Divorce is hard for everyone involved, but when children are part of the equation, it adds another layer of complexity. At Holstrom, Block & Parke, APLC, we understand just how challenging this time can be.

With over 300 years of combined experience in family law, our team is dedicated to guiding families through the difficulties of divorce, particularly when children are involved. One question we’ve faced again and again is: Does divorce impact children of different ages in different ways?

The short answer is: yes. The effects of divorce vary and partly depend on a child’s age and developmental stage. As parents, understanding these differences can help provide the right support and ensure our children get through this challenging time as smoothly as possible.

Let's take a closer look at how divorce impacts children across different age groups.

What is The Worst Age For Divorce For Children

There is, of course, no one-size-fits-all answer to how children will react to divorce. While some might struggle more at certain stages, one thing is certain – all children will experience some level of disruption. Here’s how divorce may affect them, depending on their age.

Infants and Toddlers (0-3 Years)

At this young age, children are developing their sense of security and attachment. Divorce can disrupt routines that help them feel safe and settled. Often, changes in sleep patterns or eating habits occur as they pick up on the emotional tension around them, even if they can’t fully understand what's happening.

The key here is maintaining consistency—whether it's in caregiving or keeping their environment as familiar as possible. Stability helps ease the stress that even very young children can feel during a divorce.

Preschoolers (3-5 Years)

Preschool-aged children are naturally egocentric, meaning they often believe the world revolves around them. As a result, when their parents divorce, they may mistakenly think it’s their fault. They might ask questions like, “Did I do something wrong?”

It’s not uncommon for preschoolers to show regressive behavior—like reverting to bedwetting or having tantrums—as a way of coping with their confusion.

At this stage, parents must reassure them that they are still loved and that the divorce isn’t their fault. Keeping explanations simple and age-appropriate, while reinforcing that both parents will continue to care for them, helps provide the emotional security they need.

School-Aged Children (6-12 Years)

Children in this age range are better able to understand the concept of divorce, but that doesn’t mean it’s any easier for them. School-aged kids might feel torn between their parents and experience loyalty conflicts.

Some may struggle with academic performance, or start acting out as they process their feelings. It’s important to encourage open communication and give them space to express their emotions.

Anxiety and behavioral changes are common in this group. Parents should be on the lookout for these signs and make sure their children know it's okay to talk about their feelings. Offering extra support at school and home can help them navigate these tricky waters.

Teenagers (13-18 Years)

Teens can think abstractly and thus process divorce differently than younger children. They may express their emotions through anger, rebellion, or by withdrawing from family activities. Some might even take on a protective role, trying to shield younger siblings from the emotional fallout.

For teenagers, it’s important to find a balance between respecting their growing independence and still offering guidance. Divorce can sometimes increase the risk of mental health struggles for teens, so keeping the lines of communication open is essential. Remind them that while the family structure may be changing, they aren’t alone in this experience.

Legal Considerations in Divorce with Children

In California, the courts always prioritize the "best interests of the child" when handling divorce cases involving children. That means decisions about custody, child support, and visitation are all focused on what will serve the child’s emotional, physical, and developmental needs.

Custody and Visitation

There are several types of custody arrangements that parents may agree on, or a court may decide. The goal is always to provide a stable and nurturing environment for the child, regardless of the specific arrangement.

Child Support

Child support is calculated based on both parents' incomes and the needs of the child. The obligation to support a child financially is shared between both parents, and the court ensures the arrangements are fair.

Parenting Plans

A solid parenting plan is critical to addressing the specific needs of children at every developmental stage. It outlines how time will be divided between parents and how decisions about the child’s welfare will be made. It should also account for children’s unique, age-based developmental needs.

Mitigating the Impact of Divorce on Children

While divorce can be tough on kids, there are steps parents can take to lessen the negative impact and support their children through this time.

Open Communication

Honest, age-appropriate conversations about what’s happening can help children understand and feel reassured. Let them know it’s okay to ask questions and share their feelings.

Co-Parenting

It’s essential for both parents to work together, putting aside personal differences to avoid exposing their children to conflict. A peaceful co-parenting relationship can make a world of difference in how children cope with divorce.

Maintaining Routines

Children thrive on routine, especially in times of uncertainty. Keeping their day-to-day lives as consistent as possible—school schedules, extracurricular activities, and even bedtimes—can provide much-needed stability.

Seeking Professional Help

Some children may benefit from talking to a therapist or counselor who can help them process their emotions. If your child is having a particularly hard time adjusting, seeking professional help can make a difference.

How Holstrom, Block & Parke Can Help

At Holstrom, Block & Parke, we understand that every family’s situation is unique, and we’re here to help guide you through every step of the divorce process. Whether it’s working through custody arrangements or creating a parenting plan that supports your children’s needs, our Certified Family Law Specialists are committed to providing compassionate and effective legal support.

If you're a California resident looking for help with your divorce, call Holstrom, Block & Parke today at (855) 827-6639 for a consultation or fill out our online form. With over 300 years of combined experience, we’re ready to support you and your family during this challenging time.

If you have a divorce looming over your head, the last thing you need is an uncooperative spouse. Despite the reasons why things are stagnant, it’s frustrating and stressful not to be able to move on from the past in peace.

Thankfully, California law frees you from being at the mercy and whims of an unwilling or stubborn spouse.

We've seen spouses time after time try to stall or derail the divorce by not signing those papers. While annoying, it can be overcome, and we're more than happy to help you take the necessary steps so you can move forward with your life.

We'll explain the no-fault divorce system in California, the legal proceedings, and the options available to you if your spouse refuses to cooperate at any point.

Holstrom, Block & Parke, APLC has a team of experts with extensive experience in such situations. We’re committed to supporting you through this process while instilling confidence and offering clarity.

Understanding California’s No-Fault Divorce

California’s “no-fault” divorce system aims to bypass a lot of the messy and embarrassing obstacles that can occur within a divorce.

Under this law, neither spouse has to prove any wrongdoing or fault to get a divorce. It doesn’t matter if a party refuses to sign the papers or strongly opposes the decision. Their refusal doesn’t change the fact that you can move forward with the process; all it takes is one party’s desire to end the marriage.

The Process When Your Spouse Won’t Sign

Even with the process being simplified, you still want to be prepared and aware of the proper protocol for handling a refusal to sign. Here’s an overview of what you can expect from start to finish.

Filing for Divorce

The first step in any divorce is filing a Petition for Dissolution of Marriage. This document formally starts the divorce proceedings, and you only need your own signature to get it going.

Once filed, this petition sets the legal wheels in motion.

It signals to the court that you're serious about ending the marriage, and it also notifies your spouse that the process has begun, even if they’re not ready to accept it yet.

Serving Your Spouse

After filing, the next step is serving the divorce papers to your spouse. This is a legal requirement, ensuring that your spouse is officially informed about the divorce proceedings.

However, serving the papers doesn’t mean you need their consent or signature. There are several ways to serve your spouse; and if they’re being particularly difficult, you can request help from a third party, such as a professional process server or law enforcement officer.

If you're already trying to keep things flowing smoothly, make sure you follow the correct procedures here to avoid any delays. But rest assured, your spouse’s refusal to acknowledge or sign the papers at this stage won’t stop the divorce from happening.

The Response Period and Default Judgment

Once served, your spouse has 30 days to respond to the divorce petition. During this time, they can agree, disagree, or raise any issues they might have.

But what happens if they do nothing? If your spouse decides to ignore the petition, the court can proceed without them by granting a “default judgment.”

A default judgment is a legal way of moving the divorce forward when one party refuses to participate.

It grants the court permission to make decisions about the divorce—such as division of assets, child custody, and support—based on the information you provide, without any input from your spouse.

Contested vs. Uncontested Divorce

If your spouse refuses to sign, it doesn't automatically lead to a contested divorce or a drawn-out legal battle.

A contested divorce happens when both parties cannot agree on key issues like asset division, child custody, or spousal support.

In contrast, an uncontested divorce is when both spouses agree on these matters without the court’s intervention.

However, even if your spouse is initially uncooperative, there’s still a chance to reach an uncontested divorce if they eventually come around. If not, the court will step in to resolve the contested issues, but the divorce itself will still proceed.

Managing a Default Divorce

If your spouse continues to be stubborn and you move toward a default divorce, there are specific steps to follow.

First, you’ll need to submit the necessary paperwork to the court, including a Request to Enter Default. This paperwork essentially asks the court to proceed with the divorce based on your original petition.

Once the default is granted, the court will schedule a hearing to finalize the divorce.

At this hearing, the judge will review your requests for property division, custody, and support and will issue a final judgment.

The key here is that your spouse’s refusal to participate means the court will generally approve your requests, provided they are reasonable and within the bounds of California law.

Don’t Face Divorce Alone—Let Our 300+ Years of Combined Experience Guide You

Divorce is never easy, especially when dealing with a spouse who won't budge. You'll need support, and that's where we step in.

At Holstrom, Block & Parke, APLC, we understand how challenging this process can be. With over 300 years of combined experience, our team is ready to guide you every step of the way. We’re committed to helping you achieve the best possible outcome.

Our Certified Family Law Specialists have handled many cases like yours. We know the tactics that non-cooperative spouses use, and we know how to counter them effectively.

If you’re facing a situation where your spouse won’t sign the divorce papers, don’t wait. Contact us today to discuss your options. We offer confidential consultations where we can explore your situation in detail and provide personalized legal advice. Call us at (855) 939-9111 or visit our contact page to schedule your consultation.

Let us help you move forward with confidence and peace of mind.

When we talk about divorce, it’s never just a sterile legal procedure full of paperwork and court dates – it’s a serious, momentous life transition.

Especially in California, a state where divorce proceedings have specific rules, timelines, and policies, making it crucial to understand what lies ahead after taking the first.

The initial divorce papers are just the beginning, and clearly understanding what follows can help you more confidently navigate and weather the journey.

Let’s take a look at what happens after filing divorce papers in California, from serving the documents to obtaining a final judgment, and illuminate each step’s role in the overall process.

Our team at Holstrom, Block & Parke, APLC, has over 300 years of combined experience, and we’re here to guide you through each phase of your divorce with clarity and support.

Serving the Divorce Papers

Once the divorce papers are filed, the next critical step is serving them to the respondent—your spouse. This service of process is a formal way of letting them know that legal action has been initiated.

California law requires that someone over the age of 18 who is not involved in the case must serve the papers.

This can be done by a professional process server, a sheriff, or even a friend. The respondent has 30 days to respond after being served.

It’s essential to serve the papers within a specific timeframe to avoid delays in your case.

Failure to do so can slow down the entire process, leaving you in legal limbo. According to the California Courts Self-Help Guide, this step is not just a formality; it’s a critical part of the process that ensures both parties are aware of the proceedings and can prepare accordingly.

Responding to the Divorce Petition

Once the respondent receives the divorce papers, they have a few options. They can file a response agreeing with the petition, contesting it, or requesting an extension if they need more time.

Filing a timely response is vital because it protects the respondent's rights throughout the divorce process. Without a response, the court may grant a default judgment, which could be unfavorable to the non-responding spouse.

The response should address the issues raised in the petition, such as child custody, property division, and support.

It’s a chance for the respondent to express their position on these matters. The California Courts highlight the importance of this step, as it lays the foundation for the court’s decisions moving forward.

Temporary Court Orders

Divorce often comes with immediate concerns, especially when it involves children or shared property. Temporary court orders can address these issues while the divorce is pending.

These orders might cover child custody and visitation, spousal support, child support, or even those who stay in the family home. In fact, there are automatic temporary orders that become active during the divorce and that are meant to keep either party from:

• Removing children of the parties from the state without prior written consent or an order from the court;
• Transferring, concealing, or disposing of real or personal property; and
• Cashing, borrowing against, canceling, transferring insurance or other coverage.

Requesting a temporary order typically involves filing a motion with the court and attending a hearing where both sides can present their case.

The judge will issue an order that remains in effect until the final divorce judgment.

Temporary orders are crucial for maintaining stability during the divorce process, especially when emotions are high, and both parties need clear guidelines.

These orders are intended to provide immediate relief and structure until the final resolution is reached.

Financial Disclosures

Transparency is key in any divorce, and California law mandates that both parties fully disclose their financial situation.

This includes listing all assets, debts, income, and expenses. The purpose of this requirement is to ensure a fair division of property and an equitable support arrangement.

The disclosure process involves completing a series of forms, such as the Income and Expense Declaration and the Schedule of Assets and Debts.

These forms must be exchanged between both parties early in the divorce proceedings. If there are discrepancies or omissions, it can lead to penalties or an unfavorable ruling.

The importance of accurate financial disclosures cannot be overstated. According to California Family Code Section 2100, the goal is to prevent one party from hiding assets or misrepresenting their financial status, which could unfairly influence the court’s decisions.

Waiting Period

California has a mandatory six-month waiting period before a divorce can be finalized. This period begins from the date the respondent is served with the divorce papers.

The waiting period serves as a cooling-off time, allowing both parties to consider reconciliation or to finalize the terms of their divorce without rushing into a decision.

While it may seem frustrating to have to wait six months, this period can also be a time to negotiate and reach an agreement on the terms of the divorce. It’s an opportunity to resolve issues amicably and avoid a lengthy trial.

However, it’s important to note that even if all terms are agreed upon, the divorce cannot be finalized until the waiting period has passed.

Settlement or Trial

Divorce cases in California can end in one of two ways: a negotiated settlement or a trial.

A settlement occurs when both parties agree on all terms, including property division, child custody, and support. Settlements are often reached through negotiation or mediation and are typically faster and less costly than going to trial.

On the other hand, if an agreement cannot be reached, the case will go to trial. A judge will then make the final decisions on the unresolved issues.

While a trial can provide a definitive resolution, it is often more expensive, time-consuming, and emotionally draining than a settlement. Moreover, when the court makes decisions, both parties lose the ability to control the outcome.

Exploring settlement options, such as mediation, is often in the best interest of both parties. It allows for more control over the final terms and can reduce the stress and uncertainty associated with a trial.

Final Divorce Judgment

After all issues have been resolved, whether through settlement or trial, the final step is obtaining a divorce judgment. This judgment is a court order that officially ends the marriage and outlines the terms of the divorce, including child custody, support, property division, and any other relevant issues.

Once the judge signs the divorce judgment, it is legally binding. Both parties must adhere to its terms.

If circumstances change in the future, such as a significant change in income or living arrangements, the judgment may be modified, but this requires a separate court action.

The final judgment marks the end of the legal process, but it also signifies a new beginning for both parties. Understanding the implications of the judgment and ensuring it reflects your best interests is crucial.

Your Next Step Towards Resolution

Filing for divorce is just the beginning of the journey. As we've outlined, the process involves several steps, each with its own set of challenges and decisions.

Understanding these steps is crucial to navigating the process effectively. At Holstrom, Block & Parke, APLC, we are committed to guiding you through every stage, providing the support and expertise needed to protect your rights and interests.

If you're facing divorce or considering your options, don't go through it alone. Let our team of Certified Family Law Specialists help you move forward with confidence. With over 300 years of combined experience, we have the knowledge and dedication to ensure you achieve the best possible outcome.

If you're ready to discuss your situation and explore your options, we’re here to help. Call us at (855) 939-9111 or contact us online to schedule a consultation. Let Holstrom, Block & Parke, APLC guide you through the process, ensuring your rights are protected every step of the way.

Divorce always has the potential to become an unexpectedly challenging journey due to unforeseen, difficult decisions and confusing procedures. A crucial early step in the process is ensuring that the divorce papers are properly served to your spouse.

It might seem pretty straightforward, but it carries significant legal weight and could alter the course of your divorce proceedings. If the papers aren't served correctly, it can lead to delays, additional costs, and even a dismissal of your case.

Here at Holstrom, Block & Parke, APLC, we have over 300 years of combined experience in family law, and we know the importance of following every procedural rule to the letter.

Our team has guided countless clients through the task of providing legal notice of divorce as efficiently as possible.

We'll go over who can legally serve divorce papers in California, the various methods of service available, and the importance of following protocol.

Who is Eligible to Serve Divorce Papers in California?

In California, the rules about who can serve divorce papers are quite specific. The individual must be at least 18 years old and not a party to the case.

This means that you, as one of the spouses involved in the divorce, cannot personally serve the papers to your partner.

The law is designed this way to prevent any potential conflicts or misunderstandings that might arise if one spouse directly hands the papers to the other.

To make sure the job is done legally and without a hitch, there are several options available for serving the papers.

Trusted Individuals

One of the most common and cost-effective options is to ask a trusted individual, such as a friend, family member, or acquaintance, to serve the papers on your behalf.

As long as this person meets the basic requirements—being at least 18 years old and not involved in the case—they can deliver the documents to your spouse.

While this might seem like the simplest option, it’s important to consider the potential for awkwardness or even conflict.

Presenting divorce papers can be an emotionally charged event, and involving a mutual friend or family member might further strain relationships. Before choosing this route, consider how your spouse might react and if it could complicate your situation.

County Sheriff or Marshal

If you prefer a more formal and reliable approach, you can opt to have the county sheriff or marshal serve the divorce papers.

The sheriff's office typically handles service of process for a fee, which varies by county.

This method adds a level of authority and professionalism to the service, reducing the potential for personal conflict.

Additionally, it’s a wise choice if you have concerns about the security of the person delivering the papers or if you think it would be challenging to find your spouse.

Professional Process Server

Hiring a professional process server may be the best choice when other options aren’t available or if you want to make sure that all the details are taken care of.

These individuals are well-versed in the legal requirements for serving divorce papers and can often complete the task quickly and efficiently.

Professional process servers are especially useful if your spouse is avoiding service or if you're concerned about their reaction to receiving the papers.

They know how to handle difficult situations and can provide proof of service that will hold up in court. While this option does come with a cost, the peace of mind it offers can be invaluable.

Methods of Service

Once you've decided who will serve the divorce papers, the next step is choosing the method of service. California law allows for several different approaches, each with its own set of rules and considerations.

Personal Service

Personal service is the most direct and common method of issuing divorce papers. It involves physically handing the documents to your spouse.

Once the papers are in their hands, the service is considered complete, and the clock starts ticking on the next steps in the divorce process.

Personal delivery is generally the fastest and most effective, as it leaves little room for disputes about whether the service was executed appropriately.

Personal service may not always be ideal, especially if there are safety concerns or if your spouse is intentionally avoiding you.

Service by Mail

Another option is to serve the papers by mail, which requires your spouse to sign and return a notice of receipt confirming that they got the documents.

Doing it this way is more convenient, but may not be suitable, particularly if your spouse is uncooperative.

It’s important to note that service by mail is not considered complete until the signed notice is returned. If your spouse fails to return the notice, you may need to pursue alternative methods of service.

Substituted Service

If personal service has been attempted but was unsuccessful, substituted service may be an option.

In this case, you'd leave the divorce papers with a responsible adult at your spouse's home or workplace and then mail them a copy at the same address.

Substituted service has specific requirements that must be met, such as making multiple attempts at personal service before resorting to this strategy.

It’s also important to ensure that the person receiving the papers on behalf of your spouse is indeed a responsible adult. Failure to follow these rules can result in the service being invalidated, causing delays in your case.

Service by Publication

In situations where your spouse’s whereabouts are unknown and all other methods of service have failed, service by publication may be your last ditch effort.

You would publish a notice of the divorce in a newspaper for a certain period, typically once a week for four consecutive weeks.

Service by publication requires court approval and is generally seen as a final option due to its complexity and cost.

Additionally, you’ll need to demonstrate to the court that you’ve made a diligent effort to locate your spouse before being granted permission to proceed with this method.

Proof of Service

After the divorce papers have been served, the next critical step is completing and filing a Proof of Service form with the court.

This document is essential because it officially notifies the court that the papers were served according to the law.

The Proof of Service form includes several key pieces of information:

• The name of the person who served the papers
• The date and time of service
• The location where the papers were served
• The method of service used

Filing the Proof of Service is not just a formality. Without it, the court may not proceed with your case, leading to delays and potentially even the dismissal of your divorce petition.

If there’s any doubt about whether the service was executed correctly, it’s best to consult with an experienced attorney to ensure everything is in order.

Ready to Take the Next Step in Your Divorce? Contact Holstrom, Block & Parke Today

Serving divorce papers is an important part of the legal process that sets the stage for everything that comes next.

At Holstrom, Block & Parke, APLC, we’re here to help you navigate every stage of your divorce, from the initial service of papers to the final settlement.

If you’re ready to move forward with your divorce or need guidance on serving papers correctly, call us today at (855) 939-9111 or visit our contact page to schedule a confidential consultation.

Let’s take the first step together in securing your future.

One of the biggest concerns wives have when they approach divorce--and one reason they often put off the process--is worry about how they will come out financially, physically, and emotionally.

California's no-fault and community property laws often cause quite a bit of confusion about what a wife is entitled to in divorce.

In California, a wife has equal rights as a husband in divorce proceedings. This means there is no automatic entitlement based on gender, but rather, the law seeks to divide assets and responsibilities fairly based on the circumstances during and after the marriage.

At Holstrom, Block & Parke, APLC, we believe that understanding these rights is crucial for every woman going through a divorce.

Let’s explore what a wife is entitled to during a divorce in California and how these rights can be protected and enforced.

Property Division in California

In California, the division of property during a divorce is governed by the principles of community property.

Community Property

Under California's community property laws, most assets or debts acquired during the marriage belong equally to both spouses.

This includes income, real estate, and other valuable assets, regardless of whose name is on the title. The idea is that both spouses have contributed to the marriage, whether financially or otherwise, and thus should share equally in its benefits.

Separate Property

Separate property, on the other hand, refers to assets that were owned by either spouse before the marriage or were acquired by gift or inheritance during the marriage.

These assets are not subject to division in a divorce and typically remain with the original owner.

However, it’s important to note that if separate property is commingled with community property—such as using separate funds for home improvements on a jointly owned home—it can become part of the community property and subject to division.

Complexities and Exceptions

While the division of community property might seem straightforward, complexities often arise.

For instance, determining whether an asset is a community or a separate property can be challenging, especially in cases where assets have been combined. It is important to work with an attorney who is prepared to delve deep into the details to help you secure your separate property and obtain your fair share of community property.

The date of separation also plays a vital role in determining what is considered community property. Assets acquired after this date are generally considered separate.

Another area of complexity is tracing separate property contributions to community assets. For example, if a wife uses her inheritance (separate property) to make a down payment on a house purchased during the marriage (community property), she may be entitled to reimbursement.

However, this requires clear documentation and legal guidance to guarantee an equitable result..

Role of the Court

In California, the court oversees the division of community property.

Though the law generally favors an equal split, the court has the discretion to order a different division if it deems it to be more fair under the circumstances.

For example, if one spouse significantly mismanaged marital assets, the court might award a larger share to the other spouse.

Spousal Support (Alimony) in California

Spousal support, commonly known as alimony, is another critical issue in divorce proceedings.

No Automatic Right

Spousal support in California is not guaranteed and is gender-neutral. The court will consider various factors to determine whether a wife is entitled to alimony.

It’s essential to understand that spousal support is not about punishment or reward; rather, it’s about ensuring that both spouses can maintain a reasonable standard of living after the divorce.

Factors Considered by the Court

The court takes several factors into account when deciding on whether to grant alimony and how much to award. These factors include:

• Length of the marriage: Longer marriages are more likely to result in longer spousal support periods.
• Each spouse's earning capacity: The court will consider whether both spouses can support themselves after the divorce.
• Standard of living during the marriage: The goal of spousal support is to help the lower-earning spouse maintain a similar standard of living to what they were accustomed to during the marriage.
• Contributions to the marriage: This includes both financial contributions and non-financial contributions, such as homemaking or supporting a spouse’s career advancement.
• Age and health of each spouse: Older spouses or those in poor health may be more likely to receive spousal support.
• Tax implications of spousal support: It’s important to consider the tax consequences of spousal support payments, as they can impact both the payer and the recipient.
• Domestic violence as a factor: If there has been a history of domestic violence, it can significantly affect the court's decision regarding spousal support.

Temporary vs. Permanent Support

There are two types of spousal support: temporary and permanent.

• Temporary support is awarded during the divorce proceedings to help the lower-earning spouse maintain their standard of living.
• Permanent support, which is less common, is awarded after the divorce is finalized and is intended to provide long-term support.

 Understanding the 10-Year Rule

A common misconception is that after ten years of marriage, a spouse is automatically entitled to permanent spousal support.

Even though the length of the marriage is a significant factor, it does not guarantee permanent support. The court will still consider all the relevant factors before making a decision.

Child Custody and Visitation Rights

In California, both parents have equal rights to seek custody and visitation, and the court does not favor one parent over the other based on gender.

Best Interests of the Child

The court will make custody decisions based on what is best for the child.

Types of Custody

Wives have the opportunity to seek both legal and physical custody. Legal custody refers to the right to make important decisions about the child's life, such as education, healthcare, and religious upbringing.

Physical custody determines where the child will live and which parent will be responsible for the child’s daily care. Both types of custody can be shared between parents or allocated solely to the mother or father.

Factors Influencing Custody Decisions

The court considers several factors when determining custody, including:

• Child's age and preferences: Older children’s preferences may be considered, but the court has the final say.
• Each parent's ability to care for the child: This includes the parent’s physical and emotional ability to provide for the child’s needs.
• Parent-child relationship: The court will look at the strength of the relationship between each parent and the child.
• Domestic violence or substance abuse concerns: If there are concerns about a parent’s ability to provide a safe environment, this will heavily influence the court’s decision.

Visitation Rights

Even if one parent is awarded primary physical custody, the other parent is generally entitled to reasonable visitation.

The court aims to ensure that the child maintains a meaningful relationship with both parents, provided it is safe and in the child's best interests.

Child Support in California

Both parents have a legal obligation to financially support their children. In California, child support is calculated based on a formula that considers both parents’ incomes, the amount of time each parent spends with the child, and other related factors.

Child support orders can be modified if there is a significant change in circumstances, such as a change in income or the needs of the child. It’s important to seek legal advice if you believe a modification is necessary.

Additional Rights of a Wife in Divorce

Beyond property division, spousal support, and child custody, a wife in California has several other rights that are crucial to protect during a divorce.

Right to a Fair Trial

Every wife has the right to present evidence and be heard in court. This ensures that the divorce proceedings are conducted fairly and that all relevant information is considered.

Right to Legal Representation

The terms you establish during your divorce will affect your life for years to come.

It’s important to consult with a family law attorney who can advocate for your rights and guide you through the process.

Protection from Domestic Violence

If there has been domestic violence in the marriage, a wife has the right to seek legal protection.

This can include restraining orders and other measures to ensure her safety and that of her children.

Health Insurance

During and after a divorce, a wife may be entitled to continue health insurance coverage under COBRA.

Retirement Benefits

Retirement accounts and pensions earned during the marriage are typically considered community property and are subject to division.

It’s important to ensure that these assets are properly valued and divided to protect your financial future.

Preservation of Assets During a Divorce

The ATRO imposed during divorce prevents a spouse from selling, hiding, or disposing of assets without approval from the court or agreement of the other spouse. This can protect a wife from losing interests in community property during the process. However, a wife does have the right to use community assets to pay for necessary living expenses and reasonable attorney's fees.

The Importance of Seeking Legal Counsel

Divorce law is complex, and the stakes are high. It’s crucial to have the right attorney by your side to navigate the legal process and protect your rights.

At Holstrom, Block & Parke, APLC, we are committed to helping women secure their rights and achieve a fair outcome in divorce proceedings.

If you’re facing a divorce in California, let our Certified Family Law Specialists and associates protect your interests. Call us at (855) 939-9111 or contact us online at https://hbplaw.com/contact/ to schedule a consultation.

The ideal outcome of any divorce would obviously be both parties seeing eye to eye on every issue. If a couple can reach an agreement about terms, division of assets, custody, and other matters before the divorce goes to court, then it is a relatively easy situation known as “uncontested divorce.”

However, this is the exception and not the rule. In a “contested divorce,” either the couple cannot agree on the terms, or one party does not want a divorce in the first place. This can complicate matters immensely and draw out the divorce process, causing increased emotional and financial strain.

A contested divorce be made far less painful with the right legal counsel. Here at Holstrom, Block & Parke, APLC, we have the experience and knowledge to help you get through these trying times as quickly as possible while still retaining the best outcome.

Divorce is an uncertain time, no matter your circumstances. If you’re looking for guidance on how long a contested divorce is likely to take in California or even nationwide, let’s go ahead and get straight into it.

Factors Affecting the Duration of a Contested Divorce

By its very nature, a contested divorce is almost always going to take longer than an uncontested divorce. It is impossible to estimate the timing of a contested divorce as each one is a highly unique situation.

However, several factors can help you predict the duration of the proceedings.

State Laws and Procedures

Divorce laws differ in every state and sometimes even by county. While we are well versed in general divorce law, it’s important to note that our expertise is in Californian procedure, so the law may differ slightly if you or your spouse reside out of state.

In general, it takes at least six months to get a divorce in California, even if it is uncontested, due to a required 6-month waiting period. Nationwide, contested divorces take at least several months to over a year to get finalized.

Complexity of the Case

The main factor affecting the length of a divorce is the case's complexity. There are many factors to consider, but the main ones are:

• Division of assets and debts (any high-value assets, shared properties, businesses, etc.)
• Child custody and support arrangements
• Spousal support (alimony)
• Existence of prenuptial or postnuptial agreements

Any or a combination of these factors will add time to the divorce proceedings, especially in a contested divorce.

Level of Cooperation Between Spouses

A contested divorce comes baout due to lack of cooperation and agreement between spouses. The level of willingness to compromise and negotiate amicably has a major effect on the length of the proceedings.

In the case of a contested divorce, it is recommended to seek alternative dispute resolution methods, such as mediation or collaborative divorce. These tools can help ease and quicken a contentious divorce.

The higher the conflict level and the more intricate the litigation, the longer the divorce proceedings go. In turn, longer time periods lead to higher bills and stress levels for everyone involved.

Court Backlogs and Scheduling

The court system's ability to process your filing will also affect your timeline. While California has a mandatory six-month wait period, a backlog in the state court system may also affect the length of proceedings.

This can be exacerbated by the availability of court dates for hearings and trials and how this aligns with your and your spouse's schedules. Missed court dates can greatly delay proceedings.

The speed is also impacted by your particular judge's caseload and efficiency.

However, as divorces are generally processed in the county they are filed in, there is little point in shopping around for judges, so expect some variance based on your judge and location.

Stages of a Contested Divorce

So, what actually happens during a contested divorce? While it varies on an individual basis, here’s what you can roughly expect.

Filing and Serving the Divorce Papers

If you’re the one initiating the divorce, you will have to be the one to file the divorce papers. This generally can be done almost immediately and costs $435 to $450 to file. You can apply for a fee waiver if you qualify financially.

Once you’ve filed, you will need to serve your spouse with the divorce papers.

An adult who is uninvolved in the case is required to act as a server. This can be an acquaintance, the county sheriff, or a professional server.

They will present your spouse with a copy of the forms you have filed and a blank response form.

The served party then has thirty days to respond. If they do not do so within the designated time period, your case will move forward without their response.

Temporary Orders

When filing or soon afterward, you can request temporary orders before the divorce is finalized.

These include things such as custody, residence, or spousal support arrangements for the intermediary period.

Discovery

You and your lawyer will then work together to gather all of the necessary information for the divorce. This includes (frankly) a great deal of paperwork, including financial records, property deeds, and any other relevant information.

As California is a no-fault divorce state, you will not need to provide evidence of any wrongdoing of your spouse's fault unless it is criminal (theft, coercion, abuse, etc.)

Negotiations and Mediation

There will then be communication between you and your spouse, or more likely, your respective legal representatives, to attempt to reach a compromise.

You will need to reach an agreement on the division of assets, custody, alimony, and other matters.

Trial

The case will go to trial if an agreement cannot be reached. Both parties will present their requests and evidence, and a judge will decide upon the final agreement.

Final Judgment

Once a judgment has been passed, it is legally binding. If you are unhappy with the verdict, it is possible to appeal.

You can appeal after a certain time period, depending on the matter at hand. It is important to consult with your legal aid for guidance if you do wish to appeal.

Potential Timeline

It is difficult to estimate your divorce timeline accurately, as it varies so much on a case-by-case basis. However, here is a rough guide on what you should expect:

California

According to a 2019 survey conducted by Martindale-Nolo Research,  contested divorces take at least 18 months to finalize in California.

The state does have a mandatory six-month wait period before any divorce can be finalized, but this is an optimistic goal considering the usual complexity of each case as well as the judiciary wait times.

Nationwide

The average time for a contested divorce is similar across the country. However, it could be worse! In Arkansas, a mandatory 540-day waiting period for divorce is in place, and getting a no-fault divorce is very difficult!

In general, complicated custody arrangements, shared properties, businesses, and intertwined finances will lengthen the divorce proceedings no matter where you are.

Tips to Potentially Speed Up Your Contested Divorce

It’s natural to want your divorce to be finalized as quickly as possible, as it is often one of the worst times in your life.

While it’s important to be meticulous, you can still take many steps to hasten your divorce process while still doing things the right way.

Early Negotiation

Keep talking if you can! Encouraging open communication and settlement discussions early in the process is one of the best ways to keep things flowing smoothly and faster throughout.

Mediation Focus

Divorce can be an extremely painful time, and it’s unfortunately common for spouses to want to hurt one another throughout the process.

While this might feel good in the short term, the best way to finalize a divorce quickly is to keep your focus on mediation and working towards a mutually agreeable solution.

Ultimately, this will benefit everyone.

Organized Documentation

It’s crucial to have all of your financial records, deeds, custody agreements, and other documentation organized and on hand as soon as you need it. This can prevent many pointless administrative delays.

Effective Communication with the Attorney

Make sure to obtain legal representation as soon as possible (before you file), and communicate with them clearly.

Being proactive in reaching out and quickly responsive will help you have smooth and helpful communication, as well as hastening proceedings.

Compromise and Realism

In a diverse, much like a partnership, it’s really only your actions that you have control of.

Being open to compromise and managing your expectations will not only lead to a faster divorce but will likely benefit your relationship with your spouse throughout the proceedings and lead to a more favorable outcome for everyone involved.

Consider Alternative Dispute Resolution

While resolving a contested divorce through the public court system is common, it is often the most drawn-out way to go.

If you’re looking for a quicker and neater resolution, it may be time to reconsider negotiation, seek external mediation, or even look for a private judgment.

The Critical Role of a Skilled Family Law Attorney

The most important step you can take to have a quick and successful contested divorce is to secure good legal representation.

This isn't something anyone can do on their own. Aside from their legal necessity, there are many benefits to hiring a skilled family law attorney.

Proficiency in Contested Cases

Good family law attorneys will have extensive experience in contested divorces and have the know-how to settle them favorably, often without even going all the way to trial (saving you time and money.)

Negotiation Skills

Your attorney can advocate for you and use their ability to negotiate effectively to your benefit.

This is especially crucial to understanding the dense legal rhetoric surrounding divorce and ensuring that emotions are kept out of it.

Efficiency and Guidance

The right attorney can help you streamline the entire divorce process, not just support you in the trial.

It’s important to get advice on your specific situation and how to navigate the proceedings to your advantage to ensure the best resolution.

All in all, to overcome the challenges of the divorce process, you need the right guidance and support.

If you’re facing a contested divorce, getting good representation is crucial to minimize the time spent on your divorce and maximize the positive outcomes.

Our Family Law Specialists and associates at Holstrom, Block & Parke, APLC, are ready to steer you through from start to finish. Call us at 855-939-911 or contact us online to get your confidential consultation today.

Getting a divorce is an extremely stressful situation for everyone involved. Emotions are running high, and there is a seemingly endless laundry list of things to sort out. It’s natural to want to get the jump on proceedings by filing first.

But it’s important not to get ahead of yourself and to carefully consider the possible ramifications–and benefits–of filing for divorce first.

At Holstrom, Block & Parke, APLC, our Family Law Specialists and associates have years of experience dealing with divorces and can help you decide what’s right for you in your specific situation. To get you started, here’s a general overview, including:

• Pros of Filing for Divorce First in California
• Cons of Filing for Divorce First in California
• Factors to Consider Before Filing First
• The Importance of Legal Counsel

Pros of Filing for Divorce First in California

Filing for divorce first might not give you a significant legal advantage; however, it has some definite benefits.

While the exact impact of filing first depends on your specific situation and that of your spouse, here are some pros you may see if you file first.

Control

The primary benefit of filing first is having control over the timing. You can begin the process when you are prepared, giving you an edge on the upcoming legal proceedings.

Additionally, when you file, you can request temporary orders for custody, support, residence in the marital home, and other matters.

This can be especially important for situations of domestic violence, families with young children, or if you have concerns about asset dispersion.

Choice of venue (sometimes)

Filing first can sometimes affect jurisdiction or where the case is heard and where arbitrations and other meetings occur.

This can give you a logistical advantage, especially if you and your spouse live in separate counties.

However, things such as commute time, work schedule, and child care will still be taken into account when arranging scheduled meetings.

Setting the narrative

Many perceive filing first as an opportunity to frame your case first in the petition, which can impact how the case is perceived, at least initially.

It may give you a slight edge over your spouse, though it should be noted that any legal counsel will look into the full facts of any disputes from an unbiased and facts-based standpoint.

Filing first may also give you time to supply any additional documentation supporting your side first, leading to your narrative being better supported with evidence, though again, this is only an initial advantage.

Mental readiness

A major reason to file first is so that you can be as prepared as possible for the proceedings to come.

Taking that first step to closure and moving forward can be a massive relief and help you be in a better headspace and less emotionally volatile during the divorce.

This means you are likely to be calmer, more rational, and better prepared, as well as feeling better yourself.

Feeling in control

Finally, one of the primary benefits of filing first is feeling in control. A divorce can be an extremely difficult, upsetting, and overwhelming time.

Taking that first step toward resolution can be an empowering feeling and help you to regain some control over the trajectory of your life, finances, living situation, and relationships.

Cons of Filing for Divorce First in California

No one should walk into the divorce process with blinders on, so it’s crucial to understand the several cons of filing for divorce first in California. Carefully consider each of these possible negatives before making a decision.

Financial burden

The petitioner is likely the one who will be responsible for the upfront filing fees, meaning a greater initial financial burden.

Seeking legal aid first also means you are likely to retain it for longer overall, which may mean you have paid more overall when the divorce proceedings are complete.

Potential for conflict

Filing first, especially if you have not notified your spouse of your intentions, may cause conflict or escalate existing tensions.

Being hit with a divorce unexpectedly can be surprising, upsetting, and hurtful and can lead to more malice and emotions throughout the proceedings.

While the best course of action is to have an upfront conversation before filing, we know that this is not always possible.

So, if you do intend to file first without notifying your spouse, it’s important to be ready for the potential conflict that may follow.

Revealing your hand

Your initial filing will contain your desired outcomes from the proceeding, which you will reveal to your spouse.

This gives them the opportunity to dig in their heels and push back at your requests.

In some circumstances, they may not be aware of your end goals, which can lead to a more flexible and mutually beneficial negotiation if you do not file first.

No automatic "win"

Despite what some say, filing first does not grant you an automatic “win” of the divorce.

Filing first does not give you an advantage when it comes to financial or property distribution, custody, or spousal support (alimony.)

Factors to Consider Before Filing First

So, given the pros and cons of filing first, how do you decide what the right course of action is? While seeking legal advice is the best way to choose how to handle your specific situation, here are some of the main factors you will be asked to consider so you can be better prepared.

Your emotional state

Are you prepared for the legal and emotional challenges of divorce? Filing first does not give you an advantage if you are underprepared.

Take time to calm your mind and assess whether you’re ready to go through with this.

On the other hand, if you’re feeling powerless, filing first can help to set things straight and get you on a better path.

Financial stability

It’s key to consider the initial costs and potential for increased legal fees. Filing first requires you to pay an initial filing fee (generally $435-$450 in California). A fee waiver may be possible if your financial situation dictates it.

On top of the filing fee, however, you need to be able to afford legal aid from the time you file. If you file first, you will naturally have to pay legal fees slightly longer than your spouse.

The complexity of your case

Are complex assets, debts, or custody issues requiring careful planning before filing? Make sure that you have all your ducks in a row.

While it’s tempting to file as soon as possible to get the ball rolling, doing so before you're prepared can lead to a longer and messier process, with a higher potential for unfavorable outcomes.

Filing first can also give you an advantage in this area if you need temporary orders for custody or asset evaluation/division.

The Importance of Legal Counsel

The very best thing you can do to give you an advantage in your divorce is to secure good legal counsel. Choosing to file first is an important and highly case- and situation-specific decision.

A qualified California family law attorney can provide tailored advice based on your unique circumstances, helping you weigh the pros and cons and develop an individualized approach.

You need the right guidance and support to decide if you should file first. The Family Law Specialists and associates at Holstrom, Block & Parke, APLC, are ready to steer you through from start to finish.

Give us a call at 855-939-9111 or contact us online to get started with a confidential consultation today and get ready to begin the next chapter of your life.

Life is unpredictable, and there may be a variety of reasons that you want to put a hold on your divorce proceedings in California. So what are your options for doing so legally? And how long can the hold last?

The answers depend on where you are in the process and your reasons for wanting to put the divorce proceedings on hold. Your divorce attorney can explain the options that make the most sense in your situation, but here are some general strategies to consider.

One Party May Ask the Court for a Continuance

Putting a legal proceeding like divorce on hold requires specific legal action. If you just refuse to comply with requirements or fail to show up for court, there will be negative consequences that you don’t need. However, you can have your attorney ask the court if the matter may be put on hold by filing a motion for continuance.

Filing the motion is putting in a request, and the court has the discretion to grant or deny the request. Therefore, you need to be sure your attorney includes compelling reasons for your request. If the court believes a request for continuance is being made to delay the case unnecessarily, the request is likely to be denied.

A continuance usually puts the case on hold for 30 days, but a longer hold can be granted if justified. Holds of 45 or 90 days are not unusual. It may be possible to request additional continuances later but you will need to submit a separate motion with justification each time.

Justifications for a Continuance in California

According to Rule 3.1332 of the California Rules of Court, to alter or slow the course of justice through a continuance, you need to present a valid reason. Otherwise, the court may assume that you are using the continuance as a way to frustrate the other spouse and drive up their divorce costs. An experienced attorney will understand the reasons the court will find persuasive and those that may be considered frivolous.

Reconciliation

One of the most common reasons for requesting a continuance—and one that is also likely to be granted—is that both spouses are trying to reconcile and stay married. If the judge believes there is a chance you will reconcile, then the court will grant a continuance.

At the end of the 30 day hold, if you have decided to stay married, then the party that first filed for divorce should file a request for dismissal and then will end the divorce process. If you did not reconcile, then either party can file a motion to remove the hold and continue with the divorce proceedings.

Change in Status of the Case

The rules provide for a continuance if there is a “significant, unanticipated change in the status of the case.” For instance, if both spouses agreed on a number of issues and one spouse suddenly changes their mind, the other spouse may be granted a continuance to give them time to prepare to adjudicate the issue.

Illness or Death

If either spouse has a medical problem, that can serve as grounds for a continuance. Similarly, if either spouse’s attorney is unable to work on the case or appear in court for medical reasons, then the court is likely to grant a motion for continuance. In addition, if a spouse needs to hire a new attorney due to the medical problem or another issue, the court may grant a continuance to give the new legal counsel time to get up to speed on the case.

Extension of the Waiting Period

Another method of putting a divorce on hold in California would be to ask the court to extend the six-month waiting period that is required before a divorce can be finalized. While the law does not provide a method for shortening the waiting period, Section 2339(b) of the California Family Code grants courts the authority to extend the six-month period “for good cause shown” As with the motion for a continuance, an experienced attorney can work to present a request to the court that demonstrates persuasive and compelling reasons while the waiting period should be extended in a particular case.

Talk to Holstrom, Block & Parke APLC to if You Want to Put a Divorce on Hold or Object to a Continuance

In some cases, a hold on the divorce process is justified while in other situations, one party tries to use the legal process to harass the other by delaying the proceedings. Whether you want to request a continuance or extension or you want to block maneuvers you believe are unjustified, the experienced team at Holstrom, Block & Parke, APLC is ready to put 300+ years of collective experience to work to achieve your goals. Contact us today to schedule a confidential consultation and learn your next steps.

The family home is a huge investment both emotionally and financially, particularly in California where real estate prices are high and properties are often quite unique. Divorcing couples usually have a strong opinion about whether they want to sell the house and cut ties with the past or keep the home to maintain a sense of continuity and security. Unfortunately, those strong opinions are often completely at odds with each other.

If one spouse wants to sell and the other spouse does not, can a sale be forced in California? The answer depends on the circumstances. When you have a strong preference regarding the sale of the house, it is a good idea to let your divorce lawyer know as soon as possible so that your attorney can strategize to achieve your objectives. Courts have considerable discretion regarding this issue, so it is important to make your most persuasive arguments because powerful reasoning could make all the difference in the outcome.

How Home Ownership Works in Divorce

All assets owned by married couples in California are classified as either separate property or community property. When couples divorce, each partner keeps assets that are considered their separate property, and the partners divide the interests in assets classified as community property.

Almost all assets acquired while a couple is married (before the date of separation) are considered community property owned jointly and equally by both spouses. That property is divided evenly in divorce.

Property a spouse owns before the marriage started, as well as property they receive as an inheritance or gift, is that spouse’s individual separate property.

A house could be entirely community property or entirely separate property, or it could fall somewhere in between. For instance, one partner might have bought a house before the marriage but made payments on the mortgage during the marriage with funds they earned while married, which are community property. Even if the other spouse didn’t work or contribute any of their own funds to the mortgage, the fact that funds earned during the marriage are jointly owned means that some of the equity in the house belongs to both spouses. 

When the house is community property, even only partially, then both spouses have a say in what happens to it. Most of the time, spouses must agree in writing in order to sell a house during the divorce process. But there are exceptions where one spouse could essentially force a sale.

When the Mortgage is in Default

If there is a risk that the marital home could go into foreclosure and equity could be lost, then courts generally find that it makes sense to sell the home to preserve the equity. One spouse should ask the court to issue an order allowing for the sale, and it would be highly unusual for the court to deny the request even if the other spouse objects to the sale. So when the home equity is in danger, then one spouse can probably force the sale of the house.

In Cases of Financial Hardship

Another situation where a spouse might be able to convince the court to allow the sale of the house despite the objection of the other spouse is when the spouse making the request has demonstrated financial hardship. If a spouse can show that they have no money to live on or to pay court costs unless the house is sold, then the court may issue an order for the sale of the residence to alleviate financial hardship.

Issues to Consider Regarding the Sale of the House

There are many issues associated with the sale of a home that should be addressed as well. If you’re requesting an order for the sale of the marital home, it is a good idea to ask for provisions specifying: 

• What percentage of equity is held by each spouse
• Whether the house will need repairs before the sale
• How the cost of any repairs, maintenance, or fees will be allocated between spouses
• The agent that will handle the sale
• The initial listing price and bottom-line price

It is also helpful to include a requirement that both spouses will cooperate in the showing and marketing of the property. If one spouse refuses to let potential buyers in, for instance, then that spouse would be violating a court order and the other spouse would have legal remedies available.

Holstrom, Block & Parke Protects Your Property Interests in Divorce in California

Disagreements regarding your home or other property issues can lead to significant delays and animosity in the divorce process. The Certified Family Law Specialists and associates at Holstrom, Block & Parke, APLC work to help you reach resolutions that safeguard your interests and your sanity. To learn more about the ways we can protect you in a California divorce, schedule an appointment with our team today. 

Many people mistakenly believe that California’s community property laws make it simple to divide property in divorce. The thinking is that if both spouses get half, how hard can it be to figure out?

The answer is that it can be extremely difficult–if you’re paying attention to the right details. One of those details is liability for capital gains tax. Both the federal government and the state of California impose significant taxes on capital gains and if you don’t account for the potential tax liability when dividing property, one spouse could easily end up with an unequal share of the true value of marital assets.

The Transfer in Divorce is Not the Issue

Under California law, property acquired during the marriage is jointly owned by both spouses, even if one spouse earned it or bought it. This property gets divided during the divorce process, but it is usually not a literal division. No one wants half a car, for instance. Instead, couples generally assign a value to each asset and then develop a plan to allocate assets worth half the value to one spouse and half of the value to the other. During the process, assets may be transferred between spouses. A car titled in both names may be retitled in the name of one spouse or a new deed may be created transferring the family from both partners or the name of one partner.

The transfers that occur in the process of dividing assets during divorce generally do not trigger tax liability. What you need to be aware of is the potential for capital gains tax after the divorce because that potential can affect the current value of an asset.

Understanding State and Federal Capital Gains Tax

Capital gains tax is a tax obligation based on the profit earned from selling an investment. That investment could include stocks, bonds, collectibles, real estate, or anything that increases in value. For instance, if you bought 100 shares of stock when it was selling for $5 a share and you sell those shares when the price has gone up to $8 per share, then you have reaped a capital gain of $3 per share or $300. That $300 will be taxed by both the federal government and the state of California at the applicable capital gains rate. The rate varies according to factors such as how long you have held the investment and your overall tax bracket.

How Capital Gains Taxes Can Impact Assets in Divorce

The reason you need to pay attention to capital gains tax during divorce is that it impacts the value of assets. If you own $1,000 worth of stock in ABC corporation and $1,000 worth of stock in XYZ corporation, their actual value might be different when you take capital gains tax into consideration. You might have purchased the ABC stock years ago when it only cost $250 while the XYZ stock might be a recent purchase that hasn’t gone up much in value. If a marriage settlement gives one spouse the ABC stock while the other spouse takes the XYZ stock, the spouse with the ABC stock will eventually owe capital gains tax on the $750 increase in value while the spouse with the XYZ stock may not owe any capital gains tax at all. Even if you don’t plan to sell an asset immediately, you need to consider whether it has appreciated in value and how much tax you would owe if you were to sell it. Subtracting that amount gives you a more accurate picture of the true value of that asset.

This can be complicated to calculate in some situations, such as when you have been acquiring stock gradually over the years as part of a profit sharing plan. But if you want to ensure that your property division agreement is truly fair, it is important to work with an attorney who is willing to delve into these details.

The Team at Holstrom, Block & Parke Understands How to Protect Your Interests in Community Property

Capital gains tax liability is just one of many factors that can affect the real value of your property settlement in a California divorce. The Certified Family Law Specialists and associates at Holstrom, Block & Parke, APLC can help you accurately assess all property and debts to help you keep your separate property and get the correct share of community property. For a confidential consultation to learn more about the ways we can safeguard your interests in divorce, contact us today.