If you have decided to file for divorce, preparing in advance will help the process go as smoothly as possible. While everyone’s circumstances are different, there are some general steps that most people can (and generally should) take to prepare. With the caveat that this is not legal advice and there is no substitute for […]
Like many other states, California only allows spouses to file for divorce on “no-fault” grounds. The traditional fault-based grounds for divorce (such as adultery, abandonment, and domestic abuse) are no longer available. As explained by the California Courts: “California is a ‘no fault’ divorce state, which means that the spouse or domestic partner that is […]
The process of getting divorced involves many potential challenges. While some divorcing spouses are able to work together to reach an amicable solution relatively quickly, others can face challenging legal and financial issues, contentious disputes, and difficult questions that can impact the rest of their lives. Preparing yourself to avoid mistakes is a critical part […]
When going through a divorce, it is important to have as much accurate information as possible. Unfortunately, over the years, flawed assumptions and faulty information have proliferated across the internet, and this has resulted in the establishment of a number of common and widely-dispersed myths about getting divorced in California. The Myth: You Can File […]
The 4 Communication Styles In A Relationship Relationship Communication Style Quiz Communication is the base that every good relationship is built on. Poor communication is also a very common reason for why many relationships fall apart. A survey of mental health professionals conducted by YourTango found that communication problems were cited as the largest reason […]
In today’s world, social media accounts can play a central role in the divorce process. From deciding who gets to keep certain accounts to making use of the information your spouse posts online, there are various issues to consider with regard to social media and your divorce – as well as some critical mistakes to […]
As a high-net-worth individual, protecting your assets is likely to be a central focus of the divorce process. You’ve spent years, decades, or perhaps your entire life building your wealth, and you want to make sure that you are able to keep as much of it as possible. In California, unless you signed a prenuptial […]
For many parents, planning holidays and vacations is among the most challenging aspects of parenting after a divorce. In an ideal scenario, divorcing parents will create a comprehensive parenting plan during the divorce process, and this plan will provide clear guidance for how to handle trips during spring and summer breaks. However, it is not […]
While, for many people, getting divorced means going their separate ways, in recent years it has become increasingly common for ex-spouses to spend time together once their marriage is over. This is particularly true for parents with young children, many of whom choose to set aside their differences in order to co-parent during their children’s […]
Establishing a 529 savings account is a responsible choice for many parents. Having a 529 savings account not only provides tax benefits for any money put into the account, but for many parents it also provides a structured way to put away money for college on a monthly or yearly basis. But, many parents have […]
A college education is one of the most expensive purchases most people will make during their lifetime. According to U.S. News & World Report, for the 2018-2019 academic year, the average annual cost of tuition was $9,716 for in-state students at public colleges, $21,629 for out-of-state students at public colleges, and $35,676 for students at […]
While child custody orders are generally considered final in California, an exception exists when material changes in circumstances impact the best interests of the children involved. In fact, in severe cases, it is possible for parents to lose custody rights obtained through a separation or divorce. However, due to the California courts’ recognition that maintaining […]
As a divorced or separated parent, dealing with parental alienation can be extraordinarily difficult. While some cases of parental alienation will be obvious, in many cases it starts with an inkling, and gradually one parent will become more and more suspect of what the other parent must be saying to their children. If you are […]
As a business owner, juggling your professional and family obligations can be difficult, to say the least. You have two constituencies whose needs deserve priority for different reasons; and, in many cases, satisfying one constituency (i.e. your children) can mean sacrificing the needs of the other (i.e. your clients or customers). While balancing your work […]
If you own a business and you do not have a prenuptial agreement that shields it from the divorce process, when you get divorced, your business will be treated similarly to any other asset in your marital estate even if you owned the business before marriage. This means that at least a portion of your […]
When going through a divorce, it is easy to focus on the present. Your life is changing, the process is stressful, and you need to manage it all while going to work and staying positive for your children. However, going through a divorce is also about planning for the future. In this regard, one aspect […]
“Should I consider a prenup?” While this is a question that crosses many people’s minds, relatively few do anything to help themselves find the right answer. As a business owner, licensed professional, investor, military officer or veteran, or another individual with a lot to lose, it is worth your time to weigh the options. Ensuring […]
A divorce can impact your finances in a variety of different ways. While many of these impacts can be avoided (or at least mitigated) by careful planning and strategic execution during the divorce process, it is not uncommon for recently-divorced spouses to face greater financial strain than they originally anticipated. If you recently finalized your divorce, […]
If you are preparing to go through a subsequent or second divorce, it is important to use your experience to your advantage. It is equally important to understand how your divorce will be different this time around. Even setting aside the unique circumstances and complexities of the relationship you are bringing to an end, there […]
If you are considering a divorce during your senior years, you are not alone. According to recent reports from the National Center for Family and Marriage Research and the Pew Research Center, senior divorce rates have increased significantly in recent years. When getting divorced as a senior citizen, many aspects of the process are no […]
While tax considerations will rarely be the driving force behind divorce negotiations, the income tax implications of potential resolutions with regard to spousal support and property distribution can be significant for both spouses. A strategic approach that takes these implications into consideration cannot only mitigate the tax consequences of a divorce, but it can also […]
In California, if you owned a business before you got married, it is possible that your spouse will acquire a legal interest in your company by virtue of your marriage. This is true regardless of what your company’s organizational documents say about ownership and management rights, as California’s community property law can override written agreements regarding privately-held […]
When talking about the options for getting a divorce, the discussion often focuses on the distinction between going to court or reaching an amicable resolution through informal methods. However, there is not necessarily a clear line between the two; and, when it comes to pursuing an out-of-court settlement, there are a few different options available. One of […]
As a parent of minor children, dealing with child-related issues is likely to be among the most important aspects of your divorce. If you are thinking about getting divorced during the summer, it will be particularly important to consider the impacts that your divorce is likely to have on your children as they return to […]
In marriages with one primary breadwinner, the earning spouse’s income is used to meet both spouses’ needs. While this is generally acceptable when the marriage is happy and intact, once divorce proceedings begin, it can understandably become less desirable to provide financial support to a soon-to-be-former spouse. One area where this tends to be especially […]
Enacted on December 22, 2017, the federal Tax Cuts and Jobs Act made sweeping changes to the Internal Revenue Code. But, among the many changes, there is one in particular that is noteworthy for spouses who are currently contemplating a divorce: For the first time in over 75 years, the rules regarding tax treatment of […]
As a same-sex spouse in California, you are subject to the same divorce laws as opposite-sex spouses. This includes the laws governing division of assets and debts, and these laws treat business interests similarly to other tangible and intangible assets owned by one or both spouses. Unfortunately, as a business owner in California, or as […]
What Happens To the Family Business In A Divorce? An Interview with SuperLawyers.com A divorce is a stressful time for any couple or family, but in the event that both parties own a portion of the same business, many questions regarding what actually happens to the family business in a divorce will inevitably arise. These […]
California, like many states, has a waiting period for getting divorced. Under Section 2339(a) of the California Family Code, spouses cannot finalize their divorce until six months after, “the date of service of a copy of [the] summons and petition or the date of appearance of the respondent, whichever occurs first.” No Exceptions or Alternate Methods for […]
If you are preparing for a divorce and you expect to have to pay alimony and child support to your former spouse once the process is over, you will need to execute a strategy designed to ensure that your financial obligations are no greater than necessary. These resources provide an introduction to what you need […]
As Congress continues to grapple with the President’s mandate to find an alternative to the Affordable Care Act (also known as the ACA or Obamacare), the potential consequences of a repeal are weighing heavily in some spouses’ decisions regarding divorce. According to an article published on Time.com, some spouses are choosing to delay finalizing their divorces based, […]
Our firm recently hosted a ribbon cutting ceremony for the Encinitas Chamber of Commerce. We are proud of our affiliation with the Encinitas Chamber of Commerce, and we are excited to partner with the organization as well as other leaders in the local business community. About the Encinitas Chamber of Commerce The Encinitas Chamber of Commerce has […]
Although divorce rates in the United States have declined gradually since 2000, in recent years, the number of divorces in which social media and connected devices have played a factor has been on the rise. Studies show that constant connectivity affects parents’ relationships with their children as well, with nearly a third of children saying that they […]
Amidst the various other issues involved in getting a divorce, it can be easy to overlook the potential tax implications. However, when tax season rolls around, filing as a newly-divorced single filer can present some challenges, and proactively addressing the income tax aspects of your divorce can help save time, headache, and money down the […]
While it is common for couples to separate while their divorce is pending, this separation can raise a couple of unique issues with regard to distribution of the spouses’ property rights and financial responsibilities. For example, if the spouses are legally separated, any income earned during the separation period may qualify as “separate” (rather than […]
You have been working for decades, and you are ready to retire. You have earned enough to support yourself in retirement, but your investment income or pension payments will not cover your expenses and your former spouse’s. So, can you retire? Or, must you keep working just to meet your alimony obligations? Retirement and Spousal […]
Spouses often choose to live apart while their divorce is pending. While this can be in everyone’s best interests (though neither spouse should leave the marital residence without first consulting an attorney), it raises some important questions: What if one spouse cannot support himself or herself independently? If the couple has children, how will they […]
On this blog, we regularly discuss the steps involved in preparing for divorce. We talk about how getting divorced is a process, and how spouses who plan ahead and make smart decisions will often be able to positively impact the terms of their final divorce decrees. But, in many ways, preparing for life after divorce […]
Whether you are wealthy, your fiancé is in debt, or you simply see value in planning ahead, there are numerous reasons to consider entering into a prenuptial agreement in California. From addressing financial planning and tax considerations to the practicalities of married life, prenuptial agreements can serve a wide range of purposes, and soon-to-be spouses […]
In California divorces, child support calculations are based largely upon the parents’ respective incomes and custody rights. However, healthcare, education, and other costs can factor in as well, and calculating these costs – presently and in the future – often takes on heightened importance for parents of children with special needs. Key Considerations Regarding Child […]
For parents, one of the most emotionally-difficult aspects of contemplating a divorce is anticipating the effects that the divorce will have on their children. This is an issue that comes into particular focus during after the holidays die down, commonly known as the “February Blues” As with all aspects of getting divorced, when it comes […]
For business owners and professionals who spend the majority of their daylight hours at the office, securing a desirable custody arrangement is a critical aspect of the divorce process. Whether you want to have primary physical custody, spend time with your children on weekends, or retain your right to have input in your children’s important […]
As 2016 comes to a close, it is time to take a look back at some of the issues that came to the forefront during the year. Here is a list of our top 10 articles from 2016: 1. Getting Down the Terminology Navigating the divorce process is complicated, and it doesn’t help that you […]
For many people, the holiday season is a time to reflect on the previous year and the relationships cultivated with friends and family. But, it is a time to reflect on the future as well. What are your financial and professional goals? What do you want to add to your list of personal achievements? Is […]
More Americans are getting divorced in their senior years. While this trend has come as a surprise to some, if you are a senior citizen contemplating divorce, you understand that relationships can deteriorate gradually, and that changes in circumstances can warrant developing a new outlook on life. As individuals approach their later years in life, […]
While they are not often the storylines that bring movies into the spotlight, many well-known movies feature strong single parents as central characters. These characters are often depicted facing many of the real-life struggles single parents face on a daily basis, and ultimately overcoming them through perseverance and an unwavering commitment to doing what is […]
The holiday season is difficult for many people, but for those who are going through a divorce can find it excruciating. If you don’t have children you may be feeling a little lost. After all, holidays are for families to come together, not be apart. If you do have children you may be trying to […]
If you own a private practice or other privately-held business, understanding what can happen to your business will be a critical step toward preparing for your divorce. For purposes of this article, we are assuming that the business is properly characterized as community property and is not covered by a prenuptial agreement. If your business […]
In a divorce, it’s common for one or both spouses to have a particular interest in keeping certain assets once their marriage comes to an end. Whether the family home, a privately-held business, a highly-valued car or boat, or a beloved collection of art or jewelry, you are not alone if there are certain assets […]
In many cases, spouses’ pensions and other retirement accounts will be among the highest-value assets they want to protect during their divorce. While pensions and retirement accounts are in many ways treated similarly to other types of assets, they are subject to a number of unique considerations and requirements as well. As a result, if […]
For military officers and their spouses, military pensions are often one of the most significant financial issues involved in getting a divorce. Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), state courts have the authority to divide military pensions in a divorce; and, if you or your spouse earned all or a portion of […]
If you think filing for divorce online seems like an appealing option, you are not alone. More and more companies are offering “online divorce” services to meet this increased demand for couples seeking a cheap, impersonal alternative. But, is getting divorced online a good idea? More specifically, is it a good idea for you? When […]
Under California law, the obligation to pay child support ends at age 18 (or 19 if the child is still in high school). Except in cases of disability, California law does not contain provisions for adult child support. As a result, in the vast majority of cases, child support will not cover tuition, room and […]
In any divorce involving children or a high-net-worth couple, there are going to be issues that need to be resolved. Depending on the spouses’ willingness to work together and the overall complexity of the divorce, there are a variety of ways to resolve these issues, including: Negotiated settlement Collaborative divorce Mediation Litigation in court Understanding Your […]
If you are preparing for a divorce, you are preparing for a unique and complicated process that requires careful preparation and thoughtful decision-making. We have previously outlined 5 Steps to Prepare for Divorce and provided suggestions for Preparing for Your Divorce Consultation. In this article we take a step back and explain some of the […]
California law recognizes the validity of both prenuptial and postnuptial agreements; and, if you have one, it will most likely play a role in your divorce. However, there are several factors to consider, and there are issues that can render certain clauses – or potentially even the entire agreement – unenforceable. As a result, before […]
If your marriage has devolved to the point that you are considering a divorce or are concerned that your spouse may serve you with divorce papers, it is worth investing the time and effort to plan ahead. Going through a divorce is a process – not an event – and you will need to be […]
When parents get divorced, their child-related wishes usually fall within a handful of different scenarios. Most commonly, both parents want to remain involved in their children’s lives, and they each want (or at least are willing) their children to spend time with the other parent as well. In other situations, both parents want to remain […]
Whether as part of a negotiated settlement or as ordered by a judge, many California divorces involve payment of child support, spousal support, or both. In either case, child and spousal support will be formally established by court order, and the paying spouse (the “payor”) can face severe sanctions for failing to meet his or […]
At the Law Office of Renkin & Associates, we adhere to the highest of standards when it comes to representing our clients. Richard Renkin was recently awarded the AV Preeminent Judicial Award, which exemplifies this commitment to legal excellence. This distinction is bestowed upon only the very best lawyers as judged on both judiciary matters […]
California is among the limited number of states that offer “specialist” certifications for lawyers in specific areas of practice. One of these “specializations” is the Certified Family Law Specialist. Attorney Richard M. Renkin, founder of the Law Office of Renkin & Associates, is a Certified Family Law Specialist. He obtained his certification in 2005 – […]
For many people, going through a divorce is their first experience with hiring an attorney. As a divorce attorney, I can tell you from experience that many people are nervous about going to their initial consultation. I can also tell you that you have absolutely nothing to be nervous about. You are hiring an attorney to […]
In California, once you or your spouse has been served with divorce papers, what happens next depends on whether you will be going through a contested or uncontested divorce. In this article, we provide a brief overview of what you can expect during both types of divorces in San Diego County. Before we get there, […]
When you are going through a divorce in California, there are several important legal and practical considerations to keep in mind. In many ways, these legal and practical considerations overlap. For example, failure to understand your legal duties (yes, you have them) can lead to negative consequences in your divorce. One way that this immediately […]
Last year, we covered some of the celebrity divorce settlements that have made headlines in California in recent years – including some of the most expensive divorces in history. To kick off 2016, we are taking a look at some recent headlines involving celebrity paternity and child custody matters. Celebrity Paternity- The Rock Welcomes a […]
Divorce is tough. In fact, according to the American Institute of Stress, divorce is the number two most stressful situation in your life—after the death of a loved one. That is why it is so important to take care of yourself and your family on an emotional level during the divorce process. One of the […]
2015: Most Popular California Family Law Stories From U.S. Supreme Court decisions to practical tips for coping with divorce, we covered several different topics on our blog in 2015. Here are some of the highlights: 1. Major Developments in California Family Law We reported on two major legal developments affecting California residents in 2015. In […]
Year in Review: Top 4 Marriage and Divorce Trends in 2015 As 2015 draws to a close, we’re taking a moment to look back at Divorce trends in 2015! From a landmark U.S. Supreme Court decision to the emergence of a new, pro-divorce hashtag, 2015 had plenty to offer for those who have a professional […]
Q. How is My California Business Divided in Divorce A. How your business is divided during a divorce in California will depend on a number of factors. California is a community property state, so the value of the business will be determined and each partner in the marriage will be entitled to half of the […]
When you are trying to get a divorce, it’s hard without a divorce attorney on your side. When children are involved, or when alimony payments are an issue, a family law attorney will help you work out a custody arrangement, alimony and child support. It is possible to find a San Diego divorce lawyer that […]
With national domestic violence month coming to a close, it is important for victims and potential victims to recognize the signs of domestic abuse and to know how to get help. An experienced San Diego divorce lawyer can provide immediate assistance with securing a restraining order, beginning divorce proceedings and obtaining spousal support. What Is […]
When Should You Use Mediation for Your Divorce or Family Law Dispute? Under the right circumstances, mediation can be an efficient and cost-effective tool for resolving individual differences in connection with a divorce or other family law dispute. But, it is not always the best choice, and in some cases it can even be counterproductive. […]
Spousal support, sometimes called alimony, is periodic payments that one ex-spouse makes to another to assist with living expenses. Alimony came about during a time when women generally did not work and, in the event of divorce, would have no means of support other than government or charitable assistance. In recent years, with changes in […]
Getting married is a happy time for most people as the new couple looks forward to embarking on many adventures together. While working with a San Diego divorce lawyer is not anticipated, many might take a look at the divorce statistics and find that it is practical for them to enter into a prenuptial agreement […]
One thing that parents must plan for when developing a child custody arrangement is how they will share custody of the child during the summer months, when the child is not in school. A summer break child custody schedule is a child custody arrangement that is different from the normal custody arrangement that is used […]
Getting divorced can be a hectic experience: it’s often emotional, complicated, and lasts longer than most people would like. To add another layer of unpleasantness to your divorce, there are tax implications that need to be considered as you work through you separation. Splitting from your spouse, dividing up your assets and sharing custody of […]
On Friday, June 26, 2015, the U.S. Supreme Court issued its long-awaited decision in the case of Obergefell v. Hodges. In a 5-4 majority opinion, the Court ruled that the Fourteenth Amendment to the Constitution prohibits unequal treatment of same-sex and opposite-sex couples when it comes to marriage. As a result, gay and lesbian couples […]
Q. What Do I Need To Know About Business Ownership and Divorce Proceedings in California A. If you are preparing to file for a divorce, or a domestic partnership dissolution, it is important to consult with an experienced San Diego divorce lawyer before filing your paperwork. If you are a business owner and you are […]
For married couples, prenuptial agreements and postnuptial agreements provide means for taking certain decisions out of the hands of the judge in the event of a divorce. Negotiated settlements, collaborative law divorces, and mediation can all serve this function as well, but entering into an agreement prior to making the decision to separate can help […]
According to the American Small Business Administration, 90 percent of all businesses are family owned. While divorce rates are actually dwindling far below the mythical quoted number of 50 percent, many family businesses are placed in jeopardy every year as a consequence of divorce. In your attorney search, be clear that you are looking for […]
High profile divorces are no laughing matter, especially when there millions or even billions of dollars at stake. Even with prenuptial agreements in place, there are many complications that can arise in high-end California divorce courts. Celebrities stand to lose a large part of their net worth, which can turn an amicable situation into […]
When you are starting the process of divorce, there are many factors to consider, including whether you should separate first before officially filing for divorce. Even if you make the decision to separate first, you will have to decide whether to try a trial separation or obtain a legal separation. Before making this decision, it […]
Finances are not the only thing to consider when you are deciding between a trial separation, a legal separation and a full divorce. However, this difficult decision does have important financial repercussions that should be factored into your decision. The following information details the financial effects to keep in mind as you decide between […]
The short answer to this complicated question is: yes, you should avoid any unnecessary risks when you are getting a divorce. The following are steps that you can and should take both during and after divorce proceedings. Before Divorce You can start the process of changing your beneficiaries before your divorce is final on many […]
The answer to this question depends on many different factors, but there are very few situations where someone should even consider not revising his or her will after a divorce – or even earlier. Although most states assume that you do not want property going to your ex-spouse, it is always best to lay […]
Calculating Alimony in California If you earn less than your spouse and have fewer financial resources, you may be entitled to alimony following your divorce. But how much alimony are you entitled to receive? There are circumstances that the courts consider when determining the amount of alimony an individual is eligible to receive. Here are a […]
Are You Entitled to Alimony? During a divorce, there are four main ways to transfer assets in the event of a divorce: property settlement, retirement accounts, child support, and alimony. Although the first three can be difficult to determine, alimony is perhaps the most complicated. What is Alimony? Also known as spousal support, alimony is money […]
Even if you think you have a legal claim to an asset, there can be consequences for attempting to conceal assets from your spouse. Hiding assets during divorce proceedings occurs more than you might think even though it can result in stiff penalties for the spouse responsible. Here are some of the ways that your spouse might be […]
Splitting up assets and liabilities during a divorce can be extremely taxing, but it can be even more difficult to determine who gets custody of the children. Although you and your future ex-spouse may be able to come to an equitable agreement amongst yourselves for how to share time with your children, it is common […]
Although prenuptial agreements were once thought to encourage divorce by making it easier, courts are now looking on them more favorably, and they are becoming more and more normal. Even though courts are very familiar with them and they have become commonly accepted, there are still a few things that may render a prenuptial agreement […]
They say that you can contract into anything. With prenuptial agreements becoming so commonplace, this is seeming more and more true – but how much of your spouse’s behavior can you actually control via a contract? If your spouse does not hold up the other half of the bargain, are you entitled to more of […]
How Long Does it Take to get Divorced? Like the answer to any complicated legal issue, the answer to this question depends on the facts of each separate divorce. However, fortunately, there are fewer time restraints on getting a divorce in California than there are in many other states. Residency and Initial Filing First, in […]
According to the behavior of many couples considering divorce, January seems to be the most popular month to begin the process of starting the next phase in their lives. There is also a similar but slightly lower peak around September. In addition to considering the reasons behind these trends, there are many other factors […]
When you are getting a divorce, it is just as important to fight for your assets as it is to try to get rid of your debt. No matter how many assets you have or how high your net worth is, you still may have debt such as a low interest rate mortgage or student […]
Money is not the only factor that should be considered when getting a divorce, but it does not hurt to get divorced at the most financially-optimal time. In addition to tax considerations, there are many other financial benefits or pitfalls to review before finalizing a divorce. While many couples focus on dividing up assets, there […]
Divorce and Valentine’s Day: Avoiding the Commercial Hype Like many other holidays, Valentine’s Day is a commercialized holiday that, to some, symbolizes everything about love and partnership. However, for those who are divorced or are currently planning a divorce, dealing with the commercial hype can be both overwhelming and annoying. But there are ways to […]
Divorce Tax Strategies for Spousal Support Couples who are hashing out the final details in a divorce agreement are typically eager to get on to the next chapter of their lives; however, this does not mean that they should overlook some of the benefits or avoidable pitfalls in spousal support payments in the federal income […]
What Happens if You Have to Go to Trial? Even though few divorces are amicable, many divorces still settle without having to go to trial. However, depending on your case and the extent of your assets, it may be in your best interest to go to trial to fight for what you want and deserve […]
Is $1 Billion a Fair Divorce Settlement? The answer to that question appears to be the only thing that ex-couple Harold Hamm and Sue Ann Arnall can seem to agree on: no. Oil entrepreneur and multi-billionaire Harold Hamm, the CEO of Continental Resources, originally called the settlement “fair and equitable” but has since […]
Whether you live in a community or separate property state is important even if you and your spouse never get divorced, since a state’s property status also dictates how much property you and your spouse can leave in your will and to whom. In the case of a divorce or a death, property will be […]
In the past couple of decades, pets have taken on an increasingly more important role in our lives, and now many people consider their pets to be members of the family instead of just animals that they own. The United States legal system has begun to follow suit in rulings on divorce proceedings. Where pets […]
Top Divorce Trends in 2014 2014 showed us some pretty surprising trends in divorce that have begun to accompany California’s reported high (near 75%) divorce rate*. Of course, no one goes into marriage with plans to get a divorce, so besides being unfortunate, in many cases, it’s inevitable. So, what’s changing with the world of […]
There has not been an outright movement – perhaps because this issue is not as romantic as the case for same-sex marriage – but lately more and more couples have been struggling to get a same-sex divorce. Where is Same-Sex Divorce Legal? In states where same-sex marriage is legal, same-sex divorce is also an option. […]
One of the first things couples factor in when they are contemplating a divorce is how a marital change would affect their children, if they have any. Many couples even opt to stay married for the sake of their children. Parents may worry that all of the change and the constant shuffling of children between […]
Although divorce has only become more and more socially accepted each decade, divorce rates have begun to go down since their peak in the late 1970s and early 1980s. According to an article by The New York Times, “Those who married in the 2000s are so far divorcing at even lower rates. If current trends […]
In California, for unmarried couples and children born outside of marriage, paternity and. therefore, custody, visitation and support issues are not assumed by the law as they are for married couples. For married couples who divorce, paternity is assumed and custody of rights and support orders are determined as a category of the divorce proceedings. […]
In California, state law mandates that spousal support (commonly known as alimony) be determined by the court, dependent upon the court’s review of a variety of factors. These spousal support determination factors include, but are not limited to: the local area’s job market for the requesting spouse’s skills; assessment of viable employment skills of the […]
Nearly half the nation’s marriages are disrupted by separation or divorce prior to the 20th anniversary, and almost nine out of 10 separations become divorces within five years. These federal government figures are from the National Center for Health Statistics. There may be any number of reasons for the volume of unhappy endings. But there is […]
October is Domestic Violence Awareness Month Since 1987, October has been recognized as Domestic Violence Awareness Month. This month-long and national effort to raise awareness about domestic violence evolved from the Day of Unity, first observed in October of 1981 by the National Coalition Against Domestic Violence. Over the past 30 years, domestic violence in the U.S. […]
Predicting how the division of business assets in a divorce will play out is not a clear science. The judge typically has the power to make the final decision,so it is up to your lawyer to present a compelling, fact- based case as to why you should benefit by getting more from the business. If these facts are […]
As if a failed relationship is not hard enough on everyone involved, it is more common that you would think where one of those two people is harassing, threatening, or abusing the other. At the time of your separation or divorce, the only thing you probably want to focus on is “getting out” and moving […]
Living your life with someone else without ever getting married might seem like a sweet deal to most. From the sounds of it, you are getting all of the benefits of marriage without signing your life and half of your assets away. And, if something starts to get to you and the relationship just isn’t […]
Typical Move Away Issues During a Divorce When a couple is divorced in California, issues regarding children are commonplace. One of the most contentious involves custodial rights. If the parent with primary custody decides to move to another county, city,or state the court should get involved if the non-custodial parent rejects the move. Reasons Move […]
What Happens to the Business in a Divorce in San Diego Agreement on the characterization, value, and how property is to be divided can be extremely challenging and contentious. Business ownership by the community can contribute to the complexity of settling or litigating a divorce case in San Diego. During the divorce process in San […]
A Divorce Can Affect Stocks Because stocks are part of the assets or wealth in a marriage, they need to be divided between the two spouses. Transfer of stocks incident to divorce is a common occurrence at brokerage firms. People who are continuing to work and make contributions to their employee retirement plans in the […]
Civil Union Divorce Rights in San Diego In regards to Civil Union divorces in California, California passed Assembly Bill 205 in January 2005,which granted many rights and responsibilities of marriage to domestic partnerships. As a result of this bill, domestic partnership rights in California include being able to adopt and inherit, make medical decisionson the […]
Hiring a San Diego Family Lawyer In today’s unsettling economy, many Americans are resorting to any means possible to save their hard earned money. Unfortunately, in the legal arena, some people attempt to handle family law or divorce cases without the aid of an attorney. By doing so, they potentially make matters much worse and […]
Divorce in San Diego for Retirees Nowadays, many baby boomers are getting divorced. Statistically, one in four over the age of 50 is getting divorced. The challenges facing this age group are quite different than the younger generation. Some of these mitigating factors in this age group are retirement accounts, pension plans and Social Security […]
When San Diego couples find themselves broiled in a possible divorce situation, their future financial status seems daunting and frightening. In order to protect yourself if you are in this scenario, it is strongly advisable to protect any and all assets. San Diego Divorce Tips In order to do so, it is advisable to seek […]
After much thought and introspection, you have determined that it is time to file for a divorce. As a husband, wife, mother, or father, you have many concerns regarding your legal rights concerning alimony, child support and visitation as well as division of assets and debts. 1.)In the preliminary stages of a divorce process, the ultimate […]
Divorce for Military Parents When an individual in the military is deployed, oftentimes it becomes difficult to resolve legal issues especially in the case of divorces and custody issues. In regards to the military personnel, they are in the unfortunate position of possibly losing their rights. Many service members have faced scrutiny for leaving children […]
With the holiday upon us, oftentimes the children become unwanted victims during or following the divorce process. Renkin law suggests that parents should be completely focused on the children rather than bringing their negative attitudes with them. Even if the divorce was bitter, the children should not be embroiled in the after effects, and they […]
It was recently announced that Richard Renkin of Renkin & Associates was awarded the top attorney award for 2011. According to Richard, “This is truly an honor to be awarded by my peers in my chosen profession.” Richard has been handling Family Law cases for over 24 years includingfinancial issues, child custody, child support issues and […]
Renkin Law & Associates recommends that prior to a divorce case being filed and/orheard, all reconciliation and mediation avenues be addressed and exhausted before the petition is filed with the court. Lawyers at Renkin Law carefully scrutinize and assess all divorce petitions and bring to light all available options to their clients. Although some couples might initially […]
Renkin Law discusses the issue of grandparents and their visitation rights. Unfortunately, many are unaware that grandparents still have legal rights in regards to visitation with their grandchildren. If one peruses the internet, there are some valuable resources regarding this subject. Under California Family Code Section 3100 et seq,,the law supports what is considered “the […]
There is no shortage of facts, statistics, and studies related to divorce on the internet. If there’s even the slightest possibility a factor might affect divorce, chances are it’s been studied by researchers. With thousands of studies and over 195 million Google results on various divorce topics, it can be overwhelming and time consuming to […]
Checklist: Preparing to File for Divorce in California
/in Divorce /by Richard RenkinIf you have decided to file for divorce, preparing in advance will help the process go as smoothly as possible. While everyone’s circumstances are different, there are some general steps that most people can (and generally should) take to prepare. With the caveat that this is not legal advice and there is no substitute for […]
Does California Allow for Fault-Based Divorce?
/in Divorce /by Richard RenkinLike many other states, California only allows spouses to file for divorce on “no-fault” grounds. The traditional fault-based grounds for divorce (such as adultery, abandonment, and domestic abuse) are no longer available. As explained by the California Courts: “California is a ‘no fault’ divorce state, which means that the spouse or domestic partner that is […]
5 Mistakes to Avoid When Getting Divorced in California
/in Divorce /by Richard RenkinThe process of getting divorced involves many potential challenges. While some divorcing spouses are able to work together to reach an amicable solution relatively quickly, others can face challenging legal and financial issues, contentious disputes, and difficult questions that can impact the rest of their lives. Preparing yourself to avoid mistakes is a critical part […]
4 Myths about Getting Divorced in California
/in Divorce /by Richard RenkinWhen going through a divorce, it is important to have as much accurate information as possible. Unfortunately, over the years, flawed assumptions and faulty information have proliferated across the internet, and this has resulted in the establishment of a number of common and widely-dispersed myths about getting divorced in California. The Myth: You Can File […]
Is Your Communication Style Ruining Your Relationship?
/in Marriage /by Richard RenkinThe 4 Communication Styles In A Relationship Relationship Communication Style Quiz Communication is the base that every good relationship is built on. Poor communication is also a very common reason for why many relationships fall apart. A survey of mental health professionals conducted by YourTango found that communication problems were cited as the largest reason […]
Considering a Divorce? Here’s What You Need to Know about Your (and Your Spouse’s) Social Media Accounts
/in Divorce /by Richard RenkinIn today’s world, social media accounts can play a central role in the divorce process. From deciding who gets to keep certain accounts to making use of the information your spouse posts online, there are various issues to consider with regard to social media and your divorce – as well as some critical mistakes to […]
How Can High-Net-Worth Spouses Avoid Giving Up Too Much in Their Divorce?
/in High Asset Divorce /by Richard RenkinAs a high-net-worth individual, protecting your assets is likely to be a central focus of the divorce process. You’ve spent years, decades, or perhaps your entire life building your wealth, and you want to make sure that you are able to keep as much of it as possible. In California, unless you signed a prenuptial […]
Planning Spring Break for Your Child when Divorced
/in After a Divorce /by Richard RenkinFor many parents, planning holidays and vacations is among the most challenging aspects of parenting after a divorce. In an ideal scenario, divorcing parents will create a comprehensive parenting plan during the divorce process, and this plan will provide clear guidance for how to handle trips during spring and summer breaks. However, it is not […]
Should Divorced Parents Vacation Together?
/in After a Divorce /by Richard RenkinWhile, for many people, getting divorced means going their separate ways, in recent years it has become increasingly common for ex-spouses to spend time together once their marriage is over. This is particularly true for parents with young children, many of whom choose to set aside their differences in order to co-parent during their children’s […]
How is a 529 Savings Account Handled in a California Divorce?
/in Divorce /by Richard RenkinEstablishing a 529 savings account is a responsible choice for many parents. Having a 529 savings account not only provides tax benefits for any money put into the account, but for many parents it also provides a structured way to put away money for college on a monthly or yearly basis. But, many parents have […]
Paying Child Support While in College
/in Child Support, Divorce /by Richard RenkinA college education is one of the most expensive purchases most people will make during their lifetime. According to U.S. News & World Report, for the 2018-2019 academic year, the average annual cost of tuition was $9,716 for in-state students at public colleges, $21,629 for out-of-state students at public colleges, and $35,676 for students at […]
Common Reasons to Lose Custody in a California Child Custody Dispute
/in Child Custody /by Richard RenkinWhile child custody orders are generally considered final in California, an exception exists when material changes in circumstances impact the best interests of the children involved. In fact, in severe cases, it is possible for parents to lose custody rights obtained through a separation or divorce. However, due to the California courts’ recognition that maintaining […]
Can You Prove Parental Alienation in a California Family Law Case?
/in Uncategorized /by Richard RenkinAs a divorced or separated parent, dealing with parental alienation can be extraordinarily difficult. While some cases of parental alienation will be obvious, in many cases it starts with an inkling, and gradually one parent will become more and more suspect of what the other parent must be saying to their children. If you are […]
5 Child Custody Considerations for California Business Owners
/in Business in a Divorce /by Richard RenkinAs a business owner, juggling your professional and family obligations can be difficult, to say the least. You have two constituencies whose needs deserve priority for different reasons; and, in many cases, satisfying one constituency (i.e. your children) can mean sacrificing the needs of the other (i.e. your clients or customers). While balancing your work […]
Business Valuations and Divorce: 7 Factors that Determine the Value of Your Business
/in Business in a Divorce, Uncategorized /by Richard RenkinIf you own a business and you do not have a prenuptial agreement that shields it from the divorce process, when you get divorced, your business will be treated similarly to any other asset in your marital estate even if you owned the business before marriage. This means that at least a portion of your […]
Health Insurance & Other Considerations During a Divorce
/in Divorce /by Richard RenkinWhen going through a divorce, it is easy to focus on the present. Your life is changing, the process is stressful, and you need to manage it all while going to work and staying positive for your children. However, going through a divorce is also about planning for the future. In this regard, one aspect […]
7 Reasons Besides Protecting Your Assets to Get a Prenuptial Agreement
/in Divorce /by Richard Renkin“Should I consider a prenup?” While this is a question that crosses many people’s minds, relatively few do anything to help themselves find the right answer. As a business owner, licensed professional, investor, military officer or veteran, or another individual with a lot to lose, it is worth your time to weigh the options. Ensuring […]
9 Steps to Rebuild Your Finances After a Divorce
/in After a Divorce /by Richard RenkinA divorce can impact your finances in a variety of different ways. While many of these impacts can be avoided (or at least mitigated) by careful planning and strategic execution during the divorce process, it is not uncommon for recently-divorced spouses to face greater financial strain than they originally anticipated. If you recently finalized your divorce, […]
5 Special Considerations for a Second or Subsequent Divorce in California
/in Divorce /by Richard RenkinIf you are preparing to go through a subsequent or second divorce, it is important to use your experience to your advantage. It is equally important to understand how your divorce will be different this time around. Even setting aside the unique circumstances and complexities of the relationship you are bringing to an end, there […]
Considering Divorce in Your Senior Years? 9 Things You Need to Know
/in Divorce /by Richard RenkinIf you are considering a divorce during your senior years, you are not alone. According to recent reports from the National Center for Family and Marriage Research and the Pew Research Center, senior divorce rates have increased significantly in recent years. When getting divorced as a senior citizen, many aspects of the process are no […]
7 Tax Issues that Need to Be Discussed During a California Divorce
/in After a Divorce /by Richard RenkinWhile tax considerations will rarely be the driving force behind divorce negotiations, the income tax implications of potential resolutions with regard to spousal support and property distribution can be significant for both spouses. A strategic approach that takes these implications into consideration cannot only mitigate the tax consequences of a divorce, but it can also […]
How to Protect Yourself and Your Business in a California Prenuptial Agreement
/in Business in a Divorce /by Richard RenkinIn California, if you owned a business before you got married, it is possible that your spouse will acquire a legal interest in your company by virtue of your marriage. This is true regardless of what your company’s organizational documents say about ownership and management rights, as California’s community property law can override written agreements regarding privately-held […]
Can Mediation Save Your Divorce?
/in Divorce Mediation /by Richard RenkinWhen talking about the options for getting a divorce, the discussion often focuses on the distinction between going to court or reaching an amicable resolution through informal methods. However, there is not necessarily a clear line between the two; and, when it comes to pursuing an out-of-court settlement, there are a few different options available. One of […]
Considerations for Divorce Before School Starts
/in Divorce, Family law /by Richard RenkinAs a parent of minor children, dealing with child-related issues is likely to be among the most important aspects of your divorce. If you are thinking about getting divorced during the summer, it will be particularly important to consider the impacts that your divorce is likely to have on your children as they return to […]
Can I Be Forced to Pay My Spouse’s Divorce Attorney in California?
/in After a Divorce /by Richard RenkinIn marriages with one primary breadwinner, the earning spouse’s income is used to meet both spouses’ needs. While this is generally acceptable when the marriage is happy and intact, once divorce proceedings begin, it can understandably become less desirable to provide financial support to a soon-to-be-former spouse. One area where this tends to be especially […]
How Will Tax Reform Under the Tax Cuts and Jobs Act Affect Your Divorce?
/in After a Divorce, Spousal Support /by Richard RenkinEnacted on December 22, 2017, the federal Tax Cuts and Jobs Act made sweeping changes to the Internal Revenue Code. But, among the many changes, there is one in particular that is noteworthy for spouses who are currently contemplating a divorce: For the first time in over 75 years, the rules regarding tax treatment of […]
What You Need to Know about Same-Sex Divorce and Business Ownership
/in Business in a Divorce /by Richard RenkinAs a same-sex spouse in California, you are subject to the same divorce laws as opposite-sex spouses. This includes the laws governing division of assets and debts, and these laws treat business interests similarly to other tangible and intangible assets owned by one or both spouses. Unfortunately, as a business owner in California, or as […]
Our Founder, Richard M. Renkin, On Divorce and Business Ownership
/in Business in a Divorce /by Richard RenkinWhat Happens To the Family Business In A Divorce? An Interview with SuperLawyers.com A divorce is a stressful time for any couple or family, but in the event that both parties own a portion of the same business, many questions regarding what actually happens to the family business in a divorce will inevitably arise. These […]
California Has a 6-Month Waiting Period for Getting Divorced. So…What Now?
/in Divorce /by Richard RenkinCalifornia, like many states, has a waiting period for getting divorced. Under Section 2339(a) of the California Family Code, spouses cannot finalize their divorce until six months after, “the date of service of a copy of [the] summons and petition or the date of appearance of the respondent, whichever occurs first.” No Exceptions or Alternate Methods for […]
10 Resources for Spouses Expecting to Pay Financial Support After Getting Divorced
/in After a Divorce /by Richard RenkinIf you are preparing for a divorce and you expect to have to pay alimony and child support to your former spouse once the process is over, you will need to execute a strategy designed to ensure that your financial obligations are no greater than necessary. These resources provide an introduction to what you need […]
Could a Repeal of the Affordable Care Act Impact Your Divorce?
/in Divorce /by Richard RenkinAs Congress continues to grapple with the President’s mandate to find an alternative to the Affordable Care Act (also known as the ACA or Obamacare), the potential consequences of a repeal are weighing heavily in some spouses’ decisions regarding divorce. According to an article published on Time.com, some spouses are choosing to delay finalizing their divorces based, […]
Renkin & Associates Hosts Ribbon Cutting for Encinitas Chamber of Commerce
/in Family law /by Richard RenkinOur firm recently hosted a ribbon cutting ceremony for the Encinitas Chamber of Commerce. We are proud of our affiliation with the Encinitas Chamber of Commerce, and we are excited to partner with the organization as well as other leaders in the local business community. About the Encinitas Chamber of Commerce The Encinitas Chamber of Commerce has […]
Constant Connectivity as a Risk Factor for Divorce
/in Divorce /by Richard RenkinAlthough divorce rates in the United States have declined gradually since 2000, in recent years, the number of divorces in which social media and connected devices have played a factor has been on the rise. Studies show that constant connectivity affects parents’ relationships with their children as well, with nearly a third of children saying that they […]
Filing Income Taxes After a California Divorce: Answers to FAQs
/in After a Divorce /by Richard RenkinAmidst the various other issues involved in getting a divorce, it can be easy to overlook the potential tax implications. However, when tax season rolls around, filing as a newly-divorced single filer can present some challenges, and proactively addressing the income tax aspects of your divorce can help save time, headache, and money down the […]
Understanding Spouses’ Liability for Shared Expenses and Use of Community Assets Following Separation
/in Divorce /by Richard RenkinWhile it is common for couples to separate while their divorce is pending, this separation can raise a couple of unique issues with regard to distribution of the spouses’ property rights and financial responsibilities. For example, if the spouses are legally separated, any income earned during the separation period may qualify as “separate” (rather than […]
If I Retire, Can I Terminate Spousal Support in California?
/in Spousal Support /by Richard RenkinYou have been working for decades, and you are ready to retire. You have earned enough to support yourself in retirement, but your investment income or pension payments will not cover your expenses and your former spouse’s. So, can you retire? Or, must you keep working just to meet your alimony obligations? Retirement and Spousal […]
Can You (or Your Spouse) Seek Custody and Support While Your Divorce is Pending?
/in Divorce /by Richard RenkinSpouses often choose to live apart while their divorce is pending. While this can be in everyone’s best interests (though neither spouse should leave the marital residence without first consulting an attorney), it raises some important questions: What if one spouse cannot support himself or herself independently? If the couple has children, how will they […]
Preparing for Life After Divorce: Five Considerations
/in After a Divorce /by Richard RenkinOn this blog, we regularly discuss the steps involved in preparing for divorce. We talk about how getting divorced is a process, and how spouses who plan ahead and make smart decisions will often be able to positively impact the terms of their final divorce decrees. But, in many ways, preparing for life after divorce […]
What are Some of the Most Common Provisions in California Prenuptial Agreements?
/in Divorce /by Richard RenkinWhether you are wealthy, your fiancé is in debt, or you simply see value in planning ahead, there are numerous reasons to consider entering into a prenuptial agreement in California. From addressing financial planning and tax considerations to the practicalities of married life, prenuptial agreements can serve a wide range of purposes, and soon-to-be spouses […]
What is Different When Establishing Child Support for a Child with Special Needs?
/in Child Support /by Richard RenkinIn California divorces, child support calculations are based largely upon the parents’ respective incomes and custody rights. However, healthcare, education, and other costs can factor in as well, and calculating these costs – presently and in the future – often takes on heightened importance for parents of children with special needs. Key Considerations Regarding Child […]
How Should Parents Handle the February Blues?
/in After a Divorce /by Richard RenkinFor parents, one of the most emotionally-difficult aspects of contemplating a divorce is anticipating the effects that the divorce will have on their children. This is an issue that comes into particular focus during after the holidays die down, commonly known as the “February Blues” As with all aspects of getting divorced, when it comes […]
7 Tips for Business Owners and Professionals Seeking Child Custody in California
/in Child Custody /by Richard RenkinFor business owners and professionals who spend the majority of their daylight hours at the office, securing a desirable custody arrangement is a critical aspect of the divorce process. Whether you want to have primary physical custody, spend time with your children on weekends, or retain your right to have input in your children’s important […]
2016 Year in Review: Understanding Your California Divorce
/in Family law /by Richard RenkinAs 2016 comes to a close, it is time to take a look back at some of the issues that came to the forefront during the year. Here is a list of our top 10 articles from 2016: 1. Getting Down the Terminology Navigating the divorce process is complicated, and it doesn’t help that you […]
How Does the Holiday Season Affect Divorce Rates in California?
/in Divorce /by Richard RenkinFor many people, the holiday season is a time to reflect on the previous year and the relationships cultivated with friends and family. But, it is a time to reflect on the future as well. What are your financial and professional goals? What do you want to add to your list of personal achievements? Is […]
Are You Considering a “Silver” Divorce in California?
/in Divorce /by Richard RenkinMore Americans are getting divorced in their senior years. While this trend has come as a surprise to some, if you are a senior citizen contemplating divorce, you understand that relationships can deteriorate gradually, and that changes in circumstances can warrant developing a new outlook on life. As individuals approach their later years in life, […]
Top Single Parents in Movies
/in Divorce /by Richard RenkinWhile they are not often the storylines that bring movies into the spotlight, many well-known movies feature strong single parents as central characters. These characters are often depicted facing many of the real-life struggles single parents face on a daily basis, and ultimately overcoming them through perseverance and an unwavering commitment to doing what is […]
Proactive ways to handle the holidays during a divorce
/in After a Divorce /by Richard RenkinThe holiday season is difficult for many people, but for those who are going through a divorce can find it excruciating. If you don’t have children you may be feeling a little lost. After all, holidays are for families to come together, not be apart. If you do have children you may be trying to […]
How is a Privately-Held Business Valued in a California Divorce?
/in Business in a Divorce /by Richard RenkinIf you own a private practice or other privately-held business, understanding what can happen to your business will be a critical step toward preparing for your divorce. For purposes of this article, we are assuming that the business is properly characterized as community property and is not covered by a prenuptial agreement. If your business […]
How Can I Protect Specific Assets in a California Divorce?
/in Divorce Attorney /by Richard RenkinIn a divorce, it’s common for one or both spouses to have a particular interest in keeping certain assets once their marriage comes to an end. Whether the family home, a privately-held business, a highly-valued car or boat, or a beloved collection of art or jewelry, you are not alone if there are certain assets […]
What Happens to Retirement Accounts in a California Divorce?
/in Divorce, Retirement Accounts /by Richard RenkinIn many cases, spouses’ pensions and other retirement accounts will be among the highest-value assets they want to protect during their divorce. While pensions and retirement accounts are in many ways treated similarly to other types of assets, they are subject to a number of unique considerations and requirements as well. As a result, if […]
Will Federal Law Changes Impact How Military Pensions Get Divided in a Divorce?
/in High Asset Divorce /by Richard RenkinFor military officers and their spouses, military pensions are often one of the most significant financial issues involved in getting a divorce. Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), state courts have the authority to divide military pensions in a divorce; and, if you or your spouse earned all or a portion of […]
Is it Ever Okay to Get an Online Divorce?
/in Divorce Attorney /by Richard RenkinIf you think filing for divorce online seems like an appealing option, you are not alone. More and more companies are offering “online divorce” services to meet this increased demand for couples seeking a cheap, impersonal alternative. But, is getting divorced online a good idea? More specifically, is it a good idea for you? When […]
How Are College Expenses Handled in a California Divorce?
/in Divorce /by Richard RenkinUnder California law, the obligation to pay child support ends at age 18 (or 19 if the child is still in high school). Except in cases of disability, California law does not contain provisions for adult child support. As a result, in the vast majority of cases, child support will not cover tuition, room and […]
Divorce Options in North County, CA
/in Divorce /by Richard RenkinIn any divorce involving children or a high-net-worth couple, there are going to be issues that need to be resolved. Depending on the spouses’ willingness to work together and the overall complexity of the divorce, there are a variety of ways to resolve these issues, including: Negotiated settlement Collaborative divorce Mediation Litigation in court Understanding Your […]
Glossary: Understanding the Terminology in Your California Divorce
/in Divorce /by Richard RenkinIf you are preparing for a divorce, you are preparing for a unique and complicated process that requires careful preparation and thoughtful decision-making. We have previously outlined 5 Steps to Prepare for Divorce and provided suggestions for Preparing for Your Divorce Consultation. In this article we take a step back and explain some of the […]
What Your Prenup or Postnup Means for Your Divorce
/in Divorce /by Richard RenkinCalifornia law recognizes the validity of both prenuptial and postnuptial agreements; and, if you have one, it will most likely play a role in your divorce. However, there are several factors to consider, and there are issues that can render certain clauses – or potentially even the entire agreement – unenforceable. As a result, before […]
5 Steps To Prepare for a Divorce
/in Divorce /by Richard RenkinIf your marriage has devolved to the point that you are considering a divorce or are concerned that your spouse may serve you with divorce papers, it is worth investing the time and effort to plan ahead. Going through a divorce is a process – not an event – and you will need to be […]
How Much Control Do Parents Have in a Divorce?
/in Divorce /by Richard RenkinWhen parents get divorced, their child-related wishes usually fall within a handful of different scenarios. Most commonly, both parents want to remain involved in their children’s lives, and they each want (or at least are willing) their children to spend time with the other parent as well. In other situations, both parents want to remain […]
How Can I Modify Child or Spousal Support After a Divorce in California?
/in Divorce, Spousal Support /by Richard RenkinWhether as part of a negotiated settlement or as ordered by a judge, many California divorces involve payment of child support, spousal support, or both. In either case, child and spousal support will be formally established by court order, and the paying spouse (the “payor”) can face severe sanctions for failing to meet his or […]
Richard Renkin awarded AV Preeminent Judicial Award
/in Family law /by Richard RenkinAt the Law Office of Renkin & Associates, we adhere to the highest of standards when it comes to representing our clients. Richard Renkin was recently awarded the AV Preeminent Judicial Award, which exemplifies this commitment to legal excellence. This distinction is bestowed upon only the very best lawyers as judged on both judiciary matters […]
What Does it Take to Become a Certified Family Law Specialist?
/in Family law /by Richard RenkinCalifornia is among the limited number of states that offer “specialist” certifications for lawyers in specific areas of practice. One of these “specializations” is the Certified Family Law Specialist. Attorney Richard M. Renkin, founder of the Law Office of Renkin & Associates, is a Certified Family Law Specialist. He obtained his certification in 2005 – […]
Preparing for Your Divorce Consultation
/in Divorce, Divorce Attorney /by Richard RenkinFor many people, going through a divorce is their first experience with hiring an attorney. As a divorce attorney, I can tell you from experience that many people are nervous about going to their initial consultation. I can also tell you that you have absolutely nothing to be nervous about. You are hiring an attorney to […]
What Happens After Divorce Papers Are Served?
/in Divorce /by Richard RenkinIn California, once you or your spouse has been served with divorce papers, what happens next depends on whether you will be going through a contested or uncontested divorce. In this article, we provide a brief overview of what you can expect during both types of divorces in San Diego County. Before we get there, […]
Automatic Restraining Orders in California Divorces
/in Divorce Attorney, Domestic Violence /by Richard RenkinWhen you are going through a divorce in California, there are several important legal and practical considerations to keep in mind. In many ways, these legal and practical considerations overlap. For example, failure to understand your legal duties (yes, you have them) can lead to negative consequences in your divorce. One way that this immediately […]
Celebrity Paternity and Custody Matters
/in Family law /by Richard RenkinLast year, we covered some of the celebrity divorce settlements that have made headlines in California in recent years – including some of the most expensive divorces in history. To kick off 2016, we are taking a look at some recent headlines involving celebrity paternity and child custody matters. Celebrity Paternity- The Rock Welcomes a […]
The 5 Stages of Grief in a Divorce
/in Divorce /by Richard RenkinDivorce is tough. In fact, according to the American Institute of Stress, divorce is the number two most stressful situation in your life—after the death of a loved one. That is why it is so important to take care of yourself and your family on an emotional level during the divorce process. One of the […]
Family Law in California: 2015 Year in Review
/in Family law /by Richard Renkin2015: Most Popular California Family Law Stories From U.S. Supreme Court decisions to practical tips for coping with divorce, we covered several different topics on our blog in 2015. Here are some of the highlights: 1. Major Developments in California Family Law We reported on two major legal developments affecting California residents in 2015. In […]
Top Marriage and Divorce Trends in 2015
/in Divorce /by Richard RenkinYear in Review: Top 4 Marriage and Divorce Trends in 2015 As 2015 draws to a close, we’re taking a moment to look back at Divorce trends in 2015! From a landmark U.S. Supreme Court decision to the emergence of a new, pro-divorce hashtag, 2015 had plenty to offer for those who have a professional […]
How is My California Business Divided in a Divorce?
/in Divorce, Family law /by Richard RenkinQ. How is My California Business Divided in Divorce A. How your business is divided during a divorce in California will depend on a number of factors. California is a community property state, so the value of the business will be determined and each partner in the marriage will be entitled to half of the […]
2015 Change in California Divorce Law
/in Divorce, Family law /by Richard RenkinWhen you are trying to get a divorce, it’s hard without a divorce attorney on your side. When children are involved, or when alimony payments are an issue, a family law attorney will help you work out a custody arrangement, alimony and child support. It is possible to find a San Diego divorce lawyer that […]
Domestic Violence Month
/in Domestic Violence /by Richard RenkinWith national domestic violence month coming to a close, it is important for victims and potential victims to recognize the signs of domestic abuse and to know how to get help. An experienced San Diego divorce lawyer can provide immediate assistance with securing a restraining order, beginning divorce proceedings and obtaining spousal support. What Is […]
When Should I Use Mediation in Divorce?
/in Divorce /by Richard RenkinWhen Should You Use Mediation for Your Divorce or Family Law Dispute? Under the right circumstances, mediation can be an efficient and cost-effective tool for resolving individual differences in connection with a divorce or other family law dispute. But, it is not always the best choice, and in some cases it can even be counterproductive. […]
Understanding California Spousal Support
/in Divorce, Spousal Support /by Richard RenkinSpousal support, sometimes called alimony, is periodic payments that one ex-spouse makes to another to assist with living expenses. Alimony came about during a time when women generally did not work and, in the event of divorce, would have no means of support other than government or charitable assistance. In recent years, with changes in […]
What is the Difference Between Pre-nup and Post-nup?
/in Family law /by Richard RenkinGetting married is a happy time for most people as the new couple looks forward to embarking on many adventures together. While working with a San Diego divorce lawyer is not anticipated, many might take a look at the divorce statistics and find that it is practical for them to enter into a prenuptial agreement […]
Child Custody Summer Arrangements
/in Child Custody /by Richard RenkinOne thing that parents must plan for when developing a child custody arrangement is how they will share custody of the child during the summer months, when the child is not in school. A summer break child custody schedule is a child custody arrangement that is different from the normal custody arrangement that is used […]
Divorce Tax Strategies
/in Divorce /by Richard RenkinGetting divorced can be a hectic experience: it’s often emotional, complicated, and lasts longer than most people would like. To add another layer of unpleasantness to your divorce, there are tax implications that need to be considered as you work through you separation. Splitting from your spouse, dividing up your assets and sharing custody of […]
Supreme Court Rules All 50 States Must Allow Same-Sex Marriage
/in Family law, Marriage /by Richard RenkinOn Friday, June 26, 2015, the U.S. Supreme Court issued its long-awaited decision in the case of Obergefell v. Hodges. In a 5-4 majority opinion, the Court ruled that the Fourteenth Amendment to the Constitution prohibits unequal treatment of same-sex and opposite-sex couples when it comes to marriage. As a result, gay and lesbian couples […]
Need To Know – Business Ownership and Divorce
/in Divorce, High Asset Divorce /by Richard RenkinQ. What Do I Need To Know About Business Ownership and Divorce Proceedings in California A. If you are preparing to file for a divorce, or a domestic partnership dissolution, it is important to consult with an experienced San Diego divorce lawyer before filing your paperwork. If you are a business owner and you are […]
How Do Unmarried Couples Divide Property in Separation?
/in Divorce, High Asset Divorce, Spousal Support /by Richard RenkinFor married couples, prenuptial agreements and postnuptial agreements provide means for taking certain decisions out of the hands of the judge in the event of a divorce. Negotiated settlements, collaborative law divorces, and mediation can all serve this function as well, but entering into an agreement prior to making the decision to separate can help […]
How to Protect Your California Business With a Premarital Agreement
/in Divorce, Family law, High Asset Divorce /by Richard RenkinAccording to the American Small Business Administration, 90 percent of all businesses are family owned. While divorce rates are actually dwindling far below the mythical quoted number of 50 percent, many family businesses are placed in jeopardy every year as a consequence of divorce. In your attorney search, be clear that you are looking for […]
Celebrity Divorce Settlements
/in Divorce, High Asset Divorce /by Richard RenkinHigh profile divorces are no laughing matter, especially when there millions or even billions of dollars at stake. Even with prenuptial agreements in place, there are many complications that can arise in high-end California divorce courts. Celebrities stand to lose a large part of their net worth, which can turn an amicable situation into […]
What is The Difference Between Legal Separation and Divorce?
/in Divorce, Family law /by Richard RenkinWhen you are starting the process of divorce, there are many factors to consider, including whether you should separate first before officially filing for divorce. Even if you make the decision to separate first, you will have to decide whether to try a trial separation or obtain a legal separation. Before making this decision, it […]
The Financial Benefits to a Trial Separation versus a Legal Separation
/in Divorce, Family law /by Richard RenkinFinances are not the only thing to consider when you are deciding between a trial separation, a legal separation and a full divorce. However, this difficult decision does have important financial repercussions that should be factored into your decision. The following information details the financial effects to keep in mind as you decide between […]
Should I Change my Beneficiary Since I am Getting a Divorce
/in Divorce /by Richard RenkinThe short answer to this complicated question is: yes, you should avoid any unnecessary risks when you are getting a divorce. The following are steps that you can and should take both during and after divorce proceedings. Before Divorce You can start the process of changing your beneficiaries before your divorce is final on many […]
Should I Revise My Will After My Divorce
/in Divorce /by Richard RenkinThe answer to this question depends on many different factors, but there are very few situations where someone should even consider not revising his or her will after a divorce – or even earlier. Although most states assume that you do not want property going to your ex-spouse, it is always best to lay […]
How is Alimony Calculated
/in Divorce, Spousal Support /by Richard RenkinCalculating Alimony in California If you earn less than your spouse and have fewer financial resources, you may be entitled to alimony following your divorce. But how much alimony are you entitled to receive? There are circumstances that the courts consider when determining the amount of alimony an individual is eligible to receive. Here are a […]
Are You Entitled to Alimony?
/in Divorce, Spousal Support /by Richard RenkinAre You Entitled to Alimony? During a divorce, there are four main ways to transfer assets in the event of a divorce: property settlement, retirement accounts, child support, and alimony. Although the first three can be difficult to determine, alimony is perhaps the most complicated. What is Alimony? Also known as spousal support, alimony is money […]
Is Your Spouse Hiding Assets From You
/in Divorce, High Asset Divorce /by Richard RenkinEven if you think you have a legal claim to an asset, there can be consequences for attempting to conceal assets from your spouse. Hiding assets during divorce proceedings occurs more than you might think even though it can result in stiff penalties for the spouse responsible. Here are some of the ways that your spouse might be […]
Who Gets Custody of the Kids
/in Child Custody, Divorce, Family law /by Richard RenkinSplitting up assets and liabilities during a divorce can be extremely taxing, but it can be even more difficult to determine who gets custody of the children. Although you and your future ex-spouse may be able to come to an equitable agreement amongst yourselves for how to share time with your children, it is common […]
Is Your Prenuptial Agreement Valid
/in Divorce, High Asset Divorce /by Richard RenkinAlthough prenuptial agreements were once thought to encourage divorce by making it easier, courts are now looking on them more favorably, and they are becoming more and more normal. Even though courts are very familiar with them and they have become commonly accepted, there are still a few things that may render a prenuptial agreement […]
Can You Get a Divorce for Cheating or Gaining Weight
/in Divorce /by Richard RenkinThey say that you can contract into anything. With prenuptial agreements becoming so commonplace, this is seeming more and more true – but how much of your spouse’s behavior can you actually control via a contract? If your spouse does not hold up the other half of the bargain, are you entitled to more of […]
How Fast Can You Get a Divorce
/in Divorce, Family law /by Richard RenkinHow Long Does it Take to get Divorced? Like the answer to any complicated legal issue, the answer to this question depends on the facts of each separate divorce. However, fortunately, there are fewer time restraints on getting a divorce in California than there are in many other states. Residency and Initial Filing First, in […]
When is the Best Time to File for Divorce?
/in Divorce /by Richard RenkinAccording to the behavior of many couples considering divorce, January seems to be the most popular month to begin the process of starting the next phase in their lives. There is also a similar but slightly lower peak around September. In addition to considering the reasons behind these trends, there are many other factors […]
Who Gets the Debt in the Divorce?
/in Divorce /by Richard RenkinWhen you are getting a divorce, it is just as important to fight for your assets as it is to try to get rid of your debt. No matter how many assets you have or how high your net worth is, you still may have debt such as a low interest rate mortgage or student […]
Social Security Tips for Couples Considering Divorce
/in Divorce /by Richard RenkinMoney is not the only factor that should be considered when getting a divorce, but it does not hurt to get divorced at the most financially-optimal time. In addition to tax considerations, there are many other financial benefits or pitfalls to review before finalizing a divorce. While many couples focus on dividing up assets, there […]
Divorce and Valentines Day
/in Divorce, Family law /by Richard RenkinDivorce and Valentine’s Day: Avoiding the Commercial Hype Like many other holidays, Valentine’s Day is a commercialized holiday that, to some, symbolizes everything about love and partnership. However, for those who are divorced or are currently planning a divorce, dealing with the commercial hype can be both overwhelming and annoying. But there are ways to […]
Divorce Tax Strategies for Spousal Support
/in Divorce, Family law, High Asset Divorce, Spousal Support /by Richard RenkinDivorce Tax Strategies for Spousal Support Couples who are hashing out the final details in a divorce agreement are typically eager to get on to the next chapter of their lives; however, this does not mean that they should overlook some of the benefits or avoidable pitfalls in spousal support payments in the federal income […]
What Happens if You Have to Go to Trial?
/in Divorce, Family law /by Richard RenkinWhat Happens if You Have to Go to Trial? Even though few divorces are amicable, many divorces still settle without having to go to trial. However, depending on your case and the extent of your assets, it may be in your best interest to go to trial to fight for what you want and deserve […]
Is One Billion a Fair Divorce Settlement
/in Divorce, High Asset Divorce /by Richard RenkinIs $1 Billion a Fair Divorce Settlement? The answer to that question appears to be the only thing that ex-couple Harold Hamm and Sue Ann Arnall can seem to agree on: no. Oil entrepreneur and multi-billionaire Harold Hamm, the CEO of Continental Resources, originally called the settlement “fair and equitable” but has since […]
The Difference Between Community and Separate Property States and Why It Affects You
/in Family law /by Richard RenkinWhether you live in a community or separate property state is important even if you and your spouse never get divorced, since a state’s property status also dictates how much property you and your spouse can leave in your will and to whom. In the case of a divorce or a death, property will be […]
Who Gets the Dog in the Divorce?
/in Divorce /by Richard RenkinIn the past couple of decades, pets have taken on an increasingly more important role in our lives, and now many people consider their pets to be members of the family instead of just animals that they own. The United States legal system has begun to follow suit in rulings on divorce proceedings. Where pets […]
Top Divorce Trends in 2014
/in Divorce /by Richard RenkinTop Divorce Trends in 2014 2014 showed us some pretty surprising trends in divorce that have begun to accompany California’s reported high (near 75%) divorce rate*. Of course, no one goes into marriage with plans to get a divorce, so besides being unfortunate, in many cases, it’s inevitable. So, what’s changing with the world of […]
The Pitfalls of Filing for Same-Sex Divorce
/in Divorce /by Richard RenkinThere has not been an outright movement – perhaps because this issue is not as romantic as the case for same-sex marriage – but lately more and more couples have been struggling to get a same-sex divorce. Where is Same-Sex Divorce Legal? In states where same-sex marriage is legal, same-sex divorce is also an option. […]
Who Should Get the House in a Divorce? Why Not the Kids?
/in Divorce, High Asset Divorce /by Richard RenkinOne of the first things couples factor in when they are contemplating a divorce is how a marital change would affect their children, if they have any. Many couples even opt to stay married for the sake of their children. Parents may worry that all of the change and the constant shuffling of children between […]
New Divorce Statistics Released – Divorce Rates Lower Than Previously Believed
/in Divorce /by Richard RenkinAlthough divorce has only become more and more socially accepted each decade, divorce rates have begun to go down since their peak in the late 1970s and early 1980s. According to an article by The New York Times, “Those who married in the 2000s are so far divorcing at even lower rates. If current trends […]
Establishing Child Custody When Unmarried in California
/in Child Custody /by Richard RenkinIn California, for unmarried couples and children born outside of marriage, paternity and. therefore, custody, visitation and support issues are not assumed by the law as they are for married couples. For married couples who divorce, paternity is assumed and custody of rights and support orders are determined as a category of the divorce proceedings. […]
Remarriage vs. Commitment Ceremonies: How Spousal Support Can Be Impacted in California
/in Spousal Support /by Richard RenkinIn California, state law mandates that spousal support (commonly known as alimony) be determined by the court, dependent upon the court’s review of a variety of factors. These spousal support determination factors include, but are not limited to: the local area’s job market for the requesting spouse’s skills; assessment of viable employment skills of the […]
Richard M. Renkin posts San Diego Family Resource Guide
/in Family law /by Richard RenkinNearly half the nation’s marriages are disrupted by separation or divorce prior to the 20th anniversary, and almost nine out of 10 separations become divorces within five years. These federal government figures are from the National Center for Health Statistics. There may be any number of reasons for the volume of unhappy endings. But there is […]
Domestic Violence Awareness Month
/in Domestic Violence /by Richard RenkinOctober is Domestic Violence Awareness Month Since 1987, October has been recognized as Domestic Violence Awareness Month. This month-long and national effort to raise awareness about domestic violence evolved from the Day of Unity, first observed in October of 1981 by the National Coalition Against Domestic Violence. Over the past 30 years, domestic violence in the U.S. […]
Determining the Division of Business Assets in a Divorce
/in Divorce /by Richard RenkinPredicting how the division of business assets in a divorce will play out is not a clear science. The judge typically has the power to make the final decision,so it is up to your lawyer to present a compelling, fact- based case as to why you should benefit by getting more from the business. If these facts are […]
When a Restraining Order is In Order
/in Divorce, Domestic Violence /by Richard RenkinAs if a failed relationship is not hard enough on everyone involved, it is more common that you would think where one of those two people is harassing, threatening, or abusing the other. At the time of your separation or divorce, the only thing you probably want to focus on is “getting out” and moving […]
Leaving an Unmarried Relationship Is Not as Easy as It Sounds
/in Divorce, Spousal Support /by Richard RenkinLiving your life with someone else without ever getting married might seem like a sweet deal to most. From the sounds of it, you are getting all of the benefits of marriage without signing your life and half of your assets away. And, if something starts to get to you and the relationship just isn’t […]
Move Away Issues During And After A Divorce
/in After a Divorce /by Richard RenkinTypical Move Away Issues During a Divorce When a couple is divorced in California, issues regarding children are commonplace. One of the most contentious involves custodial rights. If the parent with primary custody decides to move to another county, city,or state the court should get involved if the non-custodial parent rejects the move. Reasons Move […]
Can My Ex Take Ownership of My Business During a Divorce
/in Business in a Divorce, High Asset Divorce /by Richard RenkinWhat Happens to the Business in a Divorce in San Diego Agreement on the characterization, value, and how property is to be divided can be extremely challenging and contentious. Business ownership by the community can contribute to the complexity of settling or litigating a divorce case in San Diego. During the divorce process in San […]
How Does a Divorce Affect Stock Ownership
/in High Asset Divorce /by Richard RenkinA Divorce Can Affect Stocks Because stocks are part of the assets or wealth in a marriage, they need to be divided between the two spouses. Transfer of stocks incident to divorce is a common occurrence at brokerage firms. People who are continuing to work and make contributions to their employee retirement plans in the […]
Civil Union Divorces in San Diego
/in Family law, Marriage /by Richard RenkinCivil Union Divorce Rights in San Diego In regards to Civil Union divorces in California, California passed Assembly Bill 205 in January 2005,which granted many rights and responsibilities of marriage to domestic partnerships. As a result of this bill, domestic partnership rights in California include being able to adopt and inherit, make medical decisionson the […]
Why Hire a San Diego Family Lawyer
/in Divorce /by Richard RenkinHiring a San Diego Family Lawyer In today’s unsettling economy, many Americans are resorting to any means possible to save their hard earned money. Unfortunately, in the legal arena, some people attempt to handle family law or divorce cases without the aid of an attorney. By doing so, they potentially make matters much worse and […]
Divorce in San Diego and the Impact on Retirement Accounts
/in Divorce, High Asset Divorce /by Richard RenkinDivorce in San Diego for Retirees Nowadays, many baby boomers are getting divorced. Statistically, one in four over the age of 50 is getting divorced. The challenges facing this age group are quite different than the younger generation. Some of these mitigating factors in this age group are retirement accounts, pension plans and Social Security […]
San Diego Divorce Tips – Protecting Your Finances
/in Divorce /by Richard RenkinWhen San Diego couples find themselves broiled in a possible divorce situation, their future financial status seems daunting and frightening. In order to protect yourself if you are in this scenario, it is strongly advisable to protect any and all assets. San Diego Divorce Tips In order to do so, it is advisable to seek […]
Five Things to Prepare for When Meeting with your Divorce Lawyer
/in Divorce Attorney /by Richard RenkinAfter much thought and introspection, you have determined that it is time to file for a divorce. As a husband, wife, mother, or father, you have many concerns regarding your legal rights concerning alimony, child support and visitation as well as division of assets and debts. 1.)In the preliminary stages of a divorce process, the ultimate […]
Protection for Military Parents Explained by a San Diego Divorce Firm
/in Family law /by Richard RenkinDivorce for Military Parents When an individual in the military is deployed, oftentimes it becomes difficult to resolve legal issues especially in the case of divorces and custody issues. In regards to the military personnel, they are in the unfortunate position of possibly losing their rights. Many service members have faced scrutiny for leaving children […]
Difference Between a Prenup and Postnup
/in High Asset Divorce /by Richard RenkinDifference Between a Prenup and Postnup Find more information about the difference between a prenup and postnup here.
Tips to help with Divorce this Holiday Season
/in Family law /by Richard RenkinWith the holiday upon us, oftentimes the children become unwanted victims during or following the divorce process. Renkin law suggests that parents should be completely focused on the children rather than bringing their negative attitudes with them. Even if the divorce was bitter, the children should not be embroiled in the after effects, and they […]
Renkin Law Wins San Diego Top Attorney Award
/in Divorce Attorney /by Richard RenkinIt was recently announced that Richard Renkin of Renkin & Associates was awarded the top attorney award for 2011. According to Richard, “This is truly an honor to be awarded by my peers in my chosen profession.” Richard has been handling Family Law cases for over 24 years includingfinancial issues, child custody, child support issues and […]
Divorce Negotiation Tips
/in Divorce Attorney, Family law /by Richard RenkinRenkin Law & Associates recommends that prior to a divorce case being filed and/orheard, all reconciliation and mediation avenues be addressed and exhausted before the petition is filed with the court. Lawyers at Renkin Law carefully scrutinize and assess all divorce petitions and bring to light all available options to their clients. Although some couples might initially […]
Grandparents and Visitation Rights
/in Child Custody /by Richard RenkinRenkin Law discusses the issue of grandparents and their visitation rights. Unfortunately, many are unaware that grandparents still have legal rights in regards to visitation with their grandchildren. If one peruses the internet, there are some valuable resources regarding this subject. Under California Family Code Section 3100 et seq,,the law supports what is considered “the […]
2017 National & California Divorce Statistics
/in Divorce /by Richard RenkinThere is no shortage of facts, statistics, and studies related to divorce on the internet. If there’s even the slightest possibility a factor might affect divorce, chances are it’s been studied by researchers. With thousands of studies and over 195 million Google results on various divorce topics, it can be overwhelming and time consuming to […]