WHAT WE DODefining Goals, Methods & Success Together
The Law Office of Gartman and Montenegro specializes in divorce cases involving business owners. With Ms. Peniche-Gartman’s background in Accounting, our firm is uniquely equipped to navigate the complexities of financial matters in divorce proceedings. Whether it’s valuing a business, analyzing profit and loss statements, or determining the division of separate and community property interests, our deep understanding of financial statements—such as balance sheets, income statements, and cash flow reports—ensures that every financial aspect of your case is handled with precision. For business owners facing divorce, these are critical issues that can have a significant impact on your future. With our expertise, we work to protect both your personal and professional interests, ensuring that your financial stability is preserved during this challenging time.
Legal separation is an alternative to getting a divorce, or the first step toward a divorce. The grounds for getting a legally valid separation in Orange County are the same as for a divorce: irreconcilable differences or permanent legal incapacity to make decisions. This is a solid option to consider when you want to end your marriage, whether there are religious or other objections to a divorce, or you are waiting to fulfill the residency requirement for a California divorce.
According to California law, a man or woman can request and file for spousal support at the same time they file for divorce or legal separation. If spousal support is granted, the court will order the paying party (husband, wife, or partner) to pay a specified amount of money in order to support the other spouse after the marriage has ended. California imposes a mutual obligation of support on spouses, which eliminates discrimination against one gender over another.Spousal support can be achieved amicably if both spouses are in agreement. In these uncontested cases, a spousal support order can be obtained through mediation or collaborative law. In contested spousal support matters, however, it is vital to have an aggressive advocate on your side.
Child custody issues are some of the most difficult and heated family law matters. We understand the desire of families to find the best solution for their children and we recognize that this desire can be compounded by strong emotional ties that might make it difficult to make such a serious decision.
In this and other community property states, all marital community and quasi-community assets and liabilities are to be split equally. But equal property division does not mean the court must be mathematically precise, dividing each and every asset within the community estate. Instead, when a court distributes community property, the leftover assets awarded to each party need to be equal after liabilities have been deducted. If an asset is left out of the original property division order, you have the right to file a post-judgment motion.
California is a community property state, meaning that all joint property and debts of a married couple or registered domestic partnership are to be divided equally. Generally, any property or obligations acquired from the date of marriage through the date of separation is considered community property. This includes any:
Community property also involves your marital debts, such as debts acquired from credit cards, car loans, home loans, or other obligations.
California is a community property state, meaning that all joint property and debts of a married couple or registered domestic partnership are to be divided equally. Generally, any property or obligations acquired from the date of marriage through the date of separation is considered community property. This includes any:
- Vehicles
- Bank accounts
- Furniture
- Real estate
- Stocks
- Pension and 401(k) accounts
- Family-owned and operated businesses
- A legal, medical, or dental practice, etc.
Community property also involves your marital debts, such as debts acquired from credit cards, car loans, home loans, or other obligations.
