I am preparing to divorce my husband of 5 years. We own a small business together in Anaheim Hills, California. What are my legal options as to how my spouse and I can divide the business?

It is important to know that in the State of California in general, all property acquired during the marriage of community property, meaning that each party is entitled to one-half [the exception to this rule are gifts or inheritance, which remain the separate property of the recipient].
Community property includes not only property, furniture, bank accounts and vehicles, but also includes any businesses that you or your spouse own. There will be an equitable division of all business(es), meaning that both parties are entitled to one-half of the value of the business(es). One party can buy out the other party’s interest in the business by paying one-half of the value of the business to the other party. If the parties do not agree on the value of the business, they may agree to hire a forensic accountant/expert (or seek a Court order appointing a forensic expert) to determine the value of the business. Another option is to sell the business and divide the proceeds equally between the parties.
One party may have a separate property interest in a business, if they started that business prior to the marriage or if they inherited a business. It is likely that an expert would have to determine the value of the party’s separate property interest, if there is any.

If you have any questions about uncontested dissolutions or need legal advice in the family law realm, please contact The Law Office of Laurel Peniche Gartman at (714) 283-2811.
As a Certified Family Law Specialist, Laurel Peniche Gartman has been practicing Family Law for over 28 years in Orange County, California.
This post/website is provided as a resource for general information for the public. The information on these web pages is not intended to serve as legal advice or as a guarantee, warranty or prediction regarding the outcome of any particular legal matter. The information on these web pages is subject to change at any time and may be incomplete and/or may contain errors. You should not rely on these pages without first consulting a qualified attorney.

Can I take my kids out of California during a Divorce?

During a divorce, a parent can take a child out of California if and only if the other parent consented through writing or the court issues an order permitting that to happen. The rules of parenting when it comes to travel with children change as soon as one of the parents files for divorce. The travel of the kids out of California during a divorce can be looked at in two dimensions. First, the Court has to ensure the kids are safe and second, to keep both parents of the divorce on an equal balance. This is to ensure no parent has an advantage over the kids prior to divorce.  Again, a parent is not allowed to move out of the area with the children without a written agreement between the parties or a Court order.

There are different circumstances in every situation. If you have been served with divorce papers by your partner, and you are thinking of moving your kids out of California (or even out of the area), it’s advisable to stop your plans and consult a Family Law Attorney, who can assist you with the right steps to take.

If you have any questions about uncontested dissolutions or need legal advice in the family law realm, please contact The Law Office of Laurel Peniche Gartman at (714) 283-2811.
As a Certified Family Law Specialist, Laurel Peniche Gartman has been practicing Family Law for over 28 years in Orange County, California.
This post/website is provided as a resource for general information for the public. The information on these web pages is not intended to serve as legal advice or as a guarantee, warranty or prediction regarding the outcome of any particular legal matter. The information on these web pages is subject to change at any time and may be incomplete and/or may contain errors. You should not rely on these pages without first consulting a qualified attorney.

Must a husband and wife live apart in separate households when a divorce complaint is filed?

No, it is not required that a husband-and-wife live apart in separate households, when a divorce complaint is filed. But continuing to reside together can affect the date of separation which is the date at which most community assets and debts will be divided. It is very difficult for either party to live separately after filing a dissolution of action due to financial constraints and Custody issues. Your attorney can help you determine the best course of action is for you.

If you have any questions about spousal support or need legal advice in the family law realm, please contact the Law Office of Laurel Peniche Gartman at (714) 283-2811. 

As a Certified Family Law Specialist, Laurel Peniche Gartman has been practicing Family Law for over 28 years in Orange County California.  

This website is provided as a resource for general information for the public. The information on these web pages is not intended to serve as legal advice or as a guarantee, warranty or prediction regarding the outcome of any particular legal matter. The information on these web pages is subject to change at any time and may be incomplete and/or may contain errors. You should not rely on these pages without first consulting a qualified attorney.

How long does it take for a divorce to be final?

The soonest a divorce can be final is six months and a day from the date the respondent is served with the petition. However, the divorce is not automatically final after this six-month period. A divorce can only become final once a judgment is entered. In other words, the parties have agreed to all terms or the court has ruled on all of the terms. A judgment will encompass all issues and contain all orders. The Six month timeframe is only realistic if parties can come to a settlement and agree on all terms very soon after filing the petition. If there are a lot of contested issues, and discovery, and court litigation is necessary, it can take much longer than six months to finalize the divorce. In a long drawn-out dissolution, an option is to bifurcate the status of the parties, before the dissolution is final. In other words, to request that the court terminate the status of the marriage before the trial.

If you have any questions about spousal support or need legal advice in the family law realm, please contact the Law Office of Laurel Peniche Gartman at (714) 283-2811. 

As a Certified Family Law Specialist, Laurel Peniche Gartman has been practicing Family Law for over 28 years in Orange County California.  

This website is provided as a resource for general information for the public. The information on these web pages is not intended to serve as legal advice or as a guarantee, warranty or prediction regarding the outcome of any particular legal matter. The information on these web pages is subject to change at any time and may be incomplete and/or may contain errors. You should not rely on these pages without first consulting a qualified attorney.

How does adultery affect spousal support in California?

In general, adultery does not affect spousal support (previously referred to as alimony) in California.

California is a no-fault state; you can get a divorce for either one of two reasons: 1) irreconcilable differences; 2) permanent legal incapacity to make decisions.

In Court, it does not matter who had the affair or what caused the marriage to fail (with the exception of domestic violence convictions, which can affect spousal support). The Court does not even take into consideration whether your spouse has been unfaithful in the marriage or if he/she has had multiple other partners during the marriage.

To determine the issue of spousal support, the Court looks at a number of factors such as the length of marriage, lifestyle of the marriage, ability to pay spousal support, the need for spousal support, etc. However, adultery is not one of the factors.

If you have any questions about spousal support or need legal advice in the family law realm, please contact the Law Office of Laurel Peniche Gartman at (714) 283-2811. 

As a Certified Family Law Specialist, Laurel Peniche Gartman has been practicing Family Law for over 28 years in Orange County California.  

This website is provided as a resource for general information for the public. The information on these web pages is not intended to serve as legal advice or as a guarantee, warranty or prediction regarding the outcome of any particular legal matter. The information on these web pages is subject to change at any time and may be incomplete and/or may contain errors. You should not rely on these pages without first consulting a qualified attorney.

What happens to retirement funds and 401(K) plans in a divorce?

Typically, all community property interest earned during the marriage and any retirement plans, will be divided equally between the parties. There will need to be a separate order made in order to accomplish this, that is called a Qualified Domestic Relations Order (or QDRO, pronounced "cue-dro"). This is a requirement for the majority of retirement plans in order for the plan administrator to divide the retirement. There may be some separate property issues, as one party may have had an interest in the plan before marriage. That will all be taken into consideration when the QDRO is prepared. The QDRO would be prepared by an attorney that specializes in the preparation of QDROs, after the judgment has been entered. There will be an additional fee associated with having a QDRO prepared. A QDRO is not necessary to divide most IRA plans. In the alternative, a retirement plan can be valued and then be awarded to one party and offset with another asset awarded to the other party.

If you have any questions, please contact the Law Office of Laurel Peniche Gartman at (714) 283-2811. As a Certified Family Law Specialist, Laurel Peniche Gartman has been practicing Family Law for over 27 years in Orange County California.  

This website is provided as a resource for general information for the public. The information on these web pages is not intended to serve as legal advice or as a guarantee, warranty or prediction regarding the outcome of any particular legal matter. The information on these web pages is subject to change at any time and may be incomplete and/or may contain errors. You should not rely on these pages without first consulting a qualified attorney.

Will I have to go to Court at any time during my divorce?

The answer is, it depends. If the parties come to an agreement on all of the issues, No, you will not need to appear in court. Your attorney can prepare a stipulated order, everyone can sign it and it can be filed and made an order of the court, without a court appearance. However, If there are any disputed issues, in other words, if you and the other party do not agree on every issue, then yes, it is likely that You will need to make a court appearance at the hearing. You will need to present your case before Judge, and you will need to testify about the facts surrounding the issues that the parties are disagreeing about. This way the court can hear all of the issues and make a ruling on your matter.

If you have any questions, please contact the Law Office of Laurel Peniche Gartman at (714) 283-2811. As a Certified Family Law Specialist, Laurel Peniche Gartman has been practicing Family Law for over 27 years in Orange County California.  

This website is provided as a resource for general information for the public. The information on these web pages is not intended to serve as legal advice or as a guarantee, warranty or prediction regarding the outcome of any particular legal matter. The information on these web pages is subject to change at any time and may be incomplete and/or may contain errors. You should not rely on these pages without first consulting a qualified attorney.

How much will it cost to file for divorce?

The current court filing fee, for each party in a dissolution action is $435. This fee is paid to the clerk of the court when you file your initial paperwork. The attorney fee retainer typically runs between $5000 and $10,000 depending on the complexity of the case and the extent of the contested issues. However, this is just the initial fee retainer; depending on the issues of your case, the final cost can be much higher. It is difficult for an attorney to give any client an estimate on how much the cost of the divorce will be, as there are so many unforeseen variables that could arise. Obviously, the more the parties can agree upon the issues, the less attorney fees will be. There may be other fees associated with experts that maybe needed in your case. For example, minors counsel, a 730 evaluation for forensic experts, for custody or business valuation for cash flow. These fees vary.

If you have any questions, please contact the Law Office of Laurel Peniche Gartman at (714) 283-2811. As a Certified Family Law Specialist, Laurel Peniche Gartman has been practicing Family Law for over 27 years in Orange County California.  

This website is provided as a resource for general information for the public. The information on these web pages is not intended to serve as legal advice or as a guarantee, warranty or prediction regarding the outcome of any particular legal matter. The information on these web pages is subject to change at any time and may be incomplete and/or may contain errors. You should not rely on these pages without first consulting a qualified attorney.

What happens to our children when we separate?

The parties can agree on how they would like to share custody of their minor children. There are several different typical custodial schedules that can be followed; one party has primary custody, and the other party has alternate weekends and or midweek dinner or overnight visits. The parties can also share the week with what we call a 2-2-3 schedule, which means one party will have Monday and Tuesday, and the other party will have Wednesday and Thursday, and they will then alternate the weekends. Or lastly, the parties can share the minor children on an alternate weekend schedule. It is always better if the parties can agree, because they know their children best and they know their schedules and what would be best for their family, more so than the judge does that does not even know them. However, if there is a dispute, you can file a request for order to schedule a court hearing on the issue. The court requires both parties to attend mediation prior to any custody hearing, to attempt to resolve the issues. If the parties are unable to reach an agreement in mediation, the court will make a determination of custody and visitation. The best interest of the children is always the court’s focus. Also, the court strives to ensure that all children maintain frequent and continuing contact with both of their parents. If the parties are greatly disagreeing about custody and visitation issues, the court may appoint an attorney to represent your children. Lastly, the court may order an evidence code section 730 custody evaluation, where an expert is employed to evaluate the family and make recommendations to the court regarding custody and visitation.

If you have any questions, please contact the Law Office of Laurel Peniche Gartman at (714) 283-2811.
As a Certified Family Law Specialist, Laurel Peniche Gartman has been practicing Family Law for over 27 years in Orange County California.  

This website is provided as a resource for general information for the public. The information on these web pages is not intended to serve as legal advice or as a guarantee, warranty or prediction regarding the outcome of any particular legal matter. The information on these web pages is subject to change at any time and may be incomplete and/or may contain errors. You should not rely on these pages without first consulting a qualified attorney.

Question: I was married in Arizona but now I live in Anaheim, Orange County, CA. My husband is still in Arizona. Can I file for a divorce here in California?

Answer: You must reside in the state of California for at least six months, and in the county in which you are filing, for at least three months, prior to filing a petition for dissolution of marriage, which is a technical term for divorce. There might be jurisdictional issues however. 

If you have any questions, please contact the Law Office of Laurel Peniche Gartman at (714) 283-2811.

As a Certified Family Law Specialist, Laurel Peniche Gartman has been practicing Family Law for over 27 years in Orange County California.  

This website is provided as a resource for general information for the public. The information on these web pages is not intended to serve as legal advice or as a guarantee, warranty or prediction regarding the outcome of any particular legal matter. The information on these web pages is subject to change at any time and may be incomplete and/or may contain errors. You should not rely on these pages without first consulting a qualified attorney.

What is the difference between community property and separate property?

California is a community property state, meaning that all earnings and assets acquired during the marriage are community property, and each party is entitled to one-half. Likewise, both parties are equally responsible for all debt incurred during the marriage. All earnings, assets and debts incurred prior to the marriage or after the date of separation are the sole and separate asset or obligation of that particular party. Also, all assets that are inherited and received as gifts during marriage are separate property. It is the sole responsibility of the person to prove that that asset is separate property by providing documents and tracing the funds and assets through the marriage. The parties also may make agreements regarding their separate property. That is why it is always important to keep good records throughout the marriage.  

If you have any questions, please contact the Law Office of Laurel Peniche Gartman at (714) 283-2811.
As a Certified Family Law Specialist, Laurel Peniche Gartman has been practicing Family Law for over 27 years in Orange County California.  

This website is provided as a resource for general information for the public. The information on these web pages is not intended to serve as legal advice or as a guarantee, warranty or prediction regarding the outcome of any particular legal matter. The information on these web pages is subject to change at any time and may be incomplete and/or may contain errors. You should not rely on these pages without first consulting a qualified attorney.

How will our property be divided?

All community property will be divided equally between the parties. This does not mean that all assets will need to be sold, each party can be awarded certain community property assets and debts the calculation will be done to determine the total value of the assets awarded to each party. If the division is not equal, then the party receiving a higher value of the assets will owe some money to the other party. One half of the difference between the total value of the assets awarded each party. This is called an equalization payment. It is also an option to sell certain assets, For example your house, boat, vehicle, and divide the proceeds equally between the parties. There a number of different options when dividing community property, your attorney can help you determine what type of division is in your or your family's best interest.

If you have any questions, please contact the Law Office of Laurel Peniche Gartman at (714) 283-2811.
As a Certified Family Law Specialist, Laurel Peniche Gartman has been practicing Family Law for over 27 years in Orange County California.  

This website is provided as a resource for general information for the public. The information on these web pages is not intended to serve as legal advice or as a guarantee, warranty or prediction regarding the outcome of any particular legal matter. The information on these web pages is subject to change at any time and may be incomplete and/or may contain errors. You should not rely on these pages without first consulting a qualified attorney.

What is the process for getting a divorce in California?

The first step in a divorce is to file a Summons and Petition for Dissolution of Marriage and have it served on the other party; the other party will have 30 days to respond. Both parties will need to serve Declarations of Disclosure on the other party, disclosing all of their assets and debts. Thereafter, you can either come to an agreement regarding all issues, for example child custody, visitation, support, divisions of assets and debts. Or the parties do not agree on all of the terms, a hearing will be necessary and the Court will need to hear the matter and rule on all of the disputed issues and make orders. A party may file request for order, which will put a hearing on calendar in front of the Judge to make interim orders. In order to finalize the matter, an At Issue Memorandum must be filed with Court to start the process of getting a trial on calendar. At this time, there will be a hearing, testimony will be given, evidence will be entered. And the Court’s orders will be incorporated into a typed formal judgement. Typically, this is when your marital status will be terminated.

If you have any questions, please contact the Law Office of Laurel Peniche Gartman at (714) 283-2811.
As a Certified Family Law Specialist, Laurel Peniche Gartman has been practicing Family Law for over 27 years in Orange County California.  

This website is provided as a resource for general information for the public. The information on these web pages is not intended to serve as legal advice or as a guarantee, warranty or prediction regarding the outcome of any particular legal matter. The information on these web pages is subject to change at any time and may be incomplete and/or may contain errors. You should not rely on these pages without first consulting a qualified attorney.

What is the difference between a legal separation and a divorce in California?

The major difference between obtaining a legal separation and obtaining a divorce is that in a legal separation your marital status will not be terminated. A legal separation will not change your marital status, and you will not be able to remarry while you are legally separated. However, in a legal separation, you still must go through the same process as undergoing a divorce, such as dividing community property assets and debts. Also in a legal separation, there is no residency requirement, meaning that you can file for a legal separation no matter how long you have resided in the State of California. Divorces require that you live in the state for a minimum of six months. The most common reasons couples choose legal separation over divorce are: To allow the parties more time to see if a divorce is really what they want; Or if reconciliation is possible after some time apart; They do it for religious reasons; So that one party can remain on the other’s health insurance policy; To retain tax or military benefits; Or to wait until they meet the residency requirement of living in the State of California for at least six months. 

If you have any questions, please contact the Law Office of Laurel Peniche Gartman at (714) 283-2811.
As a Certified Family Law Specialist, Laurel Peniche Gartman has been practicing Family Law for over 27 years in Orange County California.  

This website is provided as a resource for general information for the public. The information on these web pages is not intended to serve as legal advice or as a guarantee, warranty or prediction regarding the outcome of any particular legal matter. The information on these web pages is subject to change at any time and may be incomplete and/or may contain errors. You should not rely on these pages without first consulting a qualified attorney.