California Divorce Tips: Navigating Assets and Disclosures

Divorce can be a complex process, especially when it comes to equalizing assets and managing disclosures. Here, we delve into various topics that many clients face during divorce proceedings, from military divorce cases to child custody and filing jurisdictions. Understanding these aspects can make a significant difference in your divorce journey.

Understanding Military Divorce Cases

One of the most frequently asked questions I receive is whether we handle military divorce cases. The answer is a resounding yes! A military divorce follows the same process as any other divorce case. While military members may have access to on-base facilities for assistance, many report difficulties in securing appointments. My experience shows that the process remains consistent, regardless of military status.

It’s crucial to remember that while military retirement may involve unique considerations, an amicable divorce process remains unchanged. This means that both parties can work towards a fair agreement without the added stress of a complicated legal system.

Quick Divorce Approvals in L.A. County

In recent weeks, we’ve had three divorce cases approved in Los Angeles County within just 24 hours. This rapid turnaround is something we pride ourselves on, and it brings immense relief to our clients. Once we submit the necessary paperwork, we often receive a judgment back from the court very quickly.

It’s essential to note that while clients may receive their divorce decree shortly after approval, they still must wait for the final divorce date to pass, typically six months from the date of filing. During this waiting period, nothing further will be processed by the court, but having that decree in hand is a significant milestone.

Child Support Income Withholding Orders

When it comes to child support, many people believe that income withholding orders are mandatory. However, my experience tells a different story. In 11 years of practice, I have filed only two withholding orders upon request from clients. Most prefer to handle payments directly without involving their employer.

Many clients express concerns about their privacy, especially with smaller employers. They may not want their personal matters disclosed or to complicate their employer’s payroll processes. Thus, while the option exists, it’s not a requirement for most amicable cases.

Equalizing Assets: 401(k)s and More

Equalizing assets, especially retirement accounts like 401(k)s, can be a daunting task. We often encounter clients with multiple retirement accounts, raising the question of how to fairly divide these assets. The process typically involves Qualified Domestic Relations Orders (QDROs), which can be costly.

Rather than going through multiple QDROs, I recommend exploring options to equalize assets through other means. For example, if one spouse has a significantly larger 401(k), you can offset that with other assets or debts. This approach minimizes the need for multiple QDROs and can save both time and money.

Example of Equalization

Let’s say one party has a 401(k) worth $200,000, while the other has two smaller accounts valued at $25,000 each. Instead of three QDROs, you could propose that the larger 401(k) is divided, with the smaller accounts being kept entirely by one spouse. This way, the larger account holder compensates the other with a fair equalization payment, simplifying the process.

Mandatory Preliminary Disclosures

As part of the divorce process, both parties are required to complete preliminary disclosures. These disclosures include an income and expense declaration, as well as a schedule of assets and debts. It’s important to note that these documents are not filed with the court but are shared between the parties to foster transparency.

While the final declaration of disclosure can be waived in amicable cases, it’s crucial to understand its purpose. If a case drags on, an updated final declaration may be required to reflect any changes in financial situations.

Understanding Bifurcation

Bifurcation refers to separating the dissolution of marriage from other issues like asset division and custody. This can be particularly beneficial in contentious cases where parties wish to dissolve their marriage without addressing all other matters immediately. However, it’s essential for both parties to agree to bifurcation for it to be granted by the court.

In my practice, we have seen bifurcations used effectively, especially when clients initially sought legal separation but later decided to proceed with divorce. This allows for a streamlined process without relitigating previously agreed-upon terms.

Dealing with Uncooperative Spouses

One of the more challenging aspects of divorce is dealing with an uncooperative spouse. I often hear from clients who feel stuck because their spouse refuses to engage in the process. This can create a stalemate, making it difficult to move forward.

In such cases, it’s crucial to find ways to encourage participation. Filing for a default judgment is one option, but it can be complicated and often requires a different approach than a standard divorce. It’s always better when both parties are involved, even if they disagree, as this allows for a more structured resolution through the court.

Child Custody: Where to File

When it comes to child custody, understanding jurisdiction is key. I recently encountered a case where clients attempted to file in California despite the child living in New York. This oversight can lead to significant complications, as courts typically need to have jurisdiction based on the child’s residency.

The best practice is to file in the state where the child has lived for the last six months. This ensures that custody orders are valid and enforceable. If you find yourself in a similar situation, it may be necessary to dismiss the current case and file in the correct jurisdiction.

Conclusion

Navigating the complexities of divorce can be overwhelming, but understanding these key concepts can help ease the process. From military divorces to equalizing assets and managing disclosures, being informed empowers you to make better decisions. Always remember that seeking professional advice tailored to your situation can provide invaluable assistance during this challenging time.