Divorce

People often think that divorce ends in drama and anger, but sometimes there are couples who can handle their separation with grace. In an uncontested divorce there isn’t much fighting for what belongs to whom and both spouses agree on the issues in relation to their divorce.

It is often thought that because you are able to process your divorce with no issues, you may not need a divorce lawyer. But even with the most amicable dissolution of a marriage, there are many factors involved in the divorce process that can be overlooked without the insight of a lawyer.

Why Would I Need a Lawyer for an Uncontested Divorce?

Regardless of how both spouses feel about the divorce, you can face financial or child custody issues later if you are not familiar with the legal system and complex divorce laws. Luckily an uncontested divorce is easier to maneuver through than a traditional divorce. There are still legal factors to consider when you qualify for an uncontested divorce, but there is generally less negotiations, court hearings, and going back and forth with paperwork.

Requirements for an Uncontested Divorce in California

To have an uncontested divorce in California, there is specific criteria to be met:

• One spouse must have lived in California for the previous six months, and the three pervious months in the county where the divorce is being filed
• Both spouses must be willing and able to sign all necessary paperwork
• Both spouses must agree on all the issues in settlement, like division of property, spousal and child support, and custody

DIY divorces might seem appealing, but those who choose the quick and easy route end up spending more time and money when attempting to fix what they caused by trying to do things themselves.

Let’s look at a few reasons why you need a lawyer for an uncontested divorce.

Expertise and Knowledge of the Law

With years of experience, a lawyer has handled all sorts of divorce cases, and knows the necessary legal documents and court process. Without proper information you can wind up paying more or receiving less for child support or alimony. There may be questions you have when attempting to do your own divorce, and with no legal counsel you may file paperwork incorrectly and prevent you from moving forward.

Divorce lawyers are able to take guesswork out of the process and stay up to date with the case as it progresses. Even when both parties agree on all matters surrounding the divorce, a divorce attorney can quickly and efficiently complete all forms and documents necessary while keeping you on track throughout the process.

To make sure your agreement is accepted, there is often specific language needed in the order for the judge to approve the settlement you are requesting. Those who decide to represent themselves often end up with an unnecessary longer process than those who use an uncontested divorce attorney.

Protect Your Rights and Properly Divide Assets

Unfortunately there are some people who sign divorce papers without consulting a lawyer and find themselves losing out on property settlements, alimony claims, and having to carry additional unforeseen debts.

A divorce may start out peaceful, but once money, property, and child custody matters come into play, emotions may flare and tension is created. While it may sound like a good idea to quickly get your divorce over with, there is the possibility of being taken advantage of in this situation. A divorce lawyer can properly make suggestions, protect your rights and help create a fair settlement that works for all parties involved.

With California being one of a few states that follow community property laws, the courts will divide your property and debts equally during a divorce case. With an uncontested divorce, you are able to decide on property division without having the courts involved. A lawyer will be able to review your property division agreement, and offer the best course of action to keep things fair and even.

Dedicated to Your Individual Case

Even the most straightforward divorces pose their own challenges, and while separating your life is hard, having to handle a divorce case on your own can bring on more stress. A trusted divorce lawyer will take your case and work tirelessly on it, giving you time to cope, have confidence in your case, and offer peace of mind that your divorce is being done correctly and documented properly.

Protect Your Interests with Azemika Law

At Azemika Law, we have been devoted to family law for 28 years. Our lawyers are here to represent you through your divorce and provide an easy and peaceful transition into your new life. We handle all types of cases involving divorce, dissolutions of partnerships, child custody, abandonment, and adoptions. Serving all of Kern County, we look forward to assisting you when you need it the most.
We’re here to help. Contact us today for a consultation and find the right divorce attorney for you.

With so much access to information online, it seems easy enough to file a divorce and represent yourself in court. While online DIY might work for learning a hobby, handling your own legal matters can end in serious consequences.

Regardless if a couple is in agreement over everything or completely the opposite, the divorce process can be complicated and by failing to adhere to court procedures you can risk your property and custody rights.

Is a Lawyer Required for a Divorce?

It is not legally required for you to have a lawyer when filing for divorce, but depending on certain factors like property ownership or child custody, it may be in your best interest to hire an attorney to aid in the process. An attorney will have experience and knowledge of the law to help better your position and are well versed with court proceedings to help your divorce be successful and peaceful.

DIY Divorce Dangers

When filing for divorce, it’s understandable that most want the process over with as quickly as possible. Forgoing the help of an attorney sounds like it could help you save time or money, but you can end up doing the opposite and put yourself in a worse position.

Financial Risks

When hastily agreeing to divorce terms in order to speed up the process, one might wind up choosing things that are not in their best interest. It’s crucial to not make any mistakes when it comes to important court documents, and not following the correct procedures can result in significant or unfair financial losses, a longer drawn out battle in court, and having to re-file everything with the help of an attorney later.

Issues to be dealt with during a divorce include shared property or debts, bank accounts, investments, retirement accounts, and spousal support or alimony.

Child Custody and Support Risks

Without the help of an attorney, even if you do see eye to eye with your former spouse, you can be at risk of court orders that you don’t agree with. You can have previous agreements or be on the same page regarding important matters, but emotions and opinions can alter when it comes to actually filing your paperwork.

There are different child support and custody issues like equitable time with each parent, childcare expenses, educational or extracurricular necessities, special or medical needs of the child or the parent, where the children and parents will both live, and how work schedules can impact visitations. When you work with a lawyer, you can successfully come up with a plan that outlines custody, visitations, and other support agreements that will work for everyone involved.

Lack of Advice and Knowledge

Handling your own divorce means you may miss out on vital advice from someone who has legal authority and understands divorce cases thoroughly. Every divorce has different situations, and experienced divorce attorneys will be able to tackle anything from property distribution to child support with past experience and understanding of the law in your state. Missing deadlines, failing to agree about certain items, incorrectly filling out forms, or not providing the required documents can end up impacting your divorce and create more issues for you.

Additional Stress

It can offer you some peace of mind while you’re already going through such a difficult situation to have a trusted attorney working on your case. When treading in unfamiliar territory while already in a heightened emotional or stressed state, you are much more prone to accidents that could have been avoided if your case was in the hands of a lawyer.

Hidden Assets and Dissipation of Assets

In California, it is required by law that all income earned and debts acquired during the marriage is to be split 50/50 regardless of how it was earned, who earned it, or whether one spouse had much greater earnings during the marriage than the other.

When a marriage is ended with bitterness and resentment, it is often that a spouse believes they are entitled to more of the marital income and property than the ex spouse, leading them to attempt hiding assets or income from the court.

A lawyer has the resources to help you investigate hidden assets and understand how to use the law for a better advantage and hold your ex spouse accountable if this happens.

Protect Yourself in Divorce with the Right Lawyer

Finding a lawyer when going through such a difficult process can feel intimidating. At Azemika Law, we’re here to represent you with our practice that has been devoted to family law for 28 years. We handle all types of cases involving divorce, dissolutions of partnerships, child custody, abandonment, and adoptions.

Serving all of Kern County, we are here to help you make informed decisions to provide an easier transition and successful outcome with your divorce case. 
Don’t take the risk with a DIY divorce, contact us to find the right experienced lawyer for you to make sure you feel confident and supported throughout your divorce process.

It’s a challenging and difficult task to make any large decision that changes your life, especially when it comes to ending a marriage with someone you grew in a different direction from. You’re faced with plenty of new challenges, from dealing with child support, alimony, to division of property and assets, and navigating this alone can be difficult and confusing. An experienced California divorce attorney can be your guide through your marriage dissolution process, providing financial security for the future and ensuring that your rights are protected.

Reasons to Hire a Divorce Attorney

Going through a divorce is stressful enough socially and emotionally, but financially and legally there’s things you might not be aware of. There are a few reasons hiring a divorce attorney may be helpful in navigating through your divorce:

An experienced divorce attorney understands the law

There are a lot of small details that are easily overlooked by someone who is not familiar with the complex laws that are in place. A divorce attorney will offer legal expertise, and have experience working with other cases. There is language used within court orders that have specific meanings, and having someone who is familiar with terms used in court allows them to apply their knowledge to your situation specifically. When your children are involved, you’re faced with the intricacies of child custody and support. Having an attorney help you go through arrangements that might work better for your family is extremely helpful, and makes sure your custody arrangement doesn’t skip any important details.

Your attorney will also know exactly how to navigate through all the seemingly endless paperwork, eliminating unneccesary stress and potential errors. From knowing what to sign, when it’s due, where to send it all, an attorney can direct you thoroughly and keep up with you throughout your case, ensuring success in your divorce terms.

Having someone on your side

Some individuals are understandably emotional through the process of the divorce, so having a third-party can be helpful when making important decisions handling your assets. As you adjust to new everyday changes, as well as dealing with friends, work, or family through this process, it’s not uncommon to feel alone during this time. A divorce lawyer can offer unbiased insight, give you the support you need, and help you through making decisions for the future of your life, as well as your children’s.

Having someone who can handle the arguments for your case also is helpful, as they’ll be able to share your complaints, thoughts, and confirm your beliefs. In case you have to appear in court, your attorney also will be helpful in coaching your responses.

Someone to communicate with your spouse

Whether or not your separation is amicable, it still can be daunting and emotional to go through the details of your divorce with them. By hiring an attorney, you’re able to use them as a third-party mediator, and communicate with less conflict throughout the case. 

Leveling the playing field

When your spouse has a divorce attorney, they can take advantage of your lack of knowledge and experience. Without the legal counsel from your own attorney, you may agree to something that you didn’t know about, or feel pressured to agree to things you don’t want. With a divorce lawyer of your own, you’re able to navigate through your case with more confidence and expertise, and someone to speak on your behalf. Having someone who ensures that your voice is heard, and dedicated to protecting your rights, can avoid aggressive moves towards your marital assets or relationship with your children.

Takes the wheel when going through records

If there is any concern about your divorce, having someone who can effectively collect all the necessary information for you to present in court can be better for your mental health, and your case. Considering that they’ll be discussing your issues in court, letting them have control of looking through records and resources only will help strengthen your position in trial.

Managing asset allocation can be a struggle to do on your own, and a divorce attorney will be able to give you different options when choosing the best way to divide your assets and debts. For instance, if you or your partner do not have the funds to buy out the house you own together, you might come to the decision to sell the house and divide the money made from the sale, rather than one partner staying in the house. Other than your assets being divided, your debt also can be consolidated differently. If your spouse has accumulated a lot of debt during your marriage, it’s possible for you to not have to take on all that debt personally.

Finding A Divorce Attorney in California

To save you precious time and move on with your life post-divorce, we at Azemika Law are here to help you. We efficiently handle family law cases involving divorce, dissolutions of partnerships, division of property, child custody, and more. Serving all of Kern County for 28 years, we give attentive support with the best interest for you and your family. 

If you need someone to fight for you, and protect you through your divorce or domestic dissolution process, contact us at Azemika & Azemika Law.

Pets have always played important roles in our family lives, and that makes for a complex situation when a marriage ends. While it may be difficult in your divorce to determine who gets your furry loved ones, there are rules set in place that ensure the best care for your animal family member. 

Family, Not Property

Prior to 2019, California courts applied the state’s property division laws to pets when ruling divorce cases, which treated pets like any typical inanimate object. Now, with California law AB2274, that changes how pet animal ownership is handled. Judges listen to both sides, and decide custody based on the best interest of your pet, similarly how child custody is determined. Having clearer guidelines for how custody is determined ensures that the pet is going to a loving, stable, and safe environment, rather than ending up with a negligent owner.

Pet Custody Factors

If you wish to win sole custody of your pet, you and your lawyer will have the opportunity to state your case in full ownership. This law applies to pets that were acquired during the time of your marriage, and only applies to animals that are kept as household pets. If one person entered the relationship with the pet, it’s no longer treated as community property, and will go to whoever was the original owner. 

A judge considers several factors when determining who will be given custody:

• Who takes primary care of the pet?
• Who originally purchased or adopted the pet?
• Who typically exercises the pet?
• Who’s name is registered as the owner?
• Which household can accommodate the pet with appropriate space?
• Who has taken care of veterinarian visits and expenses?
• Who is the pet more emotionally attached to?
• What is best for the pet overall?

Solutions in Co-Ownership

The divorce itself is already a stressful situation, and sometimes co-ownership isn’t an option depending on where your relationship lies. Looking at your motivations of keeping your pet is important to consider. Having custody as means of retaliation, over actually caring for the pet and its’ affection, could make this decision much more difficult for both parties. Bargaining other assets in exchange for the pet can be a way to cut ties more smoothly, but overall the best interest for your pet would hopefully be the deciding factor. 

While it’s typically the last option, 27% of pets are rehomed or given away for family matters like divorce, so many responsible owners make attempts in caring for the pet together, but separately. Operating through co-ownership allows both sides of the family to happily conduct time with their pets, and as long as it’s healthy for those involved, pet sitting and visits could be a potential solution. 

In some cases, it’s best for the pet to stay in one place, having one partner being the primary caregiver, then able to establish visitation rights. Remember that some animals are creatures of habit, so picking a routine that works well and consistently is an important consideration when making a decision to share them. Deciding how pet expenses will be split between the two of you from the beginning will be helpful to adhere to in the future.

There isn’t always an easy solution that you and your ex can come to, and considering hiring a mediator can be helpful to alleviate emotionally charged arguments when coming to a final and fair arrangement. 

Potentially Losing Your Pet

Giving up a pet in divorce is a painful thing to go through. While going through this grieving process, you might want to rush to adopt another pet, but allow yourself time to feel, and maybe consider talking to a life or divorce coach. If you’re able to, there are plenty of rescues and shelter groups that love to give the opportunity to foster animals in need of adoption. Volunteer work for animal shelters, or other nonprofits, can also give you some time to be around animals without having to fully commit to owning another furry friend. Remember that time will help heal the pain in your loss, but surrounding yourself with friends, family, or loved ones can truly make that time a little easier. 

Seeking Legal Help

Experiencing any life-altering change can be a difficult and emotional time, and having a trusted attorney to offer insight with your custody battles or case issues can offer peace of mind. 

At Azemika Law, our practice is devoted to the field of family law. We efficiently handle cases involving divorce, dissolutions of partnerships, child custody, abandonment, and adoptions. 
Serving Kern County for the past 28 years, we provide all of our clients with knowledgeable and affordable representation. We understand that divorce is a crucial time for important decisions.

Contact us today to help protect you and your loved ones when you need it most.

One of the most often misunderstood aspects of divorce proceedings is the division of property and assets. California law simplifies it somewhat by dividing a couple’s property into two categories: separate property, which an individual owns, and community property, which is owned by both parties equally. But where does your inheritance fit into the picture?

Generally speaking, anything you acquire while married becomes community property. So does that mean that being named in or receiving inheritance during a marriage requires it to be split should you divorce? It can seem like a confusing issue at first, but it doesn’t have to be.

In this blog post, we discuss the issue of how California divorce laws treat inheritance. We’ve also detailed some unique circumstances that could lead to unexpected decisions. 

How Does California Treat Property During Marriage?

How the law treats a couple’s property varies from state to state, but California keeps things rather simple. The short version is: generally, anything you owned before the marriage remains yours, but anything acquired during the marriage is considered joint property. When it comes time for divorce, joint property (or its value) gets split as evenly as possible. 

What surprises some people is that the definition of property is pretty broad in this context. Besides physical objects, any wages, bank accounts, and investments also fall under this umbrella. Unless an agreement is reached beforehand or during divorce proceedings, both people legally own these things. 

There is also the issue of commingling. Commingling occurs when one spouse helps the other with a separate property financially (such as making car payments). When this happens, the separate property becomes community property. Again, there’s no room for doubt who owns what if you keep documentation. 

What Does Inheritance Fall Under?

Looking at the summary above, you could make a reasonable argument that inheritance received during the marriage becomes community property. However, it’s one of two property types exempt from community rules (the other being gifts). Therefore, unless it names your spouse (either specifically or as a family), they have no legal entitlement to it.

However, there are two unique situations where this isn’t always the case. Though California law is otherwise precise in handling divorce, these scenarios create murky entanglements with no simple resolution. If you can apply either of these cases to your inheritance, the issue may come down to a judge’s decision.

Commingling Inheritance

What you choose to do with your inheritance could change it to community property. Such a problem occurs when your inheritance is a sum of money. If you keep it in a separate bank account owned only by you, it will remain yours, and there will be no issue.

However, it becomes commingling if you put that money in a joint account. If there’s no other money in the account, its shared nature still gives your spouse legal access, making it co-owned. If there was pre-existing money in the account, telling where one sum ends and another begins is almost impossible.

Your inheritance can also become commingling if you choose to use it (in part or whole) to buy community property, such as a vehicle or real estate. You can argue that a set amount is yours with a shared account, though this tactic isn’t usually very successful. However, once you’ve spent the money on community property, those funds are no longer separate. 

Transmutation

You can decide to convert your inheritance into community property at any point in your marriage. Your spouse will then have co-ownership, and if they still have it by the time of the divorce, a judge will divide it. The co-ownership overrides the original terms of inheritance in all circumstances.

Transmutation isn’t something that will spring up and surprise you, so you don’t need to protect yourself against it. However, some people have the mistaken notion that the start of divorce proceedings will nullify such co-ownership agreements. Therefore, if you’re thinking about divorce, it’s in your best interest to change these agreements beforehand, if possible.

Let Azemika & Azemika Guide You Through the Divorce Process

You know now how to protect your inheritance, but what about other aspects of your divorce? It can be an incredibly stressful experience for anyone. How do you navigate the situation without making costly mistakes?

With the help of Azemika & Azemika. 

Our law firm is solely devoted to the practice of family law and is uniquely suited to help you with your divorce, custody disputes, issues with alimony and child support, and more. With a combined 56 years of experience, our partners dedicate themselves to serving people like you in the greater Bakersfield area. Contact us today to put the power of expertise on your side.

Marriage and divorce are both common experiences in the United States — and around 50% of married couples will end up divorcing. And while that number may seem quite high, did you know that when it comes to divorce in the military, combat veterans are more likely to get divorced than to actually see combat? An estimated 62% of combat veterans’ first marriages end in divorce. Moreover, female enlisted soldiers have more than double the divorce rate compared to female officers. 

Divorce is hard enough to navigate for any couple seeking dissolution, but when a military couple decides to get a divorce, there are extra challenges that can add more complexity and even more stress to the process. State and federal laws as well as military regulations can govern aspects of your case you may not know about. Let’s take a closer look at military divorce as it pertains to the state of California and how one can navigate divorce while in the service. 

Grounds for a Military Divorce in California

The military divorce laws in California can be quite complicated and may be difficult to parse and understand on your own, so it is highly advised to hire a divorce lawyer who has experience dealing with military divorces. 

No matter the status of either spouse, be it active duty, retired or in the guard or reserve, you can be impacted by a military divorce. California is also a no-fault state, meaning you cannot use adultery or desertion as grounds for divorce, though sometimes these reasons can be brought up for consideration during child custody hearings and when dividing up assets and property.

The grounds for filing for a divorce in California are similar, no matter if you are filing for a military or civilian divorce. These grounds include:  

• Irreconcilable differences. Citing irreconcilable differences means that the end of the marriage was not the fault of one party in particular and there is no specific reason. 
• Permanent legal incapacity of one spouse. This is when one spouse is proven to be clinically insane. To file this way, you must provide the court with a support order showing proof.

Before Filing for Military Divorce

Make sure to take these issues into consideration before starting your divorce as they may serve to complicate the proceedings. Speak with an expert California divorce attorney if you need help with any of the below issues.

Residency Requirements

A military spouse must file the proper divorce papers where the service member is stationed or the state where they are currently a resident. If you want to file for divorce in California, then one of you must either reside or have a station in the state.

Military Spouse Deployment

If you file for divorce while your spouse is deployed or on active duty for an extended period, then the rules for divorce are different. Having a spouse that is actively deployed can complicate the process of serving and processing a divorce.

The Servicemembers Civil Relief Act (SCRA) protects active-duty military members from civil judicial proceedings, which includes divorce papers and summons. In a normal civilian divorce, if a spouse ignores the summons, they default and get no say in asset division or child custody, but active service members in the military who can’t respond due to being on active duty are not subject to that default because of the SCRA. 

Property Division

Military divorces follow the same rules that civilian divorces do as far as property division is concerned. Since California is a community property state, generally, all property and debt acquired over the course of the marriage is considered joint property and will be divided equally. 

Spousal Support

Much like a civilian divorce, whichever military spouse earns more than their partner can be ordered to pay alimony. Just like in civilian divorces, a military spouse who earns more than their partner can be ordered to pay spousal support during the divorce proceedings. The amount is determined by a judge using factors such as:

• Length of the marriage 
• Financial needs of both spouses
• The dependent spouse’s level of education 
• The health and age of each spouse

The general rule of spousal support is that it can’t be more than 60% of the military spouse’s pay. If the couple has been married for less than 10 years, generally the alimony will only be paid for the time that is equal to half the length of the marriage. There are exceptions to this rule, however.

Child Custody and Support

California does not discriminate when it comes to military parents who are on active duty when it decides on child custody. If one of the military parents is deployed, it will not change the custody order or visitation schedule. It is best for military families with small children to try and settle their differences with an uncontested divorce to make custody issues easier since deployment and active duty are factors they must deal with. 

Filing Procedure for Military Members

The filling process  for a military divorce is as follows:

1. Gather all of the documents pertaining to the divorce petition and fill them out. It is advised to have an attorney look over these documents before they are filed to ensure they are accurate. 
2. Once filled out and signed, you pay the appropriate filing fee at your local superior court. 
3. Serve your spouse with copies of the divorce petition and summons for the dissolution of the marriage. A friend, relative, sheriff or process server must deliver the papers on your behalf. 
4. Have your spouse sign the papers and send them back within 30 days. 
5. If a spouse opposes terms in the divorce documents, it is best to speak with your divorce attorney on the appropriate next steps.

Protect Yourself By Hiring An Attorney

No matter how amicable you think your divorce is or will be, there are still situations that could arise and cause conflict. Negotiation, separation of property, child support, and alimony all play significant parts in any divorce. Avoid costly mistakes that could have severe impacts on the rest of your life.

At Azemika & Azemika, our law firm is exclusively devoted to the field of family law. We handle military divorce cases, dissolution of domestic partnerships, child custody, visitation, child and spousal support, paternity, abandonment, and adoptions. Our partners at Azemika & Azemika will put their expertise to work for you and make sure your case is customized to your needs. Contact us today for your free case evaluation.

When a couple makes the decision to get divorced, the very first choice they must consider is if they can come to an agreement on terms or pursue a contested divorce in court. This includes asset and debt splitting, child support and custody and whatever other property they have to divide. 

In the state of California, if the couple is able to work together and come to an agreement about asset splitting, then their agreement is said to be uncontested and will result in a much shorter, less intense affair when it comes to attorneys, the court and figuring out who gets what. If the couple cannot agree, then it will be moved to the contested category and a whole new set of actions begin.

Because going through a divorce can be much more difficult than many think, it is not uncommon for uncontested decisions to become contested in the blink of an eye. Because of this, it is good to have the help of a skilled California divorce attorney, as well as know more about the terms, yourself. This article will explain the main differences between the two options and discuss how they can affect the cost and duration of the divorce and its proceedings. 

Difference Between Uncontested and Contested Divorces

On the surface, both of these types of divorces seem quite simple and in some cases, they can be quite cut and dry. Most times, though, high emotions, complicated assets and child custody disagreements can get in the way of an uncontested divorce.This is why it is especially important to have a knowledgeable attorney by your side throughout the process. 

An uncontested divorce means that both parties have agreed to all the aspects of their asset divisions and separation before going to court and getting the divorce filed and going before the judge.

A contested divorce means that neither party can agree on terms, and must have their case mediated or heard by a judge in court. Court hearings and trials are needed in the cases where the parties cannot agree on terms of divorce. It is definitely advised to get a divorce attorney to help protect you and your assets, such as:

• Child custody and child support
• Division of property 
• Division of assets
• Debts
• Alimony/spousal support

Uncontested Divorce

Since an uncontested divorce means both parties agree to their own stipulations, it’s a much simpler process. The divorce is agreed upon and mostly done out of court. With an uncontested divorce, you rarely even go in front of a judge unless children and child custody is involved. If children are involved, the court will usually refer the case to mediation for custody arrangements and child support agreements. 

Uncontested divorces work best for:

• Couples who have little to no assets and no children
• Couples who agree amicably on how to divide their assets, who will have legal and physical custody of any children they may have, as well as how much child support is appropriate.

Contested Divorce

The more common of the two options, a contested divorce is when both parties cannot agree on the more major issues of finalizing the divorce, be it child custody, division of assets and property or spousal support. Uncontested decisions can become contested if one or more of these becomes non-negotiable in the eyes of either party. That is why getting quality legal representation for a contested divorce is incredibly helpful and necessary for the next steps. 

The drawbacks of contested divorces can include:

• Loss of control over the outcome of the divorce. When you can’t come to an agreement with your partner, the court will determine who gets what and the custody of the children based on information the other party brings to the court and what the judge deems most appropriate for the children. 
• The divorce will take longer to finalize, so the longer the time in court, the higher the legal fees.
• A contested divorce can end up leaving neither party satisfied, as the judge is the one making the decisions instead of the spouses. 

Azemika & Azemika Law is on Your Side

Going through a divorce can be a difficult and emotional time. If you are trying to settle outside of court, make sure both party’s attorneys are aware of that. However, if there are issues that the two of you can’t agree on, you may need to get the courts involved. 

The lawyers at Azemika & Azemika have a combined total of over 56 years handling family law cases. This expertise allows our dedicated team to customize each situation to fit our clients’ specific needs. As our client, we will keep you informed on the status of your case, allowing you to make informed decisions as your case progresses.

Let the team at Azemika & Azemika help set you on a path to a better post-divorce future.  Contact us today for a consultation.

While getting a divorce is not on anyone’s mind starting out in their marriage, sometimes that becomes part of life’s next chapter, and it’s better to know what is coming next than be blindsided and lose assets and property you’ve worked hard to amass over the years. Financial stress can make the divorce process even harder, and emotional stress can cause you to overlook and under think your priorities during this difficult time. Having a knowledgeable and compassionate divorce attorney at your side is incredibly helpful to navigate California’s divorce laws.

Many are unaware that California is a community property state, which entitles any property or debt that was acquired during your marriage to both parties equally. As with any law, exceptions do exist and this article will go over which of your assets are protect during a divorce and which are subject to California’s community property laws as well as go over the ins and outs of some of the more major terms and processes you will be dealing with to act as a guide through this difficult time. 

What is California’s Community Property Law?

The state of California uses a series of community property laws which act as a buffer to help divide property as fairly as possible. Of course, you are always welcome to contest what property is yours during the mediation and divorce process. Having an understanding of community property law for your asset protection is critical as the ownership of property will be the key to how the partners divide assets during the divorce proceedings. An experienced California divorce lawyer will know all the ins and out of this dense and complicated law. 

Under California Family Code § 2550, in general, all assets and properties acquired by the couple after they were married are the property of the marriage and will need to be divided equally in a divorce. Protecting your assets before and during your marriage isn’t a sign of lack of faith, but can help both parties in the long run. 

What is Asset Protection?

Asset protection will keep your assets away from creditors without making you party to any sort of concealment or tax evasion issues. It is a lawful and ethical way to protect both spouses before and during divorce. For those with a healthy amount of assets and property, this protection planning is an absolute necessity. 

Understanding Property

Assets and property are quite varied. It is important to get an idea of everything that constitutes property. It can be anything that can be bought or sold or even just something that has value, such as:

• House or land
• Cars
• Bank Accounts and cash
• 401k
• Pension plans
• Stocks
• Any business you own
• Furniture and clothing
• Stocks and bonds
• Life insurance that pays out a cash value

How to Protect Your Assets During a Divorce

Prenuptial and Postnuptial Agreements

A prenuptial agreement (prenup, for short) is a document that is created before both parties get married that specifies which assets belong to whom and legally designates that these assets will not fall under the community property law. 

A postnuptial agreement is another legal document that couples can create that will cancel out California’s community property laws. A postnuptial agreement is just like a prenup, as it will protect both party’s assets in case of a divorce, the exception being that the postnuptial is written while the couple is married.  

Take Inventory of Your Assets

The first step you should take when getting divorced is taking an inventory of all of your assets and valuables. As stated above, assets can be many tangible and intangible pieces of poetry so make sure to be very specific with everything you own. If you have received valuables that were not given to your partner as well, make sure to document them. These could be heirlooms, inheritances, etc. If possible, get proof of everything you can to make it easier to prove if your divorce becomes litigious. 

Guide to Taking Asset and Property Inventory

Here is a fast guide to help you document your assets.

1. Inventory all of your valuables 
2. Get proof of any inherited or gifted items 
3. Rightfully acquire your property from your home
4. Know the status (mortgage, taxes) of all property
5. Hire an appraiser
6. Take pictures of all joint property

Get Exceptional Divorce and Asset Help Today with Azemika Law

During a divorce, documenting and dividing your assets can be a difficult and stressful job. Let a qualified and experienced Bakersfield divorce attorney help you turn the page to the next chapter of your life.

At Azemika & Azemika, our attorneys have specialized in all aspects of divorce and family law for over 28 years. We use our vast experience to customize each case based on each client’s needs. As a result, we will help you find solutions to all of your asset and property needs  

Reach out today to schedule a consultation. Let us focus on the property and asset laws so that you can focus on the future.

Divorce is an emotional, trying time for all parties involved. It can be even more complicated when there are children involved, and a custody battle ensues.

The courts will hear each parent’s case and then decide based on what is best for the child. Keep in mind that mistakes made during custody battles can ultimately affect the amount of time you get to spend with your child.

Today, we’ll discuss five common mistakes that parents make during custody battles. 

#1. Thinking That What Worked for Someone Else Will Work for You

Just because something worked for your friend or a family member during their custody battle doesn’t necessarily mean it will be the right thing for you and your family. Each family is different.

When a court decides custody arrangements, they are in effect until your child turns 18. If something doesn’t work out, there will be much work involved to get the courts to change the arrangement. Be sure that you take into account the individual needs of your family before you draft and submit a parenting schedule to the courts.

#2. Thinking That Child Support and Visitation Are Intertwined

Often, the custodial parent believes that they can withhold visitation from the non-custodial parent if they haven’t received child support. Child support and visitation are separate issues, and one doesn’t affect the other. If you choose to withhold visitation, the courts will view this negatively, and you will be in violation of the terms of the custody agreement.

#3. Missing Child Support Payments

If the court has ordered you to make child support payments, make sure that you consistently make those payments. Neither the courts nor your spouse will be pleased with you missing a support payment.

Sometimes non-custodial parents see child support as benefiting their former spouse, but this is not the case. These payments are to ensure a better life for the child. Missing child support payments negatively affects your case and places you in violation of your child support agreement. Willfully missing child support payments can find you in contempt of court and may result in jail time.

#4. Talking Badly About the Other Parent

It doesn’t matter if you are badmouthing the other parent to friends, family, or your child. When you do this, you are risking a confrontation if it gets back to them and damage to your case if it is relayed back to the court.

Talking badly about the other parent to your child can be traumatizing, and is not recommended under any circumstance. It is never wise to make your child feel like they have to choose between their parents. By doing this, you not only risk damaging your relationship with your child, but you also risk causing parental alienation, which could affect the outcome of your custody battle.  

Try to remember that this time in your life is temporary, but you will be parenting with the other parent for the rest of your child’s life. Try working on dealing with your negative feelings towards your ex with a counselor instead of lashing out and risking the outcome of your custody battle.

#5. Keeping Your Child Informed About the Custody Case

Kids are smart. They tend to know and understand more than they are given credit for. So even if you don’t mention the custody battle that is going on, it’s likely that your child will have an idea of the gravity of the situation..

While being honest with your children is important, if you are sharing with them what is going on during the case, or if you feel like you have to give them your “side of the story,” it can inadvertently cause emotional and psychological damage. If your child approaches you about what is going on, instead of discussing details, keep your explanation simple and child-appropriate. 

Let the Experts at Azemika & Azemika Help You Navigate Through Your Custody Battle!

During a divorce, the needs of the children involved have to be the number one priority for all parties involved. However, you must also make sure to protect your rights as a parent.

At Azemika & Azemika, our attorneys have specialized in all aspects of family law for over 28 years. We use our vast experience to customize each case based on each client’s needs. As a result, we will help you find solutions to all of your child custody concerns.  

Reach out today to schedule a consultation. Let us focus on your family so that you can focus on the future.