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.

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.