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Protecting Your Business Assets in a Divorce

Decades of hard work can go into the creation of a successful business and when a divorce puts your assets at risk, it can create a significant threat to your livelihood. Even if a company was founded before a marriage, your spouse may have legal grounds to claim that your business should be counted as community property. California’s laws regarding the division of property state that each spouse must receive an equal share of marital assets. If you do not take legal preparations, your business could take a substantial hit. Below, our blog outlines several strategies that you can use to safeguard your business interests in the event of a divorce.

  • Prenuptial and postnuptial agreements: If your business was created before a marriage, protect it by naming it as separate property in a prenuptial agreement. Similarly, you can protect a business that was created after a marriage through the use of a postnuptial agreement. “Postnups” have the greatest chance of success when written well before a divorce is ever on the horizon. These agreements can state early on what portion of a business if any a spouse may be able to claim upon divorce.
  • Give up other assets: The laws in California dictate that the total value of assets received by divorcing spouses must be equal. As the owner of a company, you may be able to retain control of your business if your spouse receives equal compensation through other assets. You may consider sacrificing your claim to any sizable investment, retirement, or insurance accounts in exchange for your business assets.
  • Separate business and personal finances: While assets that were acquired or created before a marriage are typically considered separate property, investing marital assets into an otherwise separate business, which is regarded as commingling assets, can cause complications. separate business (this is called co-mingling assets) can introduce complications. For example, if a business owner were to use shared income to purchase company supplies, a spouse can claim that part of the business has undergone transmutation by becoming community property. Maintaining complete and accurate records of all business-related transactions can help to substantiate your claims in the courtroom.

Help for Business Owners Working through Divorce

When it comes to protecting your business interests in a divorce, it pays to take legal action as soon as possible. If you are currently working through or anticipating the end of a marriage, do not waste any time in contacting Holstrom, Block & Parke, APLC.

Our Southern California divorce attorneys have substantial experience representing clients in high-asset divorce and understand the unique problems you may face as a business owner.

Call (855) 939-9111 and schedule a free phone consultation to get more than 300 years of collective experience in your corner.

After Divorce / Divorce / Money, Property & Support

Are You Holding a Grudge after your divorce?

Holding on to anger, resentment or bitterness toward your ex is only hurting yourself. We all know that deep down, but letting go of our feelings is easier said than done. You’ve been dwelling upon that grudge against your ex that’s buried deep within you for many years. Or maybe you feel like you have moved on. How can you be sure?

Author Rosalind Sedacca recently outlined three ways we can determine if we’re holding on to a grudge:

  1. Passive-aggressive behavior: You tell yourself you’re “over it” so your actions are subtle, yet you’re always finding ways to slightly “get back at” your ex. We all know what passive-aggressive looks like, but can we admit when we’re acting that way?
  2. Sarcastic remarks: Do you find yourself constantly being sarcastic around your ex? Is it to a much higher level than when you’re around other people?
  3. Being short: If you’re constantly “being short” with your ex, you’re coming across as annoyed or intolerant. You clearly don’t enjoy being around that person and you’re still upset at what happened in the past.

Ask yourself if these actions ring a bell. If you’re acting this way around your ex regularly, you’re probably still holding a grudge. And you know as well as we do that once the divorce is over, your grudge is only hurting yourself… not you ex. Let it go.

After Divorce

Child Support For Special Needs Children

Divorce is an emotional experience for both parties. The challenges become even greater when the parents have a child with special needs.

Is a special needs child entitled to receive extra child support? What are the best interests of the child?

It is the right of every child to have high-quality, safe and nurturing child care because all child have special needs. However, some children, because of physical or learning disabilities, may require extra support in the child care setting.

Both parents have a legal obligation to support their children until they reach the age of majority or finish high school – under most, but not all circumstances. Issues surrounding financial support can be complicated and will be taken into consideration when determining how long the non-custodial parent must make payments.

When your child has special needs, the amount of child support may be higher and last longer than for a child without special needs; support payments may be required until the child reaches adulthood.

When your child turns to adulthood, the court determines whether or not he or she is disabled for support purposes. If the individual is unable to fully support him or herself due to a physical or mental disability, the non-custodial parent may be ordered to continue payments.

It is important to realize that unlike other child support orders, when there is a special needs child involved, child support for that child may not be terminated when the child reaches 18.

If you are the parent of a special needs child and have questions regarding his or her child support payments, seek the help of an experienced family law & divorce attorney to best guide you in the process and answer any doubts as well as help you ensure what is in the best interest of your child.

Contact the family law offices of Holstrom, Block & Parke. The OC Attorneys to discuss your concerns about your special needs child, and guide you through the child support/ child custody process.

After Divorce / Child Support

Finding Yourself - Life after Divorce

Moving on with your life after your divorce is a challenge. It forces life event changes – whether you like it or not. You have gone through a major loss and the healing process may take some time. However, there IS life after divorce. Life after divorce is a process of moving on and finding yourself. It could be filled with the unknown but it could also have excitement. At this very moment, you may think your world is coming to an end – you are lonely, depressed, angry and just about ready to give up. You may even feel overwhelmed with issues and other arrangements set by the judge such as money, children, downsizing your family home, and who you are ‘in the now’. Hold on. Things will turn around and you, one day, will feel great – even– better than great. Once you get through the divorce process – the legal, financial and emotional aspects involved – things will get better.

Below are some helpful hints to help you feel encouraged – not discouraged:

  • Find a friend to talk to – share your feelings about what is happening
  • Write your feelings on paper – talk about your day
  • Hit the delete button on revenge – there is no place for revenge, especially when you need to concentrate on the future
  • Focus on your job – it’ll take your mind off divorce
  • Do stuff you wouldn’t do before – broaden your horizons – take a dance class or vacation
  • Be social – don’t stare at the four walls or the television screen

Even though you are no longer part of a couple, you are still a complete person. Take the time to find that new person and make yourself your number one priority.

Don’t Get Caught Off Guard

Life after a divorce is separation is going to be different. Different can be good, different can be bad… but either way it’s change and it can be hard to deal with. Lee Sears at DivorcedMoms recently wrote a post of the most surprising things post-divorce that she wasn’t expecting. We thought this information could be helpful so you’re not caught off guard by some of the life-altering changes:

  • You can do more than you think. You might feel like your ex handled finances, house repairs, cooking, etc. and that you’re helpless, but you’re anything but that. You can learn if you try, and when push comes to shove you’ll make yourself do it. There are always YouTube tutorials!
  • Friends aren’t forever. As much as we all wish they were, you’ll lose friends during the divorce process. Some for good reason, and many for not… it will happen. Don’t let it get you down. Think of it as an easy way to weed out the people who aren’t friends you want anyway.
  • Good men have boundaries. Men worth your time will tell you right away if they’re married. They do this as a sign of respect to their wives and because they know you’re single. If they don’t say, they may be a cheater… or they’re single and good luck.

If you are dealing with a divorce case or want another look to a finalized divorce case consider the law offices of Holstrom, Block & Parke, we offer the experience and understanding needed with such sensitive matters. Because this is a life changing experience we know the last thing you want is to be stressed, we have the resources you need to help you and your family cope and be able to live happily under the new circumstances. We will fight to protect you’re interest we know that the outcome is very important and it will reflect years to come in your life.

We are proud of our reputation for providing personalized service to every client. Our attorneys treat you like a person, not a case number. We understand that you are facing serious legal issues and it is our job to help you resolve them in the most efficient and beneficial manner possible.

After Divorce / Divorce / General

How Can Women Increase Their Income After Divorce

Divorce affects everyone differently. For the lucky few, divorce is a relatively pleasant experience. Some individuals are able to amicably wrap up their relationship and move on. For others, divorce can be a tedious and stressful process. Individuals can get to such an unhealthy point in their relationship that they want to fight over every asset and issue surrounding the divorce, almost as if for sport.

Regardless of the type of divorce you are going through, there is often some stress related to the unknown because imagining life after divorce is impossible. On top of worrying about issues such as your future living situation and the effect that divorce may have on your children, there is almost always stress surrounding finances.

A lot of stress regarding finances can be overcome by increasing your income. Some of us are stay at home moms and some of us work either part-time or full-time; but even for those of us that work full-time, our family’s total income has likely decreased because we no longer have our ex-spouse’s income coming in. But how can we, as women, increase our income?

First, sit down and write out what marketable skills you have. It is important to actually write down what skills you have so that you can create a plan for yourself moving forward. Even if you did not work during the marriage, it is still likely that you have marketable skills. For example, a stay at home mom that helped volunteer as a team mom or helped coach her daughter’s soccer team has plenty of marketable skills. That individual has experience working with children, has the ability to coordinate events, has experience dealing with unruly parents, and has the ability to both lead and be a team player. These skills will transfer into a plethora of job opportunities that are not necessarily limited to the realm of sports. While applying for a job at a sports complex or getting paid to coach are some of the more obvious options, these marketable skills will also transfer well into other fields such as an event planner, babysitter, or customer service representative.

Second, look at your schedule and write down the realistic hours that you have available to work. It may be the case that you only have a couple hours on the weekends when your ex-spouse has parenting time. Or, it may be the case that you have to work from home. Regardless of how little “extra” time you have to work, any extra work you do will lead to an increase in your income and a decrease in your stress.

Third, start actively looking for a job. If you do not look for a job, be certain that a job opportunity is not going to just fall into your lap. Remember that creating a new opportunity for yourself will also help you to move on. This job will be something “new” that doesn’t have anything to do with your ex. This is a healthy way to start paving the road to creating a new life after divorce.

After Divorce / Divorce / Financial Help

How To End A Marriage

Telling your spouse that you want a divorce, for most people, is easily one of the most terrifying things they’ll ever do. If you’ve been in that position, you may recall the need to be sick or the complete lack for words. If you’re wondering what to say and how to say it… this article is for you. Psychotherapist Abby Rodman outlines for HuffPost Divorce several ways you can end the relationship.

We’ve summarized her thoughts below:

  • If you’ve been staying married for his/her sake: remind him/her that making a clean break is everyone’s best chance at finding true happiness and love.
  • If your spouse has no idea you’re thinking of ending the marriage, apologize for not being open about your feelings. Realize he/she knows you’ve been distant and it’s time to explain why. Explain that poor communication is just one reason the marriage isn’t working.
  • If you’ve screwed up, own it. Tell her she’s been a wonderful spouse and you know that you screwed up. You may have done it because of the relationship issues but you realize that’s no excuse. Regardless of how sorry you are, you think it’s best for both of you to part ways.
  • If your partner is going to freak out and be emotionally unstable, preface the fact that it’s taken you a while to tell him because you know it won’t be easy. But regardless of his feelings, you need to do what’s best for both of you and you know he’ll recover and move on in time.
After Divorce / Divorce

My Children Need Help

I have heard so many times that after a divorce the parent’s getting along just fine. But there are times where the children themselves cannot get along with their parents.

Children of any age may feel angry when their parents are no longer living together. They are uncertain of what the future holds for them, making the situation stressful and confusing.

It is up to you, as the parent, to make the transition less painful for your children. Helping your children cope with your divorce means being understanding and supportive and attending to their needs with a reassuring and positive attitude.

I know that you are in uncharted territory, but you can help your children to feel loved, confident and strong. Here are a few tips to help your children adjust:

  • Keep your patience
  • Have a listening ear open at all times
  • Provide your children with routines they can depend on
  • Make sure they know that divorce was not their fault
  • Remind them that they can always count on you for stability, care, and structure
  • Try to maintain a cooperative and communicative relationship with your ex
  • Make your children your number one priority

Children go through a range of emotions during the divorce process. Their biggest source of anxiety is the fact that their parents will no longer be together and will no longer be a part of their day-today activities. Pay attention to any changes in your child’s behavior, such as anger or depression.

The practice of family law entails more than just an attorney advising a client about their rights.

If you are going through a divorce and your children are having problems coping with it, contact Holstrom, Block & Parke family law office located in Orange County for the help you need.

Because family issues involve highly emotional and personal situations, we can help you and your children get through what could be the most stressful experience of your lives.

After Divorce / Child Custody / Divorce

The Perks of Being Single

Most of what we write about deals with successfully making through a divorce. And then after divorce we give advice on co-parenting, coping, moving on, etc. What about the perks? You’re single again! If that doesn’t make you a little happy, you need a new perspective. Not being tied down, no matter what the age, can be exciting. You have your freedom again. In case you need some inspiration, Huffington Post readers shared the following best things about single:

  • Your days of feeling lonely even though someone is right next to you are gone
  • No more arguments—for the most part
  • You have your own bed every night. Well, every night that you want your own bed.
  • Spend money however you want. You know all those things you didn’t buy because you didn’t want to deal with your ex being pissed about it? Go buy them.
  • Create your own future. You have no one in your way and you don’t need to think about how a partner might be affected by your decisions.
  • You may actually have the best sex ever. Find that passion again.
  • If you were ever emotionally or physically abused, that will no longer have a place in your life. You should never put up with that again.
  • You know that horrible feeling looking at someone, or your wedding ring, and thinking “worst mistake of my life?” Never again.
  • You have an excellent chance to learn from your past mistakes and be more careful when it comes to choosing a new partner.
After Divorce / Divorce

What's Keeping You From Moving On?

Once it’s all said and done, divorcees just want to “move on.” A long divorce process can involve a lot of blood, sweat and tears and you’ll want to put it all behind you and start living. Yet a few months have passed and you find yourself stuck in a post-divorce or separation rut. Life doesn’t seem to be moving and you’re not sure what’s holding you back.

Author Lisa Ardens recently wrote that there’s a good chance you’re probably doing one of these things wrong if you’re having trouble moving on:

  • Forgiveness: Most people respond with frustration when asked to forgive their ex. “How could I possibly forgive him/her?” is a common response. But the old saying is true—you’re not hurting him or her by not forgiving your ex, you’re only hurting yourself.
  • Grasping: When we lose a part of ourselves, or big changes occur, it’s common to grasp at whatever is left. Often the only thing left after all the paperwork is signed is pain. You hold onto that pain because it’s the only thing you have left to remember the last time you were a family. (Or what you view as a family.) Letting go of that pain means you might start to forget that time. And that’s ok. It’s time to let go.
  • Associations: That song, that image, that dress, that car… there are so many things that can immediately pull you back into “that life” and “that time” with your ex. Good news- you can retrain your brain. It will take time and it’s not easy, but you can consciously decide to think of those things for what they are now, and what they could be, not what they were.
  • Isolation: This is an issue for introverts, more often. It may seem like a natural reaction to isolate yourself from the world. And if you need to for a week or so, go for it. But know that it’s not healthy and you need human interaction. There are friends and family members who will listen and want to be there for you. Or they will just go out with you and get your mind off it. Let them help. Humans are not meant to be alone.
  • Self-care: This can be the biggest struggle for single parents, especially if you now bare the sole responsibility of caring for your kids. Remember that you can only sufficiently take care of them if you’ve taken care of yourself first.
After Divorce / Divorce

Divorce: How to Begin the Healing Process

The divorce process takes a toll on your emotions, which range from sadness to anger. It makes sense that after all the commotion, you should step back, take a breath, and begin healing so you can love again, learn to live, and survive on your own.

Four Steps to Healing After Divorce:

  1. Find out what causes your personal issues. Everything you are revolves around who you think you are and what you think of yourself. After a divorce, take the time to go on a personal journey of self-exploration and use that to your advantage. Use it to strengthen your weaknesses and improve your self-image.
  2. Don’t resist the pain and agony of your situation. It’s important to feel your pain in order to push through it and become a stronger, happier you. If you fail to feel and accept your pain, you do yourself a disservice that will prevent you from making peace with your situation. Once you experience your hurt and pain, you will find it easier to let go of it and feel peaceful and happy again. You will find you don’t need a mate in your life to be happy and fulfilled.
  3. Let go of what was and embrace what is in your life now. It’s okay to talk about and remember good and bad memories. However, when you do, let the ones that cause you the most stress go since they hold power over you that keeps you from moving forward in your own life. You are no longer “we” but “me,” so own it and embrace it for all its worth.
  4. Accept how you feel and know it won’t last forever. You already know in your head that bad times and feelings eventually fade away and don’t have any bearing down the road in your life. Take that information and use it to empower yourself every single day. Take control of your life, live it, and let yourself thrive. Don’t fight or resist life.

Be patient with yourself and ask for help when you need it. Don’t be afraid to feel, remember, let go, and renew yourself while you are going through the process of healing.

If you are getting ready to go through a divorce, the first step is to find an experienced Corona attorney to handle the legal aspects of your situation. A good attorney will take a lot of stress off you and let you begin the healing process before the divorce proceedings are over. You need to know your rights and take care of divorce business before you can move on and heal. You have nothing to lose when you take advantage of a free initial consultation with an expert divorce lawyer.

After Divorce / Divorce

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