Heath-Newton LLP Counselors at Law

Results for the “Community Property” Category

Aug
18
2012

Does Dividing Marital Assets Without a Lawyer Make Sense?

So your marriage didn’t turn out the way you had hoped, and you’ve begun the arduous task of dividing up everything you acquired during marriage. This is a tough process no matter how you look at it. You’ll want to be informed both about your rights, and about how other people have handled this same process.

Legally there is no requirement that you hire a lawyer to handle your divorce. You can even represent yourself in court if you really want to.

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Categories: Community Property, Divorce

Aug
8
2012

Three Things You Must Know About Stock Options in a California Divorce

Because a breach of marital fiduciary duty will be taken seriously by the courts and withholding important information and documents about stock options in a California divorce will land you in HOT water, we’ll bottom line our point immediately:

“Honesty doesn’t always pay, but dishonesty always costs.”

~Michael Josephson

What is the California Marital Fiduciary Duty and How Does it Apply to Stock Options?

Here are the three things you must know about your marital and domestic partnership duties as they pertain to stock options in a divorce:

1.

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Categories: Community Property

Apr
13
2012

The Use of Emerging Technologies to Perpetrate Stalking and Domestic Violence is on the Rise

The use of emerging technologies to perpetrate stalking and domestic violence is on the rise. Facebook stalking is now a commonly used term. We’ve all read the news about GPS transmitters being placed on cars by stalkers, and email hacking – as reported by our clients – is now a fairly regular occurrence. Our office has even seen parties placing spyware on one another’s computers to track emails and passwords.

Some of these activities are illegal and can be stopped with restraining orders; others reside in that blurry gray area where enforcement can be a real challenge.

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Categories: Community Property, Custody, Divorce

Jan
19
2012

Possible John Edwards Marriage Highlights the Power of Spousal Testimonial Privilege

There is a rumor that embattled former senator and presidential contender John Edwards is going to marry his one-time mistress, Rielle Hunter.  Edwards is accused of conspiring to violate campaign finance laws by using approximately $1 million from campaign donors to cover up his affair and the child he fathered with Rielle Hunter.  If Edwards does marry Hunter, she would not be required to testify against him at the trial if she did not want to, and some theorists believe this is the only reason he wants to marry Ms.

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Categories: Community Property, Custody, Divorce, Premarital Agreements, Property

Jan
6
2012

What Could Happen to your Twitter Account if you Divorce?

Social media accounts like Twitter and Facebook are beginning to take their place in the pantheon of highly contested properties for divorcing couples in California. As we all know, couples dissolving their marriages divide a wide range of assets already – everything from cars and homes to stock options, businesses and artwork. The unavoidable fact is that social media accounts are property, and as the value of such property increases, so too will the litigation surrounding them.

In California, absent a prenup, any asset acquired during marriage is considered community property and must be divided evenly between divorcing spouses.

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Categories: Community Property, Divorce, Estate Planning, Premarital Agreements, Property

Dec
19
2011

What We Can All Learn From Celebrity Prenups

Jessica Simpson and Kobe Bryant have been in the news recently, both because of their respective prenups. I thought I would take a moment to reflect on the nature of celebrity marriage contracts, and what this can tell us about the marriages of mere mortals.

To recap in case you’ve missed the news, Kobe Bryant’s wife has just filed for divorce, and there’s no prenup. Kobe’s wealth is estimated to be around $150 Million. Assuming the entire fortune was earned during marriage, it’s all community property, meaning Vanessa is entitled to half of it.

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Categories: Community Property, Custody, Divorce, Premarital Agreements, Property, Support

Sep
1
2009

Getting A Divorce? Don’t Drag Your Heels! – Tips To Simplify Your Divorce

It goes without saying that a divorce can be one of the most difficult experiences in your life. So why make it any harder?

I see divorce clients every day. The first thing they often tell me is “I just want this to be over with.”   So here are some simple tips to make that happen:

First, get organized! A divorce requires delivery of nearly all your financial records to your spouse. Even if you and your spouse have been sharing all the accounts, you will still need to put together copies of statements from every financial account, including bank statements, credit card statements, retirement accounts, pay stubs, etc.

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Categories: Community Property, Divorce

Sep
1
2009

You Have a Prenup Whether You Want One Or Not, So Use It To Strengthen Your Marriage

What do I mean that you already have a prenuptial agreement (sometimes called a “prenup“)? If you live anywhere in the United States, then you live in a state that has rules about marriage. Those rules dictate how marital property is treated during marriage, and they dictate what happens to that property if the marriage ends. That, my friends, is a prenup: a bundle of rules and agreements about the assets of married couples. So the question is whether you want the rule-bundle California has set up for you, or some other rule-bundle. 

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Categories: Community Property