouse after entry of a judgment of dissolution of marriage but before termination of the parties’ marital status or after entry of a judgment of legal separation of the parties shall be confirmed without offset to the spouse who incurred the debt.

Simply put, this means you are free at last from your spouse’s financial burdens.

Going through a divorce can be an extremely straining experience mentally, emotionally, and financially for all parties involved. After all, it is a process of terminating a social contract during which many confusing moments will inevitably arise. While you may always be able to find clear answers, being cognizant of your legal realities can help alleviate the pain and make the process a little less daunting and more manageable.

Furthermore, it’s important to always remember that you don’t have to go through this process alone: The Law Office of Azemika & Azemika is prepared and eager to aggressively advocate for your interests and bring you the peace of mind you and your family deserve. With a combined total of 56 years of experience handling and winning family law cases in Kern County, our attorneys will guide you through the tedious details surrounding division of property, commingling, and other contentious areas of California divorce law.

Contact us today and let us fight for you.

During a divorce or legal separation, there are many considerations to keep in mind, like child custody, property division, and alimony/spousal support – but what about your health insurance?

Many couples forget to take into account the ramifications of divorce on their health insurance. Learning how your health insurance is affected by California divorce laws will help you be better prepared, both while going through the process of divorce or legal separation and for steps you may need to take after your divorce or legal separation is finalized.

Can One Spouse Terminate The Other’s Health Insurance During Divorce Or Separation Proceedings?

In many marriages, one spouse is covered by a health insurance policy that the other spouse receives through his or her job. This coverage extends to both the spouse and children, and during a divorce, the spouse who relies on that health insurance risks gaps in their coverage.

However, when a California divorce case is filed, immediate Automatic Temporary Restraining Orders (ATROs) are issued. ATROs are provided for under Family Code section 2040(a)(3) and they affect both parties’ health insurance policies in their ability to cancel coverage and change the beneficiaries of that insurance policy. That means one spouse may not remove the other from the policy or alter coverage, especially if the policy is employment-related coverage. These restraining orders protect the spouse and any dependents from gaps in coverage until final judgment in the case is granted.

If I’m On My Spouse’s Health Insurance, What Happens To My Coverage After The Divorce Or Separation Is Final?

The ex-spouse is no longer considered a “family member” under California family law, which means you will lose dependent status under your spouse or partner’s health insurance and will no longer be eligible for coverage under that plan. This means you may suffer a gap in coverage. It’s possible, under Family Code §2051, to continue your existing health insurance after divorce if negotiated and agreed upon during divorce proceedings. Azemika & Azemika Law can help you navigate this process. 

Children, however, remain legal “family members” and are therefore unaffected by changes in health insurance coverage unless the spouse with the insurance policy loses all parental rights.

What Protections Or Options Are Available Once I’m No Longer A Dependent On My Spouse’s Health Insurance?

In some cases, the insured spouse may be ordered to make a payment to the uninsured spouse specifically for health insurance coverage. This is more common if the uninsured ex-spouse is the custodial parent of a minor(s).

For a limited period of time (usually 18 months), the uninsured spouse may retain health insurance coverage through COBRA, the Consolidated Omnibus Budget Reconciliation Act. COBRA requires health insurance plans to offer continuation coverage under specific circumstances that would otherwise result in termination or reduction of plan benefits. This can give you enough time to secure your own health insurance plan without suffering a coverage gap. Your spouse’s employer is not required to subsidize your insurance, but they can charge you 102 percent of the cost. This is obviously quite expensive, so it’s a good idea to shop around marketplaces like Covered California for equivalent individual coverage through another plan.

If you do choose COBRA coverage, you can stay on that plan for up to three years if your former spouse or partner continues to work at the company and certain other conditions are met.

Some state and federal laws offer additional protection of health insurance benefits. Azemika & Azemika Law can help you find the best option to protect yourself and your loved ones.

What Are My Responsibilities If I Have To Remove My Spouse From My Health Insurance Policy?

If your insurance policy will no longer provide your ex-spouse’s health insurance after divorce or separation, you are responsible for notifying the plan administrator within 60 days after the date of entry of judgment of your divorce or legal separation.

How Does Legal Separation In California Affect Health Insurance?

Some couples choose legal separation instead of dissolution of marriage in order to avoid one spouse losing health insurance coverage. However, most health insurance plans treat legal separation in California the same as dissolution of marriage, meaning that one partner is no longer considered the dependent of the other for the purposes of health insurance coverage.

If your partner has a government health insurance plan, you may be able to remain a dependent, but this must be confirmed with the plan. If you do find yourself facing a coverage gap, COBRA, as discussed above, is an option for continuing health insurance coverage after separation is finalized.

Azemika & Azemika Law Is Here To Help You

Azemika & Azemika Law specializes solely in California family law services. Over the past 22 years, our partners have successfully handled the most difficult and high asset family law cases in Kern County. Our Bakersfield divorce lawyers can help you navigate California divorce laws to protect your financial stability and your loved ones. Don’t let stress and uncertainty over your future health insurance coverage add to the already difficult emotional toll of this phase. Let Azemika & Azemika help you find customized solutions to every aspect of your divorce case, including how health insurance coverage is handled, and set you on a path to a better future. Contact us today online or by calling (661) 322-8166

When a couple decides to divorce or legally separate, there are many critical issues they must address. One such issue is the division of property and marital assets.

Determining who gets what is often one of the most stressful parts of a divorce. Because the division of marital property can be such a tense issue, understanding California divorce laws can help you be prepared and ensure your rights are protected.

Distinguishing Marital Property and Separate Property

To determine the division of property in a divorce, there are two types of property that must be established; marital property and separate property.

California is known as a “community property” state, meaning that all property, assets, and debts acquired during the marriage are considered marital property, and are subject to an equal division between spouses or domestic partners if they divorce or legally separate.

Separate property refers to any property one spouse owned before the marriage or acquired by gift or inheritance during the marriage. It belongs to the individual spouse and is not typically divided in a divorce.

Separate property also usually includes items purchased with or exchanged for separate property, earnings on separate property, and any increase in the value of separate property, as long as the owner can verify the claim with financial records.

California law also states that property spouses acquire before a divorce is finalized, but any property acquired after the date of separation is considered separate property.

To clarify, the date of separation is not necessarily the date one spouse moves out of the marital home. Rather, it is the date that one spouse decides to end the marriage and it requires some act of physical separation combined with other actions clearly showing that the spouse has decided to end the marriage.

The date of separation can be a big issue in cases where one spouse earns or spends a significant amount of money right before the divorce. If a couple is unable to agree on a date, a court will decide after considering all the evidence.

Changing Separate Property Into Marital Property

Marital property and separate property can change from one to the other through a process known as transmutation. There are several ways this can happen.

First, a couple can agree, before or during marriage, to change an asset that was originally separate property into marital property, or vice versa.  A simple change of the title for the property is not enough. These agreements must be in writing and must clearly state the intention of the parties.

It is also possible for a spouse to unintentionally convert a separate asset into a marital asset by “commingling” separate property and marital property together. For example, a premarital bank account belonging to one spouse can become marital property if the other spouse makes deposits into it or a house owned by one spouse alone can become marital property if both spouses pay mortgage or other expenses.

There are many types of assets that can be partially marital and partially separate including retirement accounts one spouse contributed to before and during the marriage, or a business one spouse started before marriage and continued running after marriage.

Distinguishing marital property from separate property can be rather complicated, especially in situations where there is a lot of commingling involved or one spouse owns a business. Couples who cannot decide what belongs to whom will have to let a court determine whether the commingled property should be considered marital or separate.

Determining Property Value

During the division of property in a divorce, the spouses will usually assign a monetary value to each item of property. If the spouses are unable to agree on an item the court will determine its value.

Naturally, some items are more challenging to value than others. You may need professional assistance to determine the value of antiques, artwork, or retirement accounts.

Division of Property in California

California divorce laws require that the net value of the marital assets be split equally between both spouses.

Spouses can divide assets by assigning specific items to each spouse, allowing one spouse to “buy out” the other’s share of an asset, or by selling assets and dividing the proceeds.

Divorcing couples can also agree to hold property together even after the divorce. This is most common with spouses who want to keep a family home until their children are out of school.

The spouses must also assign all debts accrued during the marriage including car loans, mortgages, and credit card debts to one of the spouses. You should be aware that a divorce or separation agreement is not binding to creditors. This means they may continue to collect any jointly owned debt from either spouse even after the marriage is over.

If the court assigns a debt to one spouse, the other can request the court to put a lien on that spouse’s separate property as security for the payment of the debt.

Contact Azemika & Azemika Law

If you are going through a divorce and are unsure how your assets will be divided, Azemika & Azemika is here to help.

For comprehensive legal counsel on your options during your divorce or legal separation, contact Azemika & Azemika, Kern County Divorce Attorneys. We will provide the guidance and representation you need to ensure your rights are protected.