A California divorce is officially called a dissolution of marriage. Under California divorce law, the court declares the matrimonial contract broken. Historically, divorces could only be granted within specific parameters such as adultery and mental cruelty. However since the application of statute no. 2310 in 1970, those limitations have been removed.
Today, a divorce in California is granted on the grounds of "irreconcilable differences." Irreconcilable differences are any grounds that the court determines to be substantial reasons for the marriage not to continue. California was also the first state to implement the concept of a "no-fault divorce." Under this California divorce law, if a married person wishes to divorce, he/she can do so, even if the other person disagrees. Another statute related to irreconcilable differences is statute no. 2334, where if it appears that there is a reasonable possibility of a reconciliation, the court will continue the divorce proceeding for up to 30 days. After the continuance ends, the court may enter a judgment of divorce on the motion of either spouse.
Finally, a marriage may be dissolved on the grounds of incurable insanity under California divorce law -- but only if the husband or wife can prove by competent medical or psychiatric testimony that the insane spouse was incurably insane at the time of the marriage.
To read this article in its entirety, please click here.
For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/--
Thursday, August 12, 2010
Stop parental alienation by separating fact from opinion when discussing your ex with the children
When people are in conflict, it is easy to get into the blame game, to feel superior, and see oneself as a victim. Unfortunately, far too many parents lack boundary control. They share their feelings of misery and anger with their children. But when one parent speaks poorly about the other to their child and encourages the child to believe that the target parent is less worthy and less important, Parental Alienation Syndrome (PAS) can occur. For your children, the results can be tragic.
You may think that your ex is the lowest, most vile, bottom dwelling snake in the swamp. But no matter how you feel about ex, you must reach deep into your character and be disciplined enough to behave responsibly and act according to what is best for your child. There is a big difference between fact and opinion. Facts are true. There is evidence or proof of what happened. Opinions are feelings. They're a spin that someone puts on facts. There is no proof that your ex actually is the lowest, most vile bottom dwelling snake in the swamp. This is an opinion. Proof would be something that is documented.
You may be profoundly disappointed that things didn't work out in your marriage. You may feel superior in the situation; nevertheless, this is the person that you chose to be your child's parent. Accept responsibility for that. Take the high road, get a grip, and filter out what is helpful from what is damaging to say to your children. Use discretion in the facts you share with your children. Let your child make up his or her own mind.
Jayne A. Major
To read this article in its entirety, please click here.
For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/--
You may think that your ex is the lowest, most vile, bottom dwelling snake in the swamp. But no matter how you feel about ex, you must reach deep into your character and be disciplined enough to behave responsibly and act according to what is best for your child. There is a big difference between fact and opinion. Facts are true. There is evidence or proof of what happened. Opinions are feelings. They're a spin that someone puts on facts. There is no proof that your ex actually is the lowest, most vile bottom dwelling snake in the swamp. This is an opinion. Proof would be something that is documented.
You may be profoundly disappointed that things didn't work out in your marriage. You may feel superior in the situation; nevertheless, this is the person that you chose to be your child's parent. Accept responsibility for that. Take the high road, get a grip, and filter out what is helpful from what is damaging to say to your children. Use discretion in the facts you share with your children. Let your child make up his or her own mind.
Jayne A. Major
To read this article in its entirety, please click here.
For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/--
Direct Examination of the Business Evaluation Expert
Skillful, seamless direct examinations are crafted by careful planning and attention to detail. Preparing the direct examination of a business valuation expert requires even more attention to details than most other examinations, as well as some knowledge, if possible, of the audience to whom you are presenting the evidence. How well does the judge comprehend accounting, finance and valuation principles? Where are the weaknesses in the positions being advanced? Upon what areas will your opponent focus the attack? The attorney must consider all of these factors when constructing the expert's examination.
When preparing the direct, consider whether there is any risk associated with your expert's credentials or ability to be accepted as an expert. Has the expert strayed from his or her field of expertise? Such examples may be the business appraiser who offers an opinion on compensation issues; the value of equipment; or even the fair square footage rental rates in a certain community, any or all of which may be outside of that expert's true field of expertise. If the expert is demonstrated to be lacking in the specialized knowledge required to formulate such opinions, you may find your expert's testimony is limited, stricken or excluded.
Joy Feinberg
To read this article in its entirety, please click here.
For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/--
When preparing the direct, consider whether there is any risk associated with your expert's credentials or ability to be accepted as an expert. Has the expert strayed from his or her field of expertise? Such examples may be the business appraiser who offers an opinion on compensation issues; the value of equipment; or even the fair square footage rental rates in a certain community, any or all of which may be outside of that expert's true field of expertise. If the expert is demonstrated to be lacking in the specialized knowledge required to formulate such opinions, you may find your expert's testimony is limited, stricken or excluded.
Joy Feinberg
To read this article in its entirety, please click here.
For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/--
The Cash Business in Divorce
If you are getting a divorce and your spouse has a closely held business that receives a significant amount of revenues in cash, you should be concerned about cash taken out of the business that is not reported. What can be done to account for this missing income, especially if your spouse is less than co-operative in revealing this information?
Here are some points to think about:
The key is to get a business valuation expert who is experienced with these types of cases, doesn't mind rolling up his/her sleeves, and has experience in forensic accounting. Also keep in mind that the cost of this type of assignment is usually much greater than just a straight-forward business valuation.This means you need to budget for this additional cost, and you need to do a realistic assessment of the cost versus the anticipated benefit.This can sometimes be difficult, as you may not know the extent of the unreported income (if any) until your forensic analysis is well under way. My advice is to plan the investigative process in phases so that you, your attorney and forensic / valuation expert can meet to review the preliminary findings and discuss the direction and extent of future work.
Being involved in your case is very important, especially if you have previously been involved with the business and are familiar with its operations and procedures. Even if you have not been involved in the business operations, it is important for your valuation expert to gain an understanding of how you lived and socialized during the marriage, as this information can be used to determine if the reported income is reasonable. For example, if your spouse alleges that he or she only receives $100,000 per year from the business, but your life style requires $350,000 per year to support, this would raise the possibility of unreported cash income, absent any other sources of funds.
Bruce Richman
To reead this article in its entirety, please click here.
For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/--
Here are some points to think about:
The key is to get a business valuation expert who is experienced with these types of cases, doesn't mind rolling up his/her sleeves, and has experience in forensic accounting. Also keep in mind that the cost of this type of assignment is usually much greater than just a straight-forward business valuation.This means you need to budget for this additional cost, and you need to do a realistic assessment of the cost versus the anticipated benefit.This can sometimes be difficult, as you may not know the extent of the unreported income (if any) until your forensic analysis is well under way. My advice is to plan the investigative process in phases so that you, your attorney and forensic / valuation expert can meet to review the preliminary findings and discuss the direction and extent of future work.
Being involved in your case is very important, especially if you have previously been involved with the business and are familiar with its operations and procedures. Even if you have not been involved in the business operations, it is important for your valuation expert to gain an understanding of how you lived and socialized during the marriage, as this information can be used to determine if the reported income is reasonable. For example, if your spouse alleges that he or she only receives $100,000 per year from the business, but your life style requires $350,000 per year to support, this would raise the possibility of unreported cash income, absent any other sources of funds.
Bruce Richman
To reead this article in its entirety, please click here.
For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/--
Interest Paid to your Ex is Deductible
When couples divorce, their property is generally split equally between them. But often, the couple has a balance sheet that doesn’t easily divide. If one spouse wants to keep more assets than the other, and has no source of funds to equalize the division, he will give his spouse a promissory for the difference. The note is for the amount of the amount needed to equalize the division of property, and usually provides for payments of principal plus interest at a reasonable rate.
A recent court case clearly has established that the interest paid to the ex-spouse is taxable to her, even though the principal on the note is exempt from tax as a transfer incident to divorce (Gibbs, TC Memo 1997-196). So if the recipient has to pay tax on the interest, the paying spouse should receive a corresponding deduction on his income tax return, right? Not necessarily. Until recently, the IRS has ruled that divorce-related interest is non-deductible personal interest, and has disallowed any deduction for it.
Several court cases have sided with the taxpayer and against the IRS. John Seymour gave his wife Katherine a promissory note for $625,000 in exchange for her interest in their business and marital residence. The note was payable over ten years with 10% interest per year. The note was secured by a mortgage on the residence.
Ginita Wall
To read this article in its entirety, please click here.
For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/--
A recent court case clearly has established that the interest paid to the ex-spouse is taxable to her, even though the principal on the note is exempt from tax as a transfer incident to divorce (Gibbs, TC Memo 1997-196). So if the recipient has to pay tax on the interest, the paying spouse should receive a corresponding deduction on his income tax return, right? Not necessarily. Until recently, the IRS has ruled that divorce-related interest is non-deductible personal interest, and has disallowed any deduction for it.
Several court cases have sided with the taxpayer and against the IRS. John Seymour gave his wife Katherine a promissory note for $625,000 in exchange for her interest in their business and marital residence. The note was payable over ten years with 10% interest per year. The note was secured by a mortgage on the residence.
Ginita Wall
To read this article in its entirety, please click here.
For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/--
Your Children Are Worth More Under New Tax Laws
Your precious darlings are now worth a bit more to you. Since 1998 you can claim a child tax credit of $400 for each child under 17, increasing to $500 in 1999. The credit applies to your children, grandchildren, step children and foster children.
The credit begins to disappear once you income exceeds $75,000 ($110,000 on a joint return), and it is eliminated when your income exceeds $84,000 ($119,000 on a joint return).
Divorce Planning Tips for the child tax credit:
*
The child tax credit is available only if you claim the exemption for the child. Thus, the exemption is worth $500 a year more as a bargaining chip in divorce negotiations.
*
Divorcing parents should pay special attention to the phase-out rules. If one parent's income is over $75,000, he won't enjoy the full child tax credit. Thus, it may save income taxes to award the exemption to the lower-earning spouse.
here are three new tax-saving schemes for those paying education expenses for themselves or their children.
Educational IRAs. Parents can now contribute up to $500 a year to educational IRAs for children under 18. No deduction allowed for the contribution, but the IRA earnings are tax-free if used for higher education. Contributions for each child are limited to $500 a year, and only parents with income of $95,000 or less ($150,000 on a joint return) may make the full contribution. If both parents qualify, divorced parents will have to agree whether each parent will contribute $250, or one parent will contribute the full $500.
Ginita Wall
To read this article in its entirety, please click here.
For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/--
The credit begins to disappear once you income exceeds $75,000 ($110,000 on a joint return), and it is eliminated when your income exceeds $84,000 ($119,000 on a joint return).
Divorce Planning Tips for the child tax credit:
*
The child tax credit is available only if you claim the exemption for the child. Thus, the exemption is worth $500 a year more as a bargaining chip in divorce negotiations.
*
Divorcing parents should pay special attention to the phase-out rules. If one parent's income is over $75,000, he won't enjoy the full child tax credit. Thus, it may save income taxes to award the exemption to the lower-earning spouse.
here are three new tax-saving schemes for those paying education expenses for themselves or their children.
Educational IRAs. Parents can now contribute up to $500 a year to educational IRAs for children under 18. No deduction allowed for the contribution, but the IRA earnings are tax-free if used for higher education. Contributions for each child are limited to $500 a year, and only parents with income of $95,000 or less ($150,000 on a joint return) may make the full contribution. If both parents qualify, divorced parents will have to agree whether each parent will contribute $250, or one parent will contribute the full $500.
Ginita Wall
To read this article in its entirety, please click here.
For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/--
IRS Declares Spouses More Innocent Than Before
The innocent spouse rules have been liberalized in new tax legislation, making it easier for spouses to qualify for tax relief. In addition, the legislation allows a spouse to limit her liability on a joint return to her separate liability. This is a boon to separated spouses who continue to file joint returns with their spouses, and it offers greater protection to divorced spouses who face liability for taxes on returns they jointly filed during marriage.
The innocent spouse provisions provide tax relief to a spouse who jointly files with her husband (or vice versa) if there was a tax understatement attributable to her spouse and she did not know about the understatement when she signed the return, nor did she have reason to know of the tax understatement. If she knew there was an understatement but didn’t realize the extent of the understatement, she may be granted partial relief.
Under new Internal Revenue Code Sec. 6015, a spouse can now elect to limit her liability for unpaid taxes on a joint return to her separate liability amount. That amount is the tax on items that would have been allocated to her had she filed a separate return. There’s one catch though – any item of which the spouse had actual knowledge is allocable to both spouses. The good news is that the IRS must prove that she had knowledge of the misstatement or omission that caused the deficiency.
Ginita Wall
To read this article in its entirety, please click here.
For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/--
The innocent spouse provisions provide tax relief to a spouse who jointly files with her husband (or vice versa) if there was a tax understatement attributable to her spouse and she did not know about the understatement when she signed the return, nor did she have reason to know of the tax understatement. If she knew there was an understatement but didn’t realize the extent of the understatement, she may be granted partial relief.
Under new Internal Revenue Code Sec. 6015, a spouse can now elect to limit her liability for unpaid taxes on a joint return to her separate liability amount. That amount is the tax on items that would have been allocated to her had she filed a separate return. There’s one catch though – any item of which the spouse had actual knowledge is allocable to both spouses. The good news is that the IRS must prove that she had knowledge of the misstatement or omission that caused the deficiency.
Ginita Wall
To read this article in its entirety, please click here.
For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/--
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