Category Archives: Divorce
Forensic Accountants and Their Role in a Divorce
Divorces in California are often complex, especially with regard to the division of community property. Under the California Family Code, most assets and debts acquired during the marriage are considered community property and typically must be divided equally between the spouses in divorce. Yet the process of asset identification and valuation can be difficult,… Read More »
Tracing Methods for Commingled Property
If you are currently planning for a divorce in California, it is important to know that most assets and debts acquired after the date of your marriage and before the date of your separation will be considered “community property” under California law and will be equally divided between both spouses. Assets and debts acquired… Read More »
Can I Seek a Legal Separation Instead of Divorce?
If you are having problems in your marriage, and you and your spouse are considering separating, you may have questions about your legal options. Unlike some other states, the California Family Code allows for both legal separation and divorce. Recognizing that state law permits both, you may be wondering if you can choose to… Read More »
How Will the Court Treat Commingled Property in My Divorce?
In every divorce case in California, part of the divorce process involves distributing community property. Under California’s community property laws, the court will typically split the community assets in an equal, or 50/50 manner, between the spouses. All separate property will usually be confirmed tothe spouse who owns the separate property. Yet complications can… Read More »
Can I Choose to Seek an Annulment Instead of a Divorce?
Are you considering the possibility of ending your marriage? If so, you may be wondering if you are able to file for an annulment rather than a divorce. The process of annulment is often misunderstood, and many people are under the misconception that annulment is easier than going through a divorce and that it… Read More »
Will My Prenuptial Agreement Be Enforced in My Divorce?
Many married couples in the San Jose area have prenuptial agreements, also known as premarital agreements, that they entered into prior to their marriage. Premarital agreements are quite common, and they allow parties who will be getting married to reach agreements about issues, such as the division of assets or debts, or spousal support… Read More »
How Are Pensions Divided in a California Divorce?
Whether you have been married for only a few years or for many decades before a divorce, you and your spouse have likely contributed to your respective retirement savings during your marriage. Given that most property acquired during the marriage will be classified as community property and subject to distribution, you should anticipate that,… Read More »
Do Prenups Cover Digital Assets?
As digital assets continue to grow in value and importance, more couples are asking whether prenuptial agreements (prenups) can cover online businesses, cryptocurrency, domain names, and other digital properties. In today’s digital age, assets are no longer just physical or financial. They include social media accounts, online businesses, NFTs, and even intellectual property like… Read More »
Can You Keep the Family Home After a Divorce in California?
Divorce is a challenging process, and one of the most emotionally charged issues is deciding what happens to the family home. For many couples in California, the family residence represents financial stability and emotional security. Under California law, property division follows strict guidelines, making it essential to consult Foster Hsu, LLP to understand your… Read More »
Navigating Virtual Divorce Hearings in the Zoom Age
The COVID-19 pandemic has accelerated the adoption of technology in various aspects of our lives, and the legal system is no exception. Divorce proceedings, once conducted exclusively in-person, have now embraced the virtual realm. In California, courts have increasingly utilized video conferencing platforms like Zoom to conduct hearings. While this shift offers convenience and… Read More »
