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In Division of Marital Assets, Divorce

FAQ: How Do I File My Taxes During A Divorce?

I constantly get asked, “how do I file my taxes during a divorce?”  This is one aspect of divorce that is often overlooked as there is no easy answer to this question.

How you (and your former spouse) will file your tax returns during or after your marital dissolution depends on a multitude of factors. The decisions you make on this can have far-reaching financial consequences, so be sure to talk to your family law attorney and accountant so that you understand what lies ahead. Here are answers to some of the most common divorce tax questions we hear from clients.

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In Divorce

What is a California “Minor’s Counsel?”

California "Minor's Counsel

If you have minor children and are getting divorced, you and your spouse – with the help of attorneys – can often work out questions of custody, visitation, and other related issues with the help of your attorneys.

In some California cases, however, the court will appoint a person known as a minor’s counsel to represent the children.

The following explains what a minor’s counsel is and what their role in a divorce case is:

What is a California “minor’s counsel”?

A minor’s counsel is a lawyer appointed by the court to represent the best interests of the child. Attorneys who fill this role must meet the training, experience, and education requirements mandated by California law.

After they’re appointed, they gather information in several different ways, including interviewing the child, reviewing court files and relevant records such as school and medical reports, and investigating further if necessary. If the child has wishes they’d like to share with the court, this is also done through a minor’s counsel.

When is a minor’s counsel needed?

Most divorce cases involving minor children can be resolved without the help of a minor’s counsel. However, in some cases, the court will decide that a minor’s counsel should be appointed. This is sometimes done based on a recommendation from a parent, one of their attorneys, the child, a relative, or other parties with knowledge about the case, or the court can decide that having a minor’s counsel is in the child’s best interests without a recommendation.

The following are some of the circumstances that might prompt the court to appoint one (or more, if there are multiple children):

  • The divorce case is highly contentious.
  • The parents have an extended legal history.
  • The child is under stress due to the divorce dispute.
  • Claims of abuse, neglect, or child abduction have been made.
  • The court needs more information about what’s in the child’s best interests.

Although most divorce cases don’t require the help of a minor’s counsel, this position can help the court decide what’s in the child’s best interests in more complex cases. With each parent being represented by an attorney, a California minor’s counsel represents the child’s interests and gives related information to the court.

It is imperative to have a skilled family law attorney advocating for you and your child. Dont leave your time with your child up to chance, put yourself in the best position possible by having zealous representation.

 ••Minella Law Group Can Help••

Attorney Kathy Minella is on the court appointed list as a minors counsel. She is regularly appointed to assist the court in difficult and complex custody cases. Our attorneys are skilled in presenting custody cases in court that demonstrate the best interest of the child. Please call 619.289.7948 for more information. 

 

 

 

 

 

[image courtesy of pexels]

 

In Divorce, Family Law Blog

Prenup vs Postnup in California: The Difference

how do you officially change your name after a divorce

Gone are the days when getting prenup or postnup seemed a bad omen for the marriage. Currently, about 51% of prospective couples believe prenups and postnups do not mean a lack of faith in marriage but insurance to your finances and emotions in case of divorce.

Unfortunately, the terms prenup and postnup are often used interchangeably while they have different meanings. What is the difference between prenups and postnups, and which applies to your case?

Keep reading for these answers.

Differences Between Prenup and Postnup

Some of the major differences between prenups and postnups are:

Timing

A prenuptial agreement, commonly known as a prenup, is a legal contract entered into by a couple before they get married. It outlines how assets, debts, and other financial matters will be handled in the event of a divorce or separation. Prenups can also address issues like spousal support and the division of property.

Prenups are signed by engaged couples who expect to get married soon. Although the prenup is signed before marriage, it becomes valid after the couple ties the not. 

On the other hand, postnups are signed by couples after they are already married. A prenup may be signed days, months or even years after the marriage. The couple decides when the terms of the agreement become effective, which may be a date before or after the signing date. A past date can go back to their wedding date.

Coverage

A prenup mainly looks at the property owned by the prospective couple before marriage. However, the postnup covers property earned before and after marriage. If the marriage has already lasted for a while, it gets tricky to agree on the community property since it should be divided 50/50. It also has to consider businesses and property that didn’t exist before the marriage.

Validation of the Document

Signing a prenup becomes valid if it meets California’s Uniform Premarital Agreement Act and is signed by both parties. However, a postnup becomes valid after being approved by the court.

Before the court approves the postnup, they need to confirm that each spouse came to the agreement voluntarily and that the agreement is fair to both parties. The court does not validate the document if the agreement does not meet such legal requirements.

Should You Get a Prenup or a Postnup?

If you are yet to say ‘I do’, don’t wait until you are married to get a postnup. Instead, get a prenup since it is easier to acquire than a postnup.

Fortunately, getting a postnup is only complicated but not impossible. Therefore, if you are already married, don’t hesitate to get a postnup as it will come in handy in case you separate or divorce your spouse. Either way, seek legal advice to ensure that you come up with a prenup or postnup that will help you in the future.

•• Minella Law Group Can Help ••

Attorneys at Minella Law Group are here to help and have your best interest at heart.  For more information or to schedule a consultation, call us at 619-289-7948.  We look forward to helping.

 

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