Fremont CA Matrimonial and Family Law Attorney | Serving Alameda/Contra Costa County 2026-05-21T16:10:56Z https://www.jdlaroselaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1204279/2019/09/cropped-515x515-32x32.png On Behalf of The Law Offices of Jonathan D. Larose, APC https://www.jdlaroselaw.com/?p=48293 2020-04-13T19:01:46Z 2020-04-13T19:01:44Z

40 to 50% of American marriages ultimately end. Over the past decade, more and more divorcing couples have looked to settle separations outside of court, either through a mediated or collaborative divorce. Both mediation and collaboration during divorce offer the advantages of incurring lower costs, avoiding litigation and finding custom solutions that fit a family’s specific circumstances. However, collaborative divorce offers important legal protections for both parties as well. Here are a few reasons to consider a collaborative course when facing separation from your spouse. Getting fair representation Mediated divorces rely on a disinterested third-party representative to resolve disputes between separating partners and come to legal agreements. However, a third-party mediator ultimately does not represent either spouse individually. In a collaborative divorce, each spouse retains her or his own legal counsel. While collaborative representatives are generally committed to a common goal of resolution, they are equally committed to ensuring outcomes that are in their clients’ most favorable interests. Finding custom family solutions Whether divorcing partners have significant shared assets or business holdings to disentangle or need to plan for the future of shared children, collaborative divorce offers separating couples much more control than litigation. When a divorce goes to court, legal statutes may have the final say about important decisions ranging from property division to child custody. During collaboration, couples may be able to work toward unique solutions to their specific circumstances without court intervention but with the aid of vital legal counsel. Planning for the future As Forbes notes, the collaborative divorce process may also minimize the financial damage involved in separation. In addition to avoiding direct court costs, collaboration often involves a shared interdisciplinary team of financial specialists, child therapists and other professionals who can help divorcing couples to develop the strongest plan possible for the future of the whole family.]]> On Behalf of The Law Offices of Jonathan D. Larose, APC https://www.jdlaroselaw.com/?p=48221 2020-03-03T19:41:22Z 2020-03-03T19:41:20Z

If you are going through a divorce, you may have some anxiety about your financial future. After all, not only must you adjust to a new way of life, but you may also need to figure out how to live on one source of income. Fortunately, California law ensures you receive an equal share of marital assets.  Naturally, you can only receive half of marital wealth if you know the value of the assets you and your spouse own. If your soon-to-be ex-spouse is a small business owner, he or she may attempt to disguise marital wealth by stashing it inside the business venture. Here are some possible ways to pull off this type of deception. 1. Paying for future services  It is not uncommon for small business owners to supply their operations with an influx of cash to cover necessary expenses. Your spouse should not, however, move assets to drive down the value of your marital estate. If your spouse pays upfront for future business services, hiding assets may be his or her real motivation.  2. Redecorating the office  Under normal circumstances, small business owners enjoy wide latitude to spend money as they see fit. If you are going through a divorce, though, your spouse may use marital wealth to pay unnecessary business expenses. A sudden redecoration of the office, for example, should raise your suspicion.  3. Making loans  Unscrupulous spouses may try to hide assets by making direct loans to friends, family members or others. If these loans come out of your joint checking account, you are likely to notice them immediately. Unfortunately, if your spouse funnels the loan through his or her business, you may need to take extra steps to determine if he or she is hiding assets.  Not only is hiding assets unfair, but it also carries with it significant consequences. Nonetheless, if your spouse is trying to gain an unfair advantage or put you in a worse position, he or she may deceive you. By understanding how a small business may act as a conduit for transferring marital wealth, you can better advocate for your fair share. ]]> On Behalf of The Law Offices of Jonathan D. Larose, APC https://www.jdlaroselaw.com/?p=48087 2020-01-08T22:18:38Z 2020-01-08T22:18:37Z

Even though you may have thought you would stay married to your spouse forever, not all marriages are sustainable. If you have decided to divorce your spouse, you likely want to focus on your financial future. Fortunately, if you and your partner have significant wealth, you probably have a solid foundation.  In California, each spouse receives half of the marital property during a divorce. Of course, you can only receive what is rightfully yours if you know the assets exist. Unfortunately, for a variety of reasons, your soon-to-be ex-spouse may try to hide marital wealth from you. There are some serious consequences for doing so, though.  Criminal consequences   It is important to understand that hiding assets in the lead-up to a divorce is illegal. When you go through a contested proceeding, you and your spouse must both submit a financial disclosure. Falsifying a financial affidavit constitutes perjury, which is a serious offense. Furthermore, depending on the steps your partner takes to conceal assets from you, he or she may commit fraud, forgery or other crimes. A judge may also hold a dishonest party in contempt of court.  Monetary consequences   It is generally difficult to hide assets successfully during divorce proceedings. After all, you and your spouse likely both have legal counsel familiar with uncovering deceptions. Additionally, anyone can contract with a forensic accountant to find missing wealth.  Nonetheless, a divorcing spouse may try to outsmart everyone. If he or she fails, though, monetary consequences are likely. For example, an irritated judge may award the honest spouse all of the hidden assets, even if it results in that spouse receiving more than a 50% share of marital property.  Clearly, hiding assets during divorce proceedings is a mistake. If you suspect your partner is likely to try to disguise wealth, you must act diligently to uncover the deception. By understanding the serious consequences that often accompany hidden assets, you can better advocate for the financial outcome you deserve. ]]> On Behalf of The Law Offices of Jonathan D. Larose, APC https://www.jdlaroselaw.com/?p=48004 2019-11-28T15:51:40Z 2019-11-28T15:51:39Z

Complicated finances for older divorcing couples Kiplinger reports that in the last 20 years, divorce rates have doubled for Americans 50 years and older. High-earning older couples typically have more complicated financial situations, with multiple pensions, IRAs and 401(k)s. Annuities, which are challenging to divide, are also increasingly common. As a result, following specific rules is critical to split everything equitably and avoid one of you facing an unexpected tax bill. Splitting everything 50/50 may be tempting, but it is not that simple. Pensions and 401(k)s require a judicial decree. If a 401(k) rolls over to a new IRA, there are no penalties or taxes, but you must pay taxes if you take some of the cash out. Change your beneficiaries at this time if you do not want your ex to receive the proceeds after your death. Divorce decrees and separation agreements The separation agreement or divorce decree can detail the division of an IRA. Although a judicial order is not needed, you must submit the official documentation to the IRA custodian. Even though the process for splitting an IRA is less complicated than other retirement plans, tax rules still apply. Understanding them before dividing the proceeds can help you avoid unexpected penalties. The process and requirements for splitting retirement plans vary, depending on the type of account. An experienced legal and financial team can help you and your partner minimize the penalties and streamline the paperwork if you have several accounts to divide.]]> On Behalf of The Law Offices of Jonathan D. Larose, APC https://www.jdlaroselaw.com/?p=47880 2019-10-04T17:01:26Z 2019-10-04T17:01:24Z

Child support calculation Child support is the monthly financial payment the court assigns to one or both parents to help pay for the children and their living expenses. In many cases, the court awards one parent more custody than the other, and the state includes the overall time spent with the children in the calculation. A judge determines what that monthly financial obligation will be for the parent who spends less time with the children, based on state guidelines and other factors:

• Parents’ net disposable income (after taxes and deductions)
• “Time-share” with each parent
• Medical insurance for the children

Payment exceptions Everyone has a unique situation, so there are exceptions to the laws and general financial calculations you should take into consideration if they apply to you:

• Insufficient payments: Depending on your situation, if the amount the court determines as fair according to state guidelines does not actually meet the best interests of the children, the court may make adjustments.
• Extended support: If both parents decide that child support should continue after a child turns 18, such as through college or for other reasons, you can arrange this.
• Living in different states: Parents living in different states can complicate matters. The Uniform Interstate Family Support Act helps state courts cooperate with each other. Speak with your local support agency for more information.

Protect time with your children California offers extensive resources that explain the details of child support and how to make changes in the future if your situation changes. Your county also provides a family law facilitator to help you with forms and to explain court procedures. If you expect your ex-spouse to be difficult in court, consulting with an experienced family lawyer can help improve the outcome of your case so it is beneficial for you and your children’s future.]]> On Behalf of The Law Offices of Jonathan D. Larose, APC https://www.jdlaroselaw.com/?p=46960 2019-06-27T17:08:54Z 2019-06-27T17:08:45Z

conceal their assets during a divorce to avoid having to divide everything with an ex. California is one of the few community property states, meaning the courts will divide all marital property equally (50/50) in a divorce. This law could motivate your spouse to hide assets. If you notice any of the following signs during a divorce, you may be going up against a dishonest spouse. Less transparency with finances Your spouse opening his or her own bank account, having financial statements mailed to a new address or otherwise becoming more secretive about financial matters could be a sign of hidden assets. Although it is normal for a divorcing couple to separate their finances, excessive secrecy during the process could be a bad sign. Lifestyle/income discrepancies If your spouse complains of not having a lot of money, yet his or her lifestyle suggests otherwise, your spouse could be hiding assets. The National Endowment for Financial Education finds 41% of couples who combine their finances admit to financially deceiving their spouses. Keep an eye out for signs your spouse could be lying, such as a new car or expensive clothes. Total control If you and your spouse own a business together and he/she takes over total control of the books, it could be a sign of deceit. Your spouse may be trying to reduce the value of the business before the divorce. Another red flag could be if your spouse has 100% control over shared bank accounts, online financial profiles, retirement funds, savings accounts, etc. International activity One of the most common places for a spouse to hide assets during a divorce is an offshore account. Offshore accounts in foreign places often have greater privacy, making them more difficult to discover. Look out for any international travel or activities leading up to a divorce.]]> On Behalf of The Law Offices of Jonathan D. Larose, APC https://www.jdlaroselaw.com/?p=48014 2019-12-04T16:18:51Z 2019-05-20T14:29:53Z

On Behalf of The Law Offices of Jonathan D. Larose, APC https://www.jdlaroselaw.com/?p=48009 2019-12-04T16:19:16Z 2019-04-17T14:25:32Z

On Behalf of The Law Offices of Jonathan D. Larose, APC https://www.jdlaroselaw.com/?p=48017 2019-12-04T16:18:32Z 2019-02-09T15:23:42Z