Archive for Family Law

Need Divorce Litigation? Rupprecht Law Can Help

When mediation efforts fail and are no longer an option, deciding divorce parameters often requires going through the litigation process. Litigation, commonly referred to as a contested divorce, means that the matter will be resolved in court. Because these types of proceedings entail exhaustive preparation, it’s important to have an experienced San Ramon divorce litigation attorney on your side.

The legal firm of Rupprecht Law has the skill to litigate your case in a compelling and confident manner. For most parties going through a divorce, litigation is usually a last resort. However, when spouses fundamentally disagree on most issues that can’t be resolved otherwise, the path of litigation can deliver a satisfactory resolution for both sides. It is often necessary when a spouse needs an immediate visitation, custody or support determination. Sometimes, simply the threat of litigation provides an impetus for one party to concede points of contention in order for a settlement to be negotiated.

Typically, the litigation process will proceed through a number of basic steps. It begins with a petition for divorce which is then served. Temporary orders are usually filed to establish rules of contact for each party throughout the process. The act of discovery involves documenting facts such as financial and bank records, tax returns and other financial instruments related to each party. Mediation is sometimes initiated and discussed prior to any court process taking place. Depositions are then taken as each side prepares for trial.

A San Ramon divorce litigation attorney handles all aspects of a contested divorce proceeding. This includes presenting evidence and fighting for your rights on key issues such as child and spousal support, separation of debts and property, visitation agreement and other important points. Having experienced and strong legal representation working hard for you can make the difference between a successful divorce outcome or not.

Things To Know When Divorcing And You Own A Business Together

A divorce might be amicable or it might be bitter, but at the end of the day, it is always going to be trickier as soon as a business gets involved. While there are many bitter divorce battles fought over things like sentimental items, child custody and property, businesses can get quite confusing. Quite a few people start off businesses with one another without thinking about the fact that they might get divorced. While experienced players might put in some clauses in case of separation, you may not have thought that divorce would be a reality for you.

If divorce does become a reality for you, you will find that you need a good San Ramon divorce attorney. A good San Ramon divorce attorney is someone who can represent you in court while also taking you through in the intricacies of business settlement. Except in the cases of very large and very important corporations, a business is always assessed as a simple asset. In this way, it is no different from a house or a car.

Typically, if you are dealing with a business in a divorce, you will find that one partner needs to buy the other one out. No matter which party you are, you need to make sure that a set pay date is determined, or at least a pay schedule. This is something that goes much easier if you have a professional lawyer on your side. Both sides should have a lawyer to expedite the process.

The truth of the matter is that while some people can continue to run a business together even after they get divorced, you will find that most people simply want to split things up and move on with their lives. If you are someone who is invested in moving forward with your divorce in a sane fashion, contact an attorney who will guide you through it.

Divorcing When You Own A Business

If you are someone who is going through a divorce, there is a good chance that your mind is whirling. You may be so busy thinking about family issues and relationship issues that there has been no time left to think about your business! A business is something that you and your spouse may have started together, or it might be something that one of you has started and the other has helped maintain. No matter what the circumstances, the business that you own with your spouse is going to be a source of contention during the divorce.

Depending on the nature of the divorce, one of several things might happen. In the first place, you may continue to run the business as you have been. This is only likely or recommended in amicable divorces. The business may also be sold and the proceeds split, and though this might be the most straightforward option, you will find that it is also not feasible. Other options involve one partner buying the other out or finding alternate ways to handle the ownership.

When you are thinking about your business in a divorce, you will find that it is treated as any other asset would be. The issue, of course, is that a business is a lot more valuable than a piece of furniture or a television set! This is why so many people decide that it is a good idea to bring in an expert.

If you are in the middle of a divorce and a business is involved, make sure that you think about contact a good San Ramon divorce attorney. A good San Ramon divorce attorney can tell you what you need to know about your situation, and they can also ensure that you get the best and most fair deal from your business.

Basics Of A Divorce In California

To obtain a no-fault divorce in California, either spouse must cite the grounds for the marital split. The Petition for Dissolution of Marriage must be filed citing one of the following reasons for the divorce, which include:

Irreconcilable Differences: The marriage has become irretrievably broken and there is no hope of reconciliation.

Incurable Insanity: One of the spouses has been diagnosed as incurably insane by a licensed medical professional at the time the divorce action was filed and he or she remains incurably insane. The family court judge may require testimony from psychiatric or medical experts.

The person filing for divorce or their respective spouse must be a resident of California for at least six months and a resident in the county where they are filing for a period of three months.

 

Property Division and Spousal Support
California is a community property state, which means that both parties must divide all of their assets and debts acquired during the marriage equally. If the couple is unable to reach an amicable agreement, the family court will make the decision for them. Either spouse can seek financial support and the court may grant alimony in any of the following ways:

  • Temporary alimony that will end after a set period of time
  • Rehabilitative alimony so that a spouse can learn new job skills to reenter the workforce
  • Permanent alimony usually awarded in marriages that have endured ten years or more
  • Lump sum alimony if this does not impose adverse tax implications on the receiving party
  • The financial situation of both spouses will be taken into consideration by the court when making an alimony award.

 

Child Custody and Support
Either parent can be awarded legal or physical custody of the children. The courts strongly urge both spouses to work out a fair parenting agreement. If they cannot agree on the terms of child custody, the court will make the decision based upon what is in the best interests of the children. In California, the amount of child support is based upon the income of both parents. The court will consider additional factors, such as how many children each parent is responsible for supporting.

 

When To Consult A Divorce Attorney
Going through the process of divorce is never easy and it becomes more difficult when couples cannot agree on a settlement. Whether you are the spouse seeking a divorce in California or the party that was served papers, you need legal representation. A divorce attorney can help by ensuring that the settlement is fair and that your interests are protected at all times.

10 Ways to Help Protect Your Assets During a Divorce in California

You will want to take some steps to protect your assets if you are filing for divorce in California. Thankfully, California supports community properly law, which means that you can expect to maintain any of the assets that you brought into the marriage. It is important to consult with your California divorce attorney so that you can be guided through the process of dividing property during a divorce. Follow these ten tips to be best prepared to protect your assets during your divorce.

Take an inventory of all of your assets. List and take pictures of any items that were specifically given to you or bought by you. Move these items to a secure place since it may be challenging to get them back if you leave your home.

Try to gather verification that your belongings are actually yours. Gather receipts, and you can ask your friends or family members for written proof regarding gifts.

Be sure to obtain the important records, such as the titles, for any large assets that you retain after the divorce.

You should know that the law is on your side when it comes to obtaining your property once you have moved out of your home. You can even hire a locksmith to get you inside of your home if your spouse has changed the locks.

If you have shared assets, you should hire an appraiser to ensure that you or your spouse receive the proper compensation. Your California divorce attorney can recommend fair appraisers.

It is also important to take pictures of any joint property, and take any of the items that you don’t want to try to replace.

You should be mindful that your spouse has the same rights as you when it comes to shared property.

An important step is to have a few copies of all of your essential documents before you leave your home, such as your tax returns and bank account statements.

Do not make any changes to your billing practices once you separate to avoid scrutiny.

Obtain the business records from a shared business so that you can determine the amount of interest that you should receive.

Approximate Timeline For A Divorce In California

The divorce process can be an extremely painful time for many couples. Sometimes one person may want the divorce while the other spouse is still hanging onto hope of saving their marriage. To legally begin the process, one of the spouses must be a resident of California for at least six months and a resident for three months in the county where the petition is filed. Either spouse must file a “Dissolution of Marriage” petition. Whichever party starts the divorce action, they are called the “petitioner” while the other is known as the “respondent”.

Legally Serving Divorce Papers

California law requires the petitioner to legally serve the respondent with the Summons and Petition for Divorce. This can be accomplished by hiring a professional process server or carried out by the local sheriff?s office. The first part of the petition will state the grounds being sought for divorce. In California, a no-fault divorce can be obtained by citing irreconcilable differences or incurable insanity. Once the respondent has been served with the petition, he or she has 30 days in which to file a response. If the respondent fails to file an answer to the complaint, the court will assume the he or she agrees to all the terms outlined. The second part of the petition will deal with child custody and support, spousal maintenance and how the couple?s debts and assets will be divided. Some courts will issue temporary orders if either party is requesting immediate financial support or a temporary restraining order. If a response is filed, the court will schedule a hearing date.

Child Custody and Support Issues

In many divorce cases, the spouses don’t often agree on issues such as child custody. One spouse may need immediate financial aid or an order of protection. When these types of issues need to be heard by the family court, an Order to Show Cause (OSC) petition must be filed. If the parents cannot agree on child custody terms, they will be required to complete Custody Mediation before the first hearing date. Once both parties can agree on all the terms and conditions of the divorce, they must complete a Marital Settlement Agreement. This document outlines how all community property, assets and debts will be divided between the couple. The timeline for a divorce in California can vary greatly depending upon the couple?s circumstances. However, there is a six-month waiting period in the State before a final divorce decree can be granted.

Why You Need a Legal Divorce Professional

The divorce laws in California can change quite often and understanding how these will affect your case is extremely important. Please contact the professionals at the Rupprecht Law firm to find out how we can help.

Top 5 FAQ about getting a Divorce in California

Ending a marriage is a very stressful and painful experience. You might feel like your world is caving in, and you do not know where to turn. If you are going through a divorce, one of the first things you need to do is contact a divorce attorney in San Ramon. At Rupprecht and Law, we will be compassionate and understanding, and we will help you get through this difficult time, so you can move on with your life. If you are seeking a divorce in California, here are the five most frequently asked questions.

1. What is a legal separation?
A legal separation is much similar to a divorce except you are not permitted to remarry. With a legal separation, there are no residency qualifications.

2. How much will it cost?
You will first need to file with the court, and this cost a little over $350. However, the attorney fees will be your main payment. Normal divorces in California range from $1000 to $10,000, depending on the type of divorce and whether or not children are involved. At Rupprecht and Law, we will work with you to come up with an affordable payment plan.

3. Can I obtain spousal support?
A divorce attorney in San Ramon will file a motion asking the court to help settle the issue of spousal support. The court will make a decision based on your circumstances.

4. Will I get half of all assets?
California operates under community property laws, so the property that was obtained during the marriage will be divided equally after the divorce. Exceptions can occur, so your attorney can help make sure you receive the property that you deserve.

5. Will I get custody of the children?
California law states that children should have contact will both parents unless there is a health or safety issue.

Things To Keep In Mind When Filing For Divorce In California

A person who’s undergoing a divorce in California, or anywhere else, will need to keep several things in mind while they go through the process. It is not a time to act out of raw emotion, and taking on a law firm like Rupprecht Law can help a person to see clearly and rationally. Rupprecht has years of experience guiding people who are going through a divorce. They’re always focused on getting the best outcome for their client and their client’s children.

Among the things a divorcing person needs to keep in mind are to heed the strictures of the restraining order. When a divorce in California is filed, restraining orders automatically go into effect. One of them is that a spouse will need to get the other’s permission and the permission of the court to take their minor children out of state. The spouse should make sure that they obtain this permission, even if he or she finds it onerous. A person can be charged with kidnapping their own children.

The spouses should also not attempt to hide their assets so the other spouse can’t claim a share in them. Hidden assets are likely to be uncovered one of these days, and whoever attempts it will have to answer to the court. A corollary to this is for the spouses to be as honest as possible, both to their lawyers and to the court. Lies can be hard to keep straight.

The spouses must be careful to be civil to one another. Though it’s tempting not to be, this is especially important if the couple has children. Engaging in any sort of nastiness, whether through social media or even physical assault, will only damage the children. Again, Rupprecht Law firms are there to provide a calm perspective for their client. Neither they, nor any other reputable lawyer, are there for the purpose of destroying the other spouse, either financially, socially or psychologically.

Any client seeking a divorce in California should contact Rupprecht Law.

The Cost Of Divorce In California

Like any legal proceedings, the cost of divorce can vary widely from state to state and within the same state. The cost of divorce in California is no exception. Filing for divorce in California can be done for as little as $355.00 or can incur costs well into thousands of dollars, depending on how complicated and contested the divorce proceedings become.

For couples who agree on everything divorce related, have no children, have little or no debt or property, and do not hire attorneys, the cost of divorce in California remains on the low end of $355.00 to $400.00, the general amount of filing fees only. This would be classified as a summary divorce in the state of California. A summary divorce occurs without a hearing or trial and moves fairly quickly, another factor in keeping the cost low.

For couples who do not agree on everything, who have children, or who may have large amounts of debt or property, the initial filing fee of $355.00 to $400.00 is only the beginning of the cost of divorce in California. This type of divorce would be classified as a regular divorce and will often require a hearing unless both parties choose otherwise. If one party files for divorce and the other party does not respond, the divorce is considered uncontested and will likely be resolved more quickly and cheaply. However, if the other party chooses to respond, the divorce is considered contested and will initially require further filing fees. The cost of divorce in California can then increase based upon the costs of copying, notarizing, and serving papers, as well as the cost of hiring an attorney. Generally, hiring an attorney can increase the cost of divorce by a range of $1000 to $10,000 or more, depending on whether the attorney charges a flat fee or charges by the hour.

Divorce Checklist – Top 10 Tips

Getting a divorce is a difficult process even in the best circumstances. For many people divorce happens under difficult circumstances. To help make it a bit easier, here are the top ten tips for getting a divorce in California:

  • Divorce becomes more difficult if both partners do not agree. When one party gets surprised by divorce papers, a difficult time can become a battlefield. Your divorce lawyer in San Ramon can help you make this easier.
  • Keep the children in mind at all times. In families with children, divorce involves everyone, not just the couple divorcing.
  • In California, you need to be a resident for at least six months before filing for divorce. Know your dates before you file.
  • By law, it takes six months for divorce to go through in California.
  • California is a community property state. All debts and assets acquired during the marriage are equally shared by both parties with noted exceptions.
  • Both partners need to have copies of all pertinent documents. If you plan on filing for divorce, make sure you keep copies of everything.

When thinking about divorce it is smart to start getting correspondence sent to another location. Many choose to have it sent to their work, a relative’s house, or a post office box.

Know where all the marital assets are before filing for divorce. If one spouse controls the finances, the other spouse should still know where everything is and how to access it.

It is always in the best interests of the divorcing parties to negotiate things outside the courtroom. Your divorce lawyer in San Ramon can help with negotiations. A judge will use different criteria in determining child custody, child support, alimony, and property division.

Have a good attorney at your side. You can find a good divorce lawyer in San Ramon to help you.