Our Blog

Do You Have the Right to See Your Grandchildren?

The state of California provides grandparents with certain rights, but what do those rights include? Do you have the right to see your grandchildren if their parent or guardian doesn’t want you to? How do you enforce your rights?

An experienced family law attorney can help you define and enforce your rights in various situations. The facts of each case often determine what rights are available, but here are some general guidelines.

Grandparents’ Rights are More Limited Than They Used to Be

Courts in California frequently used to award grandparents the ability to visit with their grandchildren even if the children’s parents objected and did not want the grandparents to be a part of the children’s lives. However, a decision by the U.S. Supreme Court required states to give more power to parents, ruling that parents have the final say when it comes to their children’s upbringing.

As a result, many states, including California, enacted new statutes imposing limits on the grandparents’ visitation rights. In some cases, grandparents also have the right to seek custody of their grandchildren, but those rights are also severely restricted.

Two-Step Process to Gain Visitation Rights

In order to be able to exercise the right to visit with your grandchild over the objection of the child’s parents, you need to satisfy two requirements. First, you must show that a situation exists that gives you the legal right to request visitation. Once you’ve satisfied the first element, then you must demonstrate that it is in the child’s best interests to grant you visitation rights. Because parents have so much control over their children’s lives, courts can only override their choices in very specific situations.

When a Grandparent is Allowed to Seek Visitation in California

To have the opportunity to demonstrate that grandparents should receive visitation rights, one of the following situations must exist:

  • The child’s parent (through whom the grandparents are related) has passed away
  • The child’s parents are divorced or living apart on an indefinite basis
  • One of the child’s parents has been gone for more than a month
  • One parent supports the grandparents’ request for visitation rights
  • A stepparent has adopted the child
  • One of the child’s parents is confined in prison or an institution
  • The child does not live with either parent

If a grandparent gains visitation but the condition that qualified them to apply for visitation ceases to exist, the parent who objects to visitation can ask the court to terminate the grandparent’s rights. If a child’s parent is deceased and the child has been adopted by someone other than a stepparent or grandparent, then the grandparent is not in a position to seek visitation.

Proving That it is in the Child’s Best Interests to Grant Visitation

The law presumes that it is not in the child’s best interests to award visitation to a grandparent when one of the child’s parents objects to that visitation. Therefore, grandparents need to work hard to overcome this presumption and show why visitation serves the best interests of their grandchild. It is important to focus on how the child will suffer if the relationship is lost, rather than focusing on any detriment to the grandparent. The court will make decisions on the basis of the child’s interests only, so it does no good to point out how the loss of the relationship affects the grandparents.

Specifically, the court will need to see evidence of a preexisting relationship between the child and grandparent, and that relationship must have created such a bond between them that removing that relationship would be detrimental to the child. Once a grandparent has established that such a bond exists, the court weighs the child’s interests in having continued contact against the objecting parent’s right to exercise parental authority.

Negotiating a Solution

In many cases, when a parent objects to visitation by a grandparent, filing a lawsuit only makes the relationships worse, and it can be harmful to the child in the long run. Often it works better to have an attorney or mediator help family members to reach their own agreement on the subject. Moderated discussions between family members often help everyone understand the underlying nature of the conflict so that they can resolve issues or reach a compromise that allows for continued positive relationships in the future.

Talk to Holstrom, Block & Parke APLC About How We Could Help You Gain the Right to See Your Grandchildren

A child’s life is enriched through contact with family members, including grandparents. At Holstrom, Block & Parke, APLC, our team of Certified Family Law Specialists understand the most effective methods to help grandparents remain a part of their grandchildren’s lives. We invite you to call us at 855-426-9111 or schedule a consultation online to learn more about the ways we can assist in gaining visitation rights.

Child Custody

Understanding ATROs in California Divorce

ATROs are such a regular component of divorce in California that attorneys often throw the term around, forgetting that many people don’t understand what ATROs are or how they operate. An ATRO is an essential protection during the divorce process, but if you do not abide by the terms and requirements, you can get into trouble.

ATRO stands for Automatic Temporary Restraining Order, and the California Family Code requires courts to include one in every divorce action, as well as in cases for legal separation and parentage. It is vitally important to understand how they work and what you need to do to comply with the terms. Your divorce attorney can review the specific requirements in your case, but here are some overall guidelines.

Freezing the Status Quo

As soon as one spouse signs the petition asking the court to end the marriage or establish legal separation, the law requires a temporary restraining order to be contained in the summons. Because this order is included in every case, it is referred to as “automatic” by divorce professionals. Unlike some court orders, this automatic temporary restraining order or ATRO imposes restrictions on both parties in the case.

The order essentially freezes the status quo during the course of the divorce proceedings in an effort to limit the ways one spouse can act to injure the interests of the other spouse. Restrictions involve three main areas: community property, children, and insurance coverage. There are exceptions to the provisions, and spouses sometimes abuse these exceptions, so it is wise to work closely with your attorney to develop other protective means if necessary.

Preserving Financial Assets

Once the ATRO is in place, neither spouse is supposed to sell, hide, or dispose of any property unless they get written consent from the other spouse or an order from the court. This is designed to keep spouses from damaging each other’s interests in property. However, it not possible for spouses to avoid spending any money during the divorce proceedings, so the law makes some exceptions:

  • You are allowed to spend resources for “the necessities of life,”
  • You are allowed to use resources in “the usual course of business”
  • You are allowed to pay “reasonable attorney’s fees”

In the case of the first two exceptions, a spouse is supposed to provide notice to the other party at least five business days before making “extraordinary expenditures” and to account to the court for those expenditures.

Keeping Children in the State

Another provision in the ATRO prohibits either parent from taking a minor child out of the state unless they have prior written consent from the other parent or they have obtained a court order allowing them to take the child out of state. In addition, a parent cannot apply for a new or replacement passport for a child without the other parent’s consent or a court order.

If a child is already out of the state when the ATRO is issued, the order does not require the child to be returned. Additionally, the ATRO does not restrict movement within the state.

Protecting Insurance Coverage

To preserve the status quo with regard to insurance coverage, the ATRO forbids spouses from making changes to any insurance policies that affect either the other party or the children of the couple. This includes:

  • Life insurance
  • Auto insurance
  • Health insurance
  • Disability coverage

Neither spouse can change beneficiaries, cancel a policy, remove a party of interest from a policy, or borrow against a policy.

Actions You Are Allowed to Undertake While an ATRO is in Effect

While it is important to be careful about doing something with your property or interests that could violate the ATRO, the law does specifically allow you to take certain actions. Many of these involve estate planning.

For instance, you are allowed to create, modify, or revoke your will. You are allowed to specify who you want to manage your estate and serve as guardian for your children, if necessary, and who you want to receive your property when you pass away.

You can also create any type of trust, such as a revocable trust used to bypass the probate process or an irrevocable trust to shield assets. However, you will need to wait until after the divorce is finalized to transfer property into the trust, because property is subject to classification and division during the divorce process. Finally, you can take certain actions with respect to property such as eliminating a right of survivorship or revoking a transfer, as long as you file and serve notice of the change before the change takes effect.

What Happens if You Violate the ATRO?

Many people do not pay attention to the specific terms in the ATRO, and they can end up violating the order unintentionally. Other times, a spouse may violate the order knowingly  hoping the court will not pay attention. Because courts cannot keep on top of every detail of someone’s life during the divorce process, it is possible that a minor violation might not be noticed, particularly since the exceptions in the law can allow someone to argue that they were acting within the scope of the order. If a violation causes a loss to the other spouse, that spouse could seek compensation.

If someone violates the ATRO in a serious way, such as emptying a bank account, then that person can face fines and sanctions for being in contempt of court and breach of fiduciary duty. Perhaps more importantly, they lose credibility with the court, and this can work against them when it comes to matters of property division and custody.

Remain Aware of Your Obligations and the Actions of Your Spouse

During the midst of your divorce, it is wise to comply with the terms of the ATRO so that you cannot be accused of wrongdoing. It is also wise to keep a close eye on accounts and policies to ensure that your rights are respected. If your spouse violates the order, bring the issue to your attorney’s attention so you can discuss the most advantageous response.

At Holstrom, Block & Parke, APLC, our attorneys have over 300 years of collective experience protecting the rights of clients in divorce, so we can help you comply with the ATRO and stay on top of any wrongdoing by your soon-to-be former spouse. For a confidential consultation to learn more about the ways we can protect you in divorce, call us at 855-426-9111 or contact us online.

General

Retirement Benefits in California Divorce

Because of California’s community property laws, many people believe the process of dividing marital property will be simple and straightforward. After all, the law generally splits these assets equally. So couples often assume that they will not need to expend much effort or thought on the process of dividing marital assets.

However, this assumption fails to take account of the fact that the process of classifying property as marital or separate can be complicated and contentious. Moreover, once they have determined the portion of assets that will be treated as marital, the logistics involved in dividing those assets are often complex and filled with regulatory requirements.

Dividing retirement benefits is one of the most complicated tasks in asset division in California. Because these assets usually represent a significant portion of a couple’s property and the assets have significant emotional value and such a tremendous impact on the future, the process of dividing retirement benefits can cause painful conflict and lead to dissatisfaction. The more you know about the process going in, the better prepared you will be to move forward with the right plan for the future.

Community Property Laws

It is well-known that California is a community property state when it comes to divorce. However, many people misunderstand the meaning of the term. They also forget that federal law often comes into play and that federal law overrides state laws.

In general terms, California community property laws specify that assets and debts acquired between the start date of marriage to the date of separation will be divided equally upon divorce. This is true even if it is property earned through only one spouse’s employment. But as with every general rule, there are exceptions.

Pensions are Complicated in Divorce

In many high-asset California divorces, employment compensation packages and retirement benefits form one of if not the most valuable set of assets at issue in the division of property. An employee may receive many types of benefits that could all potentially be treated as marital property, and pensions are among the most complicated to value and divide in divorce.

Pension benefits are a form of deferred compensation for services rendered during a spouse’s employment, or credits towards future income, to put it more simply. The employment contract will determine when an employee begins to earn those credits. Some employees start to start credit right at the start of employment while others must work a certain period to start accruing credits. The employee may earn credits but not have the right to take them until they become fully vested in the program. This could be a gradual process.

Pensions are different from an IRA or 401(K) plan or other defined contribution plan. In those types of plans, money contributed to the account by the employer or employee can be immediately accessed for borrowing or early withdrawal. With a pension, there is no money in an account. The monthly payments are based on the credits earned and are distributed upon retirement. They are often referred to as defined benefit plans in contrast with the defined contribution plans.

Courts have held that if the right to a retirement benefit accrues at least in part during the marriage (i.e. before separation,) then that benefit is community property and both spouses own an interest in it. The service that earned the benefit was provided during the marriage, thus earning the benefit during the marriage even though will not be paid out until years later.

Social Security Benefits are Governed by Federal Law

Like pension benefits, Social Security retirement and disability benefits are earned through work credit over time and paid out later as periodic payments when an employee reaches retirement age. However, these benefits are subject to federal law rather than California law. Federal law treats Social Security retirement benefits and disability benefits as an employee’s separate property rather than marital property. Social Security benefits are not transferable, nor can they be assigned by the wage earner. A divorcing spouse has no interest in the other spouse’s Social Security benefits.

However, the federal government will allow a divorced spouse to claim derivative benefits if:

  • The spouse who earned the benefits is eligible to claim retirement or disability benefits
  • The marriage lasted at least 10 years
  • The divorced spouse claiming benefits has not remarried
  • The divorced spouse claiming benefits is at least 62-years-old
  • The benefits the divorced spouse would receive based on their own work history are less than what they would receive through their derivative rights

If a worker’s former spouse receives benefits based on their work history, that will not reduce or in any way impact the benefits that the worker—or the worker’s new spouse—is eligible to receive. Both current and former spouses can receive derivative benefits equal to up to 50% of the worker’s benefit amount.

An Example Showing How Retirement Benefits Can Create an Imbalance in a Divorce

In the landmark case In re Marriage of Peterson, the California Supreme Court ruled that courts must divide community property according to state law and therefore split a wife’s pension even though they could not divide the husband’s social security. The court did note that the parties could have reached their own agreement that would have provided a more equitable outcome, so divorcing spouses need to be aware of any potential inequalities under the law and prepare to negotiate appropriately to protect their interests.

In the Peterson divorce, the difference between the state laws governing pensions and federal laws governing Social Security resulted in an imbalance against Annette Peterson. As a Deputy District Attorney for the county of Los Angeles, Annette was prohibited from contributing to Social Security because, as a county employee, she was a member of the Los Angeles County Employees Retirement Association (LACERA) Plan E, a defined-benefit retirement plan that paid a pension similar to Social Security.

In the LACERA plans, contributions came from the employer rather than the employees. So instead of contributing to Social Security, Annette kept her income and her employer contributed to her LACERA plan. The amount of benefits paid under the LACERA plan was based on the member’s age at retirement, amount of service credits earned, and the amount of final compensation.

At the time of the divorce, Annette had accumulated more than 14 years of service credits with a value estimated between $200,000 and $216,000. (Because the value is based on the estimate of what would be paid out during her retirement years, the value could not be established exactly because there was no way to predict how long she would remain alive collecting benefits.)

Based on Social Security calculations, the value of John’s Social Security benefits totaled $228,000. Annette argued that the laws governing LACERA pensions and the laws governing Social Security created an imbalance because while the spouses would split her retirement benefits evenly, her husband would receive all of his Social Security retirement benefits and she would receive none. She argued that this gave him 150% of the retirement benefits in the marriage and left her with only 50%.

The trial court ruled in the husband’s favor, so Annette asked the California Supreme Court to correct the imbalance. She suggested several options for creating an equitable solution, including awarding John less than 50% of her LACERA benefits. The Supreme Court affirmed the trial court’s ruling, citing the requirement under California law that community assets be divided equally in a divorce. Since Social Security is separate rather than community property, the court held it could not be divided but that the court was bound to divide property legally considered community property even though it created an unequal division overall.

The Supreme Court then reminded the parties that they were free to develop a more equitable solution not based on strict application of the law which the Court was bound to uphold.

Although since this ruling there have been some adjustments made to the laws to limit this type of imbalance in divorce, spouses and their attorneys need to be aware of the potential for inequitable results so they can strategize accordingly. Depending on the amounts paid into Social Security and the amount of the pension benefit, even with these adjustments, the Peterson case would have resulted in a similar outcome.

Keep the Balance in Mind When You Address Retirement Benefits in a California Divorce

Working with an experienced and savvy divorce attorney or family law mediator in California offers you an opportunity to create balance when the law does not. Both spouses lose when a case becomes contentious--even the spouse who appears to come out ahead in an equitable pension arrangement, as the husband appeared to do in the Peterson case.

Here’s why. The Petersons separated on February 17, 2010 and filed for divorce around that time. They agreed on all aspects of their divorce, including custody, child support, and the division of their other assets and debts. They could have resolved the divorce terms very quickly were it not for the disagreement over the division of the pension.

The issue was tried at the Superior Court (county level) and then appealed to the California Supreme Court. That Supreme Court Ruling was filed January 11, 2016. The Petersons endured nearly six years of uncertainty, court battles, and legal fees.

Because their case had to be tried, not once, but twice because of the appeal, the spouses probably spent well over $50,000 each in legal fees, in addition to other expenses. They had to deal with the stress of a court battle for nearly six years. Was it worth it?

Finding efficient solutions is often more valuable than the costs of fighting for what you feel is right and taking the gamble that it will all be worth it in the end, especially when there are children or grandchildren involved. Often, couples have enough resources to share, particularly in a high-net-worth divorce. The struggle emerges when the emotions or the law create a sense of unfairness.

No one should want to spend $100,000 or more on a divorce, but conflict can drag a case out, sometimes over retirement assets or other property worth less than the legal fees.

Fighting for “legal entitlements” and “the principle of the situation” can make any divorce more damaging than it needs to be. Limiting those damages by working towards a “win-win” agreement can have future rewards in the form of a faster divorce recovery for co-parents, other affected family members, business partners, and even future relationships. Mediation, negotiation, or the collaborative divorce process can help parties develop a cost-effective solution that divides retirement assets quickly and fairly.

Special Handling for Retirement Plans

While retirement assets in 401(k) and similar plans may be easier to value than pension plans, these assets still require special handling during a divorce and parties must be aware of potential tax consequences to keep the division equitable. Often these plans are funded with earnings contribution prior to taxation, so the tax will need to be paid when funds are distributed. The tax liability can be further deferred if the assets are handled properly but if not, one or both spouses could face a substantial tax bill after the divorce.

In addition, it is often necessary to prepare a qualified domestic relations order or QDRO in order to obtain a distribution from a retirement plan. This is a judicial order that is usually drafted by a team with specialized experience and presented to the court for approval. The QDRO will include the terms of the division that is part of the divorce so that the retirement plan administrators will be authorized to distribute funds to someone other than the employee who earned the benefits. The process of obtaining the distribution can take considerable time. Afterward, the spouse receiving the distribution may need to have a plan to roll over all or part of the funds to avoid paying taxes on those funds immediately.

Because of the complexity in distribution and the potential tax issues, it is important to work with a divorce attorney who can provide the advice and assistance you need to avoid delays, penalties, and problems.

Holstrom, Block & Parke Protects Your Interest in Retirement Benefits in a California Divorce

The bottom line is that even with the “50/50” community property division laws in California, the process of dividing assets can be very complicated, and you can be stuck with an inequitable result if you are not careful. Advice and representation from an experienced divorce attorney can make all the difference both during and after the divorce process.

At Holstrom, Block & Parke, APLC, our Certified Family Law Specialists and associates have over 300 years of collective experience helping clients reach the best outcomes in divorce and other family law challenges. Schedule a consultation with our team today to learn how we can protect your interests in retirement benefits and other aspects of your divorce.

Divorce

Can Alimony be Waived in a Prenup or Postnup?

California law can be surprisingly picky when it comes to determining the issues that can and cannot be predetermined in a marital agreement, particularly a postnuptial agreement. So, can spouses establish an agreement specifying that they will not seek alimony during or after a divorce? The answer depends on the circumstances surrounding the creation of the agreement and at the time of divorce.

Did the Spouse Waiving Alimony Receive Advice from Independent Legal Counsel?

Generally, two people can create a prenuptial agreement without the advice or assistance of an attorney. However, Section 1612 of the California Family Code specifies that provisions regarding spousal support—the official term for alimony—are not enforceable if the person who stands to lose from that provision was not represented by independent counsel at the time the agreement was signed. In other words, if the spouse who waived alimony in the agreement did not have their own attorney at the time of signing, then their waiver of alimony is not legally valid.

So, the first step to enable a spouse to waive alimony in pre or postnuptial agreement is to ensure that that spouse has advice from an independent attorney who is not also representing the other spouse.

Is the Alimony Provision in the Prenuptial Agreement Unconscionable as Applied?

The statutory section that requires a spouse to receive independent legal advice before waiving alimony also specifies that a waiver would not be enforceable if it “is unconscionable at the time of enforcement.” What does that mean?

The term “unconscionable” is a somewhat vague yet common legal standard courts use to set aside agreements or change outcomes that a judge finds to be grossly unfair. Sometimes, they describe something as unconscionable if it would “shock the conscience.” Essentially, the court will not uphold something the judge considers to be so unfair that it is simply wrong.

What makes a prenuptial agreement regarding alimony grossly unfair? That would depend on the circumstances presented. In one case, a prenuptial agreement provision that limited a spouse to $6,000 in alimony per month was invalidated as unconscionable. That was based on the fact that at the time of the divorce, the couple enjoyed a lifestyle that would have cost $37,000 a month for that spouse to maintain, and they also had six children. Had the couple enjoyed a more modest lifestyle, an agreement limiting alimony to $6,000 per month might have been considered reasonable, or at least not so unfair as to be invalidated.

With this in mind, even if a spouse is represented by independent counsel, the circumstances at the time of the divorce will determine whether a waiver of alimony will be accepted by the court.

Is the Agreement Enforceable?

For any provision in a prenuptial agreement to be enforceable, the agreement itself must be valid. It must be property signed and notarized, and both parties must have signed voluntarily and not under coercion. In addition, each party must have provided the other with full disclosure of their financial situation, including debts or they must have waived their right to disclosure in writing.

The law specifies that a premarital agreement will only be considered to have been executed voluntarily if the party against whom it is being enforced was represented by an attorney or expressly waived the right to legal counsel. Again, the law places great emphasis on the need for legal advice so that parties understand the rights they are potentially compromising in a prenuptial agreement. Moreover, the law also requires a party to be given at least seven days to consider the terms of the final agreement before signing.

Postnuptial Agreements

When a couple enters into a postnuptial agreement, they are altering the rights and obligations that have already been created by virtue of the marriage. Instead of affecting potential future rights, like a prenuptial agreement, the postnuptial agreement impacts existing rights. For that reason, courts scrutinize these agreements far more closely.

The court may consider waiver of alimony in a postnuptial agreement to be unfair, particularly if one spouse stayed out of the workforce to focus on the home. Courts will also look carefully for any signs of coercion.

Experienced Legal Guidance Helps You Achieve Your Goals for Alimony and Marital Agreements

The bottom line is that while it is possible to waive alimony in a prenuptial or postnuptial agreement, it can be difficult to enforce a waiver. When you are creating a marital agreement, great care must be taken to follow every requirement and establish terms that are not likely to be viewed as grossly unfair with respect to spousal support.

If you are interested in creating an agreement regarding alimony or you are concerned with the enforceability of a waiver already in existence, you can trust the experienced team at Holstrom, Block & Parke, APLC to protect your interests. Our Certified Family Law Specialists and associates are available to answer your questions—just schedule a consultation to get started.

Alimony

Qualified Retirement Plans Require Special Handling in Divorce

For many divorcing couples, the assets in retirement plans represent a significant portion of marital property. Both the process of valuing and dividing these assets can be extremely complicated.

As you develop plans for dividing assets in divorce, it is important to understand the value in current terms, the potential future value, tax consequences, and the special steps that must be taken to allow these assets to be allocated in divorce. Mistakes can lead to costly delays and unnecessary tax liability, so it is a good idea to work with legal and financial professionals who understand the special handling required for retirement assets, particularly qualified retirement plans.

Why Retirement Plans Add Complexity to Divorce

Employers frequently offer numerous types of retirement plans and compensation bonus plans as incentives to their valued employees. Some of these benefits become available right away, but others require the employee to wait until the interest is vested to attain full value. It can be quite a challenge to value and divide assets that are not fully vested. It is also difficult to ascertain the current value of a defined benefit plan that is not expected to pay benefits until a future date.

Moreover, many retirement plans are considered “qualified plans” under the federal Employee Retirement Income Security Act (ERISA) and these require special handling to avoid tax issues. Plans such as 401(k) plans, profit-sharing plans, 403(b) plans, and Keogh plans are considered qualified plans. Employers generally deduct pre-tax wages to invest in these plans, and taxation on the growth of the funds is deferred until the funds are withdrawn.

So, when assets are withdrawn to provide to a spouse in divorce, one or both spouses could be hit with a tax bill for the deferred taxes as well as a penalty for early withdrawal. However, this can be avoided with the right planning.

Using a Qualified Domestic Relations Order (QDRO)

Before the administrator of a retirement plan can release funds to a former spouse in conjunction with a divorce, they generally need a domestic relations order from the court that explicitly gives the spouse the right to receive a disbursement. If that order meets certain requirements, it is considered a Qualified Domestic Relations Order, generally known as a QDRO. When funds are withdrawn from a retirement account with a QDRO, both spouses can avoid immediate tax liability or early withdrawal penalties. However, funds received by the non-earning spouse may need to be reinvested into another retirement fund to avoid current tax liability.

A QDRO must be drafted carefully to contain elements that satisfy government requirements. A law firm or legal specialist typically prepares the order according to the terms of the divorce settlement and presents the order to the court for approval and execution. Once the court approves the order, then the spouse obtaining the distribution from the retirement plan will need to submit it to the administrator of the plan, and it may take considerable time for the plan to approve and pay out the funds. It is important to ensure that the terms of division in the divorce decree fit with the options allowed by plan administrators, or the order may need to be redrafted and distributions will be further delayed.

California law requires that in some cases, the administrator of the plan will need to be added as a party to the divorce through joinder before orders can be established. When this is necessary, it must be completed before the QDRO can be issued.

How Much of Your Retirement Plan Will You Lose in Divorce?

The amount of funds that will be removed from a retirement plan and disbursed to a spouse in divorce will depend on many factors. First, if the couple executed a pre- or postnuptial agreement that addresses retirement plan assets, the terms of that agreement will be followed over the default terms under the law.

If you don’t have an agreement, then retirement assets are subject to division as community property. The value of contributions to the plan made during the marriage and the value of appreciation during the marriage would be split equally between spouses. If your spouse also accrued retirement benefits during the marriage, you are entitled to half the value of those. So the amount you could see taken from your retirement plan will depend on how long you were married, how much value was added to the plan during the marriage, and how much your spouse may also have accrued in their own plan.

Holstrom, Block & Parke, APLC Works to Protect Your Interests in Retirement Assets

You worked hard to build up your retirement assets, and we want to help you protect your property. The experienced team at Holstrom, Block & Parke, APLC has over 300 years of combined experience safeguarding the assets of our clients in divorce, and we understand the intricate details that must be managed to secure the best outcome with respect to all assets, including retirement plans. For a confidential consultation to learn how we can protect your interests, contact our team today.

Divorce

What Does A Family Lawyer Do In California?

If you’re struggling with a family problem, someone may have recommended that you talk to a family lawyer. Or you may have a legal problem and wonder whether a family law attorney is best suited to meet your needs.

When you find yourself grappling with family issues that would benefit from legal guidance, a family lawyer in California can be your trusted partner. The Certified Family Law Specialists at Holstrom, Block & Parke, APLC offer a range of services to provide solutions and smooth transitions during turbulent times. Here we explore some of the many issues a family lawyer can help with in California.

Guidance and Protection During Divorce Procedures

A significant part of a family lawyer’s role involves guiding individuals through all stages of the divorce process. We assist in divorce preparation, filing divorce petitions, helping you understand your rights, and the most strategic way to approach asset division.

Beyond this, we aid in resolving disputes amicably and can help negotiate terms that favor you, creating a pathway to a smoother life going forward. The goal is to protect your interests and to ensure that the proceedings are fair and equitable, with a focus on establishing an advantageous foundation for your future.

Child Custody and Support in California

A central concern for parents who are separating or who never married is safeguarding the well-being of their children while establishing beneficial arrangements for custody and support. We negotiate and draft agreements for child custody and support designed to further your objectives while still prioritizing the best interests of your child.

We aim to develop arrangements that foster stability and nurturing environments for children with support obligations that fairly reflect financial needs and resources. Offering guidance through this emotionally charged process, we strive to achieve resolutions that stand the test of time and support your child's growth and development.

Spousal Support Negotiations in California

For many divorcing couples, a lesser-earning spouse needs support payments, at least on a temporary basis. We assist in evaluating the financial circumstances of both parties to establish fair spousal support agreements.

Whether you are seeking support or responding to a request to pay support, we focus on securing your financial stability. Additionally, we help with requests to modify existing support orders to reflect current financial circumstances, ensuring a fair and just arrangement that recognizes the economic realities of both parties.

Handling Pre and Postnuptial Agreements in California

Prior to getting married, couples can benefit from the exploration of the financial aspects of their union that is part of the process of creating a prenuptial agreement. This process requires couples to address financial issues they might avoid and which can lead to significant conflict later. We guide couples through the discussion of their financial situation and develop agreements to protect their family and business arrangements.

We also create postnuptial agreements after marriage to address changing circumstances or to clarify existing agreements. Our experienced team ensures that agreements are comprehensive and that they comply with California laws to avoid any future disputes.

Managing Complex Asset Division

Divorce entails a meticulous classification and division of assets, and this can prove challenging when holdings include executive compensation packages, unusual retirement benefits, closely-held businesses, commercial real estate, and other complex assets.

We understand the intricate issues involved in complex asset division, with a keen eye for details that might be overlooked. Aiming to secure a favorable outcome that respects your contributions and rights within the marriage, we strategize to reach a settlement that safeguards your financial future.

Assisting with Domestic Violence Cases in California

Our knowledgeable and empathetic attorneys assist victims of domestic violence, helping them secure the necessary legal protections through restraining orders and other legal avenues.

However, we know that statements and situations can be taken out of context, and we staunchly defend individuals wrongly accused of domestic violence, defending their rights and working to reach a positive outcome for the future.

California Family Law Mediation and Collaborative Divorce

Many couples enjoy the benefits that follow when they resolve their disputes cooperatively through mediation or collaborative divorce rather than traditional litigation. We facilitate this process, helping parties find common ground and arrive at mutually agreeable solutions that usually meet their needs much better than a decision handed down by a judge.

Contact Holstrom, Block & Parke, APLC

Navigating the intricacies of family law in California requires a steady hand and experienced guidance. Whether you are preparing for marriage, going through a divorce, battling for custody, or venturing into the adoption process, we are ready to assist.

Holstrom, Block & Parke, APLC offers comprehensive family law services tailored to your needs. Call us today at (844) 237-5791 or contact us online to schedule a confidential consultation with a dedicated family lawyer in Southern California.

General

Understanding Divorce and Stock Options in California

As you move through the divorce process in California, categorization and division of assets is crucial. One significant asset that often presents complexity is stock options. At Holstrom, Block & Parke, APLC in San Diego, we are here to help break down these complexities for you and ensure you receive the right allocation of assets.

The Basics of Stock Options in Divorce 

Stock options in a divorce are considered marital community property if they were granted during the marriage and before separation. This means they are subject to division. 

However, if they were granted after separation or before the marriage, they are generally considered separate property. Accurately categorizing stock options requires careful consideration of dates, grant conditions, and vesting schedules.

California’s Community Property Principle 

As a community property state, California dictates that assets and debts acquired during the marriage be shared equally between both parties. This includes income, real estate, and yes, even stock options. 

To fairly divide these assets, you need to understand their value, and the process can be complicated. It's essential to evaluate their worth accurately and equitably, whether it be through the intrinsic value method or the Black-Scholes model.

Assessing the Value of Stock Options

Accurately valuing stock options can be a challenging task due to their nature. Expert financial analysis will be needed to determine their present value and future potential. This process often involves appraisals and assessments of vested and unvested stocks, all of which need to be handled with precision and expertise.

Choosing the Right Strategy for Division 

Once the value of the stock options has been determined, the next step is to decide how to divide these assets. This could involve the immediate offset method, deferred distribution, or reserved jurisdiction. Weighing the pros and cons of each strategy is an integral part of reaching a fair division of assets.

Holstrom, Block & Parke: Your Partner in California Divorce Proceedings 

If you're facing a divorce involving complex assets like stock options in California, the process can feel overwhelming. But you don't have to manage alone. 

At Holstrom, Block & Parke, we're ready to offer the guidance you need. Our team has the knowledge and experience to help you navigate these complex matters. Call us today at (844) 922-0516 or contact us online to schedule a consultation with a divorce attorney in Southern California. Don't let the complexities of stock options in divorce proceedings overwhelm you. Let us help you work towards an equitable resolution.

Divorce

Addressing Marital Fraud in California Divorce

Handling the complexities of a divorce is never easy, and when marital fraud enters the picture, the situation becomes even more difficult. At Holstrom, Block & Parke, APLC, we understand the intricate details associated with fraud and the immense strain it can add to an already taxing process. 

It's important to spot signs of marital fraud early and address these issues head-on. Being proactive can impact the outcome of the divorce proceedings, ensuring a fairer and more equitable division of assets.

Signs of Marital Fraud

Marital fraud, also referred to as financial fraud in the context of marriage, is a serious matter. This term is used to denote situations where one spouse hides or misrepresents their financial assets to gain an unfair advantage during a divorce settlement. Marital fraud can take several forms, each of which can seriously impact the outcome of a divorce settlement.

Hiding Money or Assets: This is one of the most common forms of marital fraud. In these cases, a spouse may move money to an offshore account, buy property that they hide, or gift property to a third party with the understanding they will receive it back after the divorce.

Property Fraud: A spouse might transfer the ownership of property or real estate to a family member or friend to avoid having it included in the divorce proceedings. They might also undervalue the property or claim it as a business asset to protect it from division.

Investment Fraud: If one spouse has significant investments, they might not disclose these during divorce proceedings. Alternatively, they could underreport the value of these investments or transfer them to someone else.

Business and Income Fraud: A spouse who owns a business could manipulate the company's books to make it look less profitable, thereby reducing their financial obligation in a divorce. Similarly, a spouse could misrepresent their income, claiming it is less than it actually is to reduce alimony or child support payments.

The team at Holstrom, Block & Parke can know how to uncover and prove marital fraud. We have professionals with experience in financial forensics who can help identify hidden assets, undervalued properties, or deceptive business practices. We will also help you understand your legal rights and possible remedies. Remember, every situation is unique, and fraud in your situation might look considerably different. 

Holstrom, Block & Parke's Thorough Approach in Uncovering Concealed Assets

At Holstrom, Block & Parke, we employ a meticulous and systematic strategy to handle marital fraud cases. Our objective is to unveil any hidden or distorted assets. Here are some of the key tactics we utilize in our comprehensive approach to safeguard your interests:

  1. In-Depth Financial Analysis: We closely examine bank statements, credit card bills, tax returns, and more. We're on the lookout for irregularities that might reveal hidden income or assets.
  2. Business Record Inspection: Our team scrutinizes business records and investment portfolios. Our goal is to detect any unusual transactions that might indicate concealed assets.
  3. Lifestyle Assessment: By comparing a spouse's reported income to their spending habits, we can spot any inconsistencies. This can often reveal hidden wealth.
  4. Social Media Examination: We evaluate social media platforms for signs of unreported wealth, such as extravagant purchases or extensive travel.
  5. Property Investigation: We probe into real estate holdings and property acquisitions. Hidden wealth is often found in properties purchased under different names.
  6. Business Interest Review: We investigate business entities associated with the spouse. Assets can be concealed within these businesses to evade detection.
  7. Financial Investment Analysis: Complex financial investments can be manipulated to hide wealth. We're skilled at uncovering these deceptive practices.

Our approach combines these strategies to ensure a thorough investigation, helping to secure a fair and equitable divorce settlement.

Legal Ramifications of Marital Fraud in California

California law views marital fraud seriously. However, proving marital fraud is not an easy task. It requires extensive documentation, expert testimony, and potentially, private investigators. Furthermore, there can be legal repercussions for a spouse found guilty of marital fraud, including fines and potentially jail time. 

Therefore, it's crucial to have a knowledgeable and experienced legal team guiding you through this process. At Holstrom, Block & Parke, we understand how to safeguard your interests throughout complex divorce proceedings. 

Consult Holstrom, Block & Parke in San Diego, CA

Divorces tainted with marital fraud require careful handling to ensure a fair outcome. Your trust and confidence in our team means everything to us, which is why we will leave no stone unturned in the fight to protect your interests. You can count on us to uphold your rights and strive for the most favorable result.

In a California divorce, especially when marital fraud is suspected, legal procedures can become very complicated. If you believe your spouse may be hiding assets or otherwise attempting to manipulate the divorce outcome, you need a divorce attorney well-versed in these situations. Reach out to us at Holstrom, Block & Parke today at (855) 939-9111 to schedule a consultation with one of our skilled divorce lawyers in Southern California.

Divorce

Professional Legal Help

Our attorneys are waiting to help you

Call Now (855) 827-6639

Our Locations

Corona
1897 California Ave., Ste. 102
Corona, CA 92881

Newport Beach
4940 Campus Dr., Ste. A
Newport Beach, CA 92660

Temecula Valley*
40810 County Center Drive, Ste. 150
Temecula, CA 92591

Riverside*
3780 12th Street
Riverside, CA 92501

Vista*
380 S. Melrose Dr., Ste. 347
Vista, CA 92083

San Diego
3111 Camino Del Rio N., Ste. 950
San Diego, CA 92108

Riverside — Sandoval Legacy Group
4300 Latham Street
Riverside, CA 92501

Los Angeles*
500 N. Brand Blvd., Suite 2000
Glendale, CA 91203

*We do not receive postal correspondence at this address. Please send any desired material to our Corona office for review and distribution.

Name(Required)
Consent(Required)

logo
FB
twitter
instagram
youtube
linkedin

© Holstrom, Block & Parke, A Professional Law Corporation. All Rights Reserved

Privacy Policy | Terms of Use

Practice Areas

Divorce
Child Custody
Child Support
High Asset Divorce
Family Law
Mediation & Collaborative Divorce
Domestic Violence
Estate Planning & Probate
Wills & Trusts
Appellate Law

Quick Links

Our Attorneys
Webinars
Blog
Reviews
Video Center
Careers
Contact

Our Locations

All Locations
Corona
Newport Beach
Temecula Valley
Riverside
San Diego
Vista

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.