Solana Beach Family Law Blog

Debts will be divided during property division

Debt collectors will go to long lengths to collect what they are owed. If two individuals are on an account, the debt collector may go after both parties until the balance is paid in full. During a divorce in California, the debts of the two parties can be divided along with other financial matters in the property division process. Unless the proper steps are taken, joint creditors can still go after both names on the account. 

Some people believe that the divorce judgment is enough to protect them from being pursued by creditors when the other party is ordered to assume responsibility for a certain debt. Unfortunately, the creditor is usually not bound by the divorce decree and can still seek repayment from both individuals on the account. The typical joint debts that a couple may share include mortgage, car and home equity loans, along with credit card accounts. The property division process will help an individual determine which debts he or she will be responsible for and which debts will be paid by the other party. 

Heather Locklear arrested on California domestic violence charges

Problems in the home can affect the common people as well as the rich and famous. California actress Heather Locklear was recently arrested and charged with domestic violence and assault on a police officer. Reportedly, this is a felony charge and could possibly have a long-term impact on the actress. For many, the unsafe situation of violence in the home becomes a matter in family court. 

On one recent Sunday in February, at approximately 10 p.m., officers responded to a 911 call to Heather Locklear's residence. A domestic disturbance was reported. When deputies arrived on the scene and contacted her, she reportedly became uncooperative and combative, leading to three misdemeanor counts of assault on an officer.  Deputies claimed that they were kicked and pushed by the actress. 

Creating a visitation plan in California

Going through a divorce while raising children can feel draining and sometimes it might feel as though every action you are taking is a negative one. However, there are many positive steps that you can take in order to secure a bright future for you and your children. One of those positive actions is to create a visitation schedule or parenting plan so that you are well equipped to coparent and introduce structure into your "new normal."

Writing a good visitation plan can be the key to success for your family. It is important that you work with your ex spouse to make sure that you are both in agreement. One strategy that often proves successful is having one parent write the first draft of the plan, then proceeding by asking the other parent to suggest any amendments or additions that they both would like to see. In this way, a productive negotiation and discussion can begin.

Man avoiding child support for 20 years finally found

He ran, but he could not hide. An individual who had fled the country attempting to evade child support obligations was finally apprehended and transported back to the United States. According to the Office of the Inspector General, the man owed $560,000 in back payments to his now-adult children. This story may be interesting to individuals in California who hope to someday recover back payments from a parent who has gone on the run. 

A maraschino cherry apparently played a role in the man's undoing. He was a regular at a Canadian bar, going by a fake name, when he ordered a drink with eight maraschino cherries. When he got his drink, he later claimed to have damaged a tooth. He returned later with some supposed documents from a dentist, but the store manager was suspicious. 

High asset divorce affected by new tax code

During the process of ending of a marriage, the two parties will need to settle important financial details. When a separating couple has significant assets between them, alimony payments could be part of the financial settlement of the high asset divorce. A recent change to a long-standing tax policy may have these high-asset couples rushing to divorce before the changes come into effect in California. 

Typically, in a situation in which alimony is considered, one of the former spouses is a high-earner and the other earns less. The person with less income may have chosen to be a stay-at-home parent, or the person could have chosen to work part time or at a job that simply didn't pay as much. At the time of the divorce, the divorcing couple may negotiate support payments to help maintain one of the spouses in the aftermath of the divorce. 

Divorce mediation can help create an action plan for settlement

If an individual is able, he or she may choose to enter a structured negotiation to settle the details at the end of the marriage. The divorce mediation option is available to individuals who wish to settle the divorce in a less adversarial manner by addressing issues between the spouses the help of an impartial third party. When working toward a final settlement in California, it makes sense to have an action plan to ensure when and how the details of the settlement will be implemented.  

An individual facing divorce will likely need to settle details about any shared assets, support payments and investment accounts. During mediation, a couple will work together with their respective attorneys to negotiate a plan to handle the financial issues. Once the parties have chosen who gets what, and how the various funds will be apportioned, an action plan can help implement the agreement.

Property division during divorce starts with information

A divorce can take an emotional and a financial toll on the individuals involved. For many, the process of separating the family assets, known as property division, can be overwhelming. Luckily, there are steps that one can take in California to make the ordeal less stressful and more predictable. 

During a divorce, the two parties will split the community property. In California, this property is considered equally owned by both parties to the marriage. An individual may be able to make the process easier by gathering all the relevant financial documents for the questions that will come up. Some assets to think about when separating are financial accounts, investment accounts, bank accounts, real estate, stocks and bonds and vehicles. A person will likely want to collect documents about any family debts as well. 

Could mediation be an alternative in your pending divorce?

When couples contemplate divorce, there are often many issues that they about which they disagree, including child custody and asset division. If you can't come to a mutual agreement and don't have a prenuptial agreement in place, you might think that your only choice is to fight it out in court and let the judge make the final decision.

In reality, for couples who are capable of compromise, mediation may be a great alternative to a litigious divorce. If you don't currently agree about key decisions related to your divorce, mediation may help you reach accord about contested topics. Considering mediation instead of heading straight to court could save you a lot of time, money and stress during your divorce.

Choosing a child custody plan begins with knowledge

At the end of a marriage, those individuals who are parents will likely be thinking about what to do with the children. While many families will opt for shared child custody, others will decide that another type of custody plan will work for them. In California, there are many possible arrangements for individuals that co-parent with an ex. 

Custody can be broken up into two major categories, and then from those categories other options are formed. When it comes to care of the children, there is legal and physical custody. Legal custody refers to the parent's ability to make decisions about the life of the child, especially medical and educational. Physical custody refers to a parent's ability to have the child reside with them at home. 

Domestic violence an unpleasant reality in California

As a new movement towards protecting women's rights sweeps the nation, states begin to look at ways to end harm against women. Recently, many sexual abusers and harassers have been outed, and this news has led some to look more closely at the issue of domestic violence. In California, many women struggle with domestic abuse and intimate partner violence. 

Statistics reveal that 40 percent of women in California have experienced some form of domestic violence during their lifetimes. Some 10 percent of homicides in the state are linked to intimate partner violence. The Blue Shield of California Foundation has researched the topic and found that three out of five respondents to their survey have experienced domestic violence in some way, whether being a victim or an abuser, or having friends and family members who were affected. 

In Solana Beach and throughout the greater San Diego area, Ratzer Family Law is your best choice for experienced representation with personalized service. Contact us online or call 858-925-8099 today.


We Want To Help

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

505 Lomas Santa Fe Drive, Suite 130
Solana Beach, CA 92075

Toll Free: 866-204-7559
Phone: 858-925-8099
Fax: 858-793-7701
Solana Beach Law Office Map