When you are going through a divorce you will have to divide your property and debts. Generally, anything that was acquired during the marriage is considered community property or community debt. And therefore, the court will divide those things 50-50. Anything acquired before the marriage or after your date of separation, is separate and that will be awarded to the person who acquired it. Anything acquired by inheritance or gift is also generally considered separate property.
So when you are going through your divorce, a lot of people will say “well, all the assets are in one person’s name. Or all the debts are in one person’s name.” that does not control whether it is going to be considered as community property. What really controls that is what date the asset or debt was acquired. Well, title or being in someone’s name can have an effect on the characterization of the property that is not the controlling factor.
Dear Emily Robinson, Thank you for your services and helping reach a settlement. I would definitely recommend you to anybody who needs a good attorney to handle a divorce case.Regards, GD
Dear Emily Robinson, I greatly appreciate your tireless effort in fixing this difficult situation. Thank you so much and God bless you!Regards, E
Thank you so much for all your support and help! You can't imagine how glad and calm you make me feel ...
Thank you for being our angel!Regards, G
Emily Robinson, I know I have said it in some form or another before, but THANK YOU for all that you have done to get me to this point. It sure took a village. You were the calm in the storm and always knew the way to get us thru the barrage of BS... I would not have wanted anyone else by my side throughout this. YOU are the one that made me feel I was not crazy at times. You are so sweet, supportive, realistic, clever, creative, wise, with amazing resilience, tenacity, and patience. Thank you for having my back always.Regards, BT
MY PRACTICE AREAS
What makes me qualified?Emily graduated from UC Hastings College of the Law and is a certified mediator. Prior to that, Emily attended UC Santa Barbara where she graduated with a B.A. in Psychology and a B.A. in Communication.
– How Initial Divorce Consultation Works
The attorney is going to want to know the facts of your situation. What’s been going on in your life that’s led to the divorce. What kind of property do you have? What your finances are like? And what kind of custody of schedules you like to see for the children. And to just kind of feel out how you have been planning. What you’ve been thinking in terms of the divorce.
Now if you have no plan and you haven’t been thinking of anything yet and you’re just sort of in a daze trying to figure out what to do which is the case for a lot of people. That’s absolutely fine. Just let the attorney know that and they can ask you the right questions to elicit the necessary information.
– An Overview of the Divorce Process
The basic process is one party will file for divorce. They will get a case number and get the documents back from the court. And, they will have those documents served to the other party. The other party has 30 days to respond to the divorce documents. Once that party responded, then the parties will exchange financial, income, and asset information and try work out a settlement. If you were unable to decide a settlement then we will set a trial date. The court will decide how to divide your property, your custody issues, and your support issues.