Community property laws seem simple: Add up all the marital property (community property) and split it in half. In fact, it is almost always much more complicated than that. Community property may have, over the years, become commingled with separate property (property owned before the marriage or inherited property). Or a spouse may try to hide marital property. Property division lawyer Brenda McCune has helps clients sort out all the facts and issues of community property.
The Law Office of Brenda McCune represents clients in and around the California communities of Yorba Linda, Placentia, Fullerton, Brea and Anaheim.
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The Law Office of Brenda McCune - Yorba Linda, California Family Law Attorney
Divorce - An Overview
Contemplating divorce is always difficult. Whether you are sure you want to end your marriage or are still considering your options, it helps to learn the basics of divorce law and process. Should you conclude that divorce is necessary, it is very important that you seek the assistance of an experienced family law attorney. Involving a knowledgeable family law attorney as soon as possible in the divorce process is one of the best ways to preserve your own long-term financial and emotional health.
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Division of Property
When there is little or no marital property, no children, no issues of alimony or spousal maintenance, amicable spouses can usually obtain a quick divorce. Most divorces, however, are different and far more complex. The typical divorce involves a union of a number of years with considerable marital property, both personal property and real estate, children, family businesses, large or concealed debts, trust funds, real estate in other states, joint and separate accounts, investments, insurance, pensions, and other assets. In these complex situations, the parties often cannot divide their property on their own and therefore may require court involvement for its ultimate division.
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Questions to Ask During Divorce
Whether you should end your marriage is one of the most important and difficult decisions you will ever encounter. It is important to approach the question from a rational perspective rather than solely an emotional one. In many ways it is a business decision that requires you to evaluate many issues. Once you review this list of questions, you may rethink the direction you are headed, or you will be better prepared to move forward while working with an attorney.
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How to Move On
Recovering from a divorce is similar to the grieving process one experiences when a loved one dies. There are five stages in the process: shock and denial, anger, ambivalence, depression and recovery. Many people expect to work through these stages one after the other, but that isn't usually how it happens. You can expect to move in and out of each phase over time and sometimes experience more than one phase at the same time. It is a difficult process and time consuming. Family counselors advise it may take as long as two years to fully recover.
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An Amicable Divorce
Divorce is one of the most emotional experiences a person will ever face. The decision to end a marriage is not easy and is often accompanied with anger, fear, and resentment. The negative emotions associated with divorce are responsible for more than hurt feelings; they affect the final outcome of settlement negotiations. Most important, if children are involved, they will suffer. It is in your best interest to approach divorce from an amicable perspective. This will allow you to put on your business hat, which is critical for reaching a successful settlement. It will also allow you to put on your effective parent hat, which is critical for helping your children through this difficult process.
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