Blog

After Benzos the Amazon CEO and Washington Post owner has announced his divorce, what is potentially leading to the costliest divorce settlement in history with $137 billion at stake. 

There are no reports indicating the couple had a prenuptial agreement, meaning the wealth accumulated during their marriage would have to be split evenly if no agreement was reached otherwise. 

Since the time of the initial announcement, agreement was reached by both parties settling the split and the future control of the company.  In the big scheme of things, it was a good outcome for both parties and it ensured the continued stability of the company. 
 

For business owners facing divorce, the threat of losing the business as part of the divorce can be an all too real threat. In cases before, businesses have been lost to divorce agreements – either because of property laws or as the result of a sale in order to raise cash. 

If you have a business and are you thinking about filing for divorce, we want share some tips with you.  It is a good idea to always engage in these practices…not just when a divorce seems imminent. 

 
 
STRATEGIES TO FOLLOW IN BUSINESS TO LIMIT YOUR EXPOSURE BEFORE DIVORCE 
 

1.-Keep the family’s finances separate from those of the business. 
2.- If you receive payment from your business, pay yourself a reasonable salary 
3.- Sign a prenup. If your business existed before you were married, you could assign it as a separate property owned by only you in your prenuptial agreement. 
4.- Secure an early postnup. This is the agreement that is signed after the wedding. You can designate your business as a separate property owned by only you. It’s ideal that you sign this postnup before the marriage dissolves — ideally more than seven years before a breakup.
5.- Have insurance. A whole-life insurance policy that establishes cash value can be liquidated to provide the funds to buy out a spouse’s share of the business if need be. 

STRATEGIES TO FOLLOW TO KEEP YOUR BUSINESS AND LIFESTYLE AFTER A DIVORCE SEEMS IMMINENT OR HAS BEGUN 

 
1.- Trade other assets in exchange for 100% controll of the business.  he couple’s total assets are added up and then divided. You might want to cut assets such as retirement accounts, the family residence, or vehicles, in exchange for 100 percent of the business.
2.- Arrange to make any payments to an ex-spouse over time. You may be able to arrange to pay an ex-spouse gradually in monthly payments.  
3.- Get a good estimate of the value of the business. Once you have that number, get a second opinion to review the terms before you agree to it.
4.- Fire Your Spouse. If you have hired your ex-spouse, ease your spouse out of your business (legally) 
5.- Search for professional advice. Retain the services of an family lawyer who can protect your interests and give you sound legal advice based on decades of experience. 

 
If you recently have been served with divorce papers in Long Beach, Seal Beach, Lakewood, Palos Verdes, San Pedro, Newport Beach, or Los Angeles; we can help you to understand the business impact of your situation and advise you in how best to respond and protect your assets. Call us to schedule a free consultation at   562-439-9001. 

 

When you get served with a divorce, it is a shock.  It is easy to think irrationally.  Even to refuse to sign the document.  Whether you sign the papers or not, your divorce process has begun.

There are two parties in a divorce.  One is the spouse that makes the application to divorce (PETITIONER); and the other is the spouse who was served with divorce papers (RESPONDENT). How the divorce proceeds will depend on the respondent.

---

Contested Divorce.

A contested divorce is when the respondent doesn’t agree with one or all terms of the separation. This may involve:

• Division of Property
• Child custody
• Child Support
• Spousal Support
• And more…

If you are the respondent, and you do not agree with the terms of the divorce, it is essential you contest the divorce papers.  These documents have to be addressed to the court with the help of a lawyer specialized in family cases.

Uncontested divorce. 

An uncontested divorce Is when the respondent doesn´t sign or respond to the divorce paper; or when the respondent agrees with all of the terms. In the case that the respondent didn’t answer in time, (s)he automatically loses the right to negotiate for conditions that are in his or her best interest.

 If I´ve only been married for a short period of time, shouldn’t my divorce be easier?

The divorce process is not impacted by the length of marriage as much as the following variables:

·         Shared property

·         Child support

·         Child custody

·         Spousal Support

 

---

Usually, the respondent has 30 days to respond to divorce papers; if the respondent doesn’t answer, it can result in a default judgment, which means the terms proposed by the petitioner will be accepted. The respondent will lose the right to fight for conditions that are more favorable to their situation.

---

If you recently have been served with divorce papers in Long Beach, Seal Beach, Lakewood, Palos Verdes, San Pedro, Newport Beach, or Los Angeles; we can help you to understand what the documents say and how you should respond.  William D. Evans family law attorneys are here to help you. Call us to schedule a free consultation at   562-439-9001.

Even though you´re going through a divorce, your spouse does not have the right to be emotionally abusive.  If this is happening to you, you have to understand that your divorce process will probably be even more demanding than the typical divorce.
But first, we have to define…
What is emotional abuse?
This kind of abuse does not leave physical marks, but is still extremely painful and damaging.  This type of abuse can also manifest in several different ways.  Some examples of emotional abuse can include:

• Isolation
• Yelling
• Making threats
• Spreading lies on social media
• Sharing personal and private photographs/conversations
• Controlling financial decisions and accounts
• Criticizing appearance, weight, clothing and culture

---

Emotional abuse usually causes strong feelings of shame, helplessness, and fear and can result in serious emotional distress and psychiatric damage.

That´s is why it is very important to keep records.

Records.
When you are divorcing someone who previously was, or continues to be, emotionally abusive; the divorce process will probably be even more demanding than the typical divorce.
It is very important you know that you can ask for legal help with this issue. Make sure you track any proof of abuse during the time you were married and throughout the divorce process. You may have a restraining order against your abuser, in which case he or she is forbidden from contacting you. If he or she continues to contact you, keep a record of these restraining order violations and report them.  Remember you can´t do it by yourself.  You need a trusted advisor who can give you the best path to a successful legal solution.

What is next?

You may be ordered to attend mediation to resolve your issues. If mediation doesn’t work, your divorce may go to trial. Here, a judge will consider arguments and evidence offered by both sides. If your spouse has engaged in unreasonable and hurtful behavior that’s caused you extreme emotional pain, you may be able to use this to your benefit at trial.

Child Custody
If you and your spouse shared any children in your marriage, the divorce process will also address the custody of your children. In cases where there is a record of abuse by one parent, the other parent typically has a substantial advantage if he or she wishes to obtain primary or sole custody. A judge will consider the best interest of the children and the behavior of each parent is an extremely important factor. Again, the records you keep of any abusive behavior your spouse exhibits, either towards you or your children, can be used to help you obtain the custody you seek.

If you’ve been the victim of intentional emotional abuse in Long Beach, Seal Beach, Lakewood, Palos Verdes, San Pedro, Newport Beach, or Los Angeles, do not hesitate to contact experienced attorneys for help. William D. Evans family law attorneys are here to help you. Call us to schedule a free consultation at   562-439-9001

• 

---

As an experienced Long Beach family law attorney, I deal with child support issues on a daily basis.  This post is the first in a series to provide you with the information needed to understand how the court will decide the issues in your Long Beach child support case.  The issue of child support most frequently arises in a divorce action, but child support is also awardable in paternity actions under the Uniform Parentage Act and in public assistance reimbursement proceedings.

Read More “California Child Support Basics”

As a Long Beach child support attorney, complex issues often arise in the determination of an appropriate child support award and monthly payment amount to be paid by a parent.  An issue which frequently arises involves a parent who is willfully unemployed or underemployed by working part time or in a job below the skill level or employment experience of the parent for purposes of diminishing the amount of income available for child support.  The court has wide discretion in determining a fair amount of child support in those cases and the services of a superior Long Beach child support attorney are required to ensure a proper result.

Read More “Determination of California Child Support–Imputed Income”