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If you’re a business owner going through a divorce in California, protecting your company can quickly become one of the most important and complicated parts of your case. California’s community property laws mean that any business started or grown during the marriage could be subject to a 50/50 division. That’s why it’s essential to understand how courts evaluate business ownership, what factors determine whether your company is considered community or separate property, and what steps you can take to minimize the financial impact. In this video, we’ll walk through the key strategies to safeguard your business, including the importance of keeping finances separate, using prenuptial or postnuptial agreements, and getting a professional business valuation. We’ll also explain your options for dividing a business, from buyouts to co-ownership, and when liquidation might come into play. Whether you’re preparing for divorce or already in the thick of it, this guide will help you protect what you’ve built. If you’re concerned about your business, schedule a one-on-one consultation with Mohajer Law Firm. Protect your rights, your company, and your financial future. Transcript: Dividing assets at the time of divorce can be challenging in and of itself, but if you have your own company, you could be facing a whole set of unique challenges that you’ll need to overcome. In this video, I want to outline key steps to protect that company from being divided or even impacted altogether. Hi, I’m Sina Mohajer with Mohajer Law Firm. We specialize in family law, estate planning, criminal defense, and personal injury. In these mini-series, I like to tackle complex legal issues and try to simplify them for our viewers to give you the information and know-how to handle your own case or perhaps your own legal situation. So if you like the contents of this video, hit that like button and don’t forget to subscribe so you’re always informed of any new videos being posted. Without further ado, I welcome you all to our new mini-series called A Walk in the Park. How Does Divorce Affect Your Business Ownership? So, how does divorce affect your business ownership? Well, you have to remember, California is a community property state, which means anything you acquire from the date of marriage to the date of separation is presumed to be a community asset and it needs to be divided equally. Is Your Business Considered Community Property? And the way the court will determine if your company is a community asset or a separate asset, it will look at the time the business was started and what funds were used. A potential outcome, if the court determines it is a community asset, is really three-fold. One, you have the option of buying out your spouse of their community interest in that business. Another one is a co-ownership agreement, so you can continue owning this business together and splitting the proceeds accordingly. And the third option is business liquidation, which I’m sure all of us would like to try to avoid. How to Protect Your Business So, what are some legal strategies to take in order to ensure the protection and longevity of that business? Prenuptial or Postnuptial Agreement Well, one is a prenuptual or a postnuptual agreement. This is done usually either before or during the marriage, before it’s contemplated of having a divorce. And if you have questions about that in particular, there are other videos I’ve posted about prenuptual and postnuptual agreements, so please feel free to browse the library and get those answers for yourself. Ownership Agreement Another strategy is having a business strategy or an ownership agreement in place where you predetermine, for example, percentage ownership of each spouse and what happens if there comes a time where the two of you do get divorced. Keep Business and Personal Expenses Separate Another strategy is to always keep your business and personal finances separate. Try to avoid using business funds for personal expenses. This muddies the water, where it’s very difficult for the court to determine if this is a separate asset. So the chances are, they’re going to fall back on the fact that it’s a community asset and it needs to be divided. Determining Value So, what happens if we do have to divide this asset? Well, before you can divide anything you have to know its value. And when it comes to a business, the court is most likely going to need an expert to come in and give a business valuation. Look at your books and figure out all the assets and the debts to determine what is the value, and that needs to be divided. You can use that particular figure also during your settlement negotiations. How to Keep Your Business Without Liquidating It And it’s key, if you’re trying to keep this business alive without having to liquidate it, you’re going to have only a couple options. One is to buy out your spouse of their interest. Or another way is to try to offset or trade other community assets in lieu of this particular business, so you can continue owning it on your own. Contact Mohajer Law Firm to Protect Your Business in a Divorce When things get complicated it’s always important to seek legal counsel. Having a seasoned family law attorney in your corner is going to allow you to avoid any costly errors or mistakes when dealing with your divorce and dividing this business. After all, you’ve worked hard to bring this business to life and for its longevity you want to make sure to avoid any foreseeable mistakes. So, if you have questions about your particular situation, I welcome you to contact our office. I’m happy to sit down with you one-on-one to discuss your case in more detail.

Many people who file for divorce cannot afford to be able to fund two different homes. What does cohabitation mean in divorce in California? In this video, Sina Mohajer discusses potential consequences of living together or cohabitating, how cohabitation affects spousal support, as well as whether cohabitation can affect the grounds for getting a divorce. If you have any questions or would like to speak with a skilled attorney about family law, contact Mohajer Law Firm today at (626) 569-5200. Transcript: Many people who file for divorce cannot afford to be able to fund two different homes. For example, if you were to separate, one person pays for the current rent or mortgage while the other spouse has to go and pay a second rent or mortgage. So a lot of the times we see couples who are going through a divorce cohabitating together during the pendency of their case. In this video we’re going to address not only some potential consequences of living together, but how cohabitation affects spousal support, as well as whether cohabitation can affect the grounds of getting a divorce. Hi, I’m Sina Mohajer. I’m a family law attorney practicing in the Greater Los Angeles County since 2012. I’ve been a contributing member of the Los Angeles County Bar Association and I’ve been rated by Super Lawyers since 2019. Can Cohabitation Affect the Grounds for Divorce? The first question is whether cohabitation actually can affect the grounds of getting divorce. The answer is no. As long as you want a divorce, you’re going to get your divorce. You living together might create some complications down the line, but nothing preventing you from getting that judgment and dissolving that marriage in order for you to start your new chapter in life. Other Consequences Cohabitation While Getting a Divorce Now, some potential consequences of living together, or cohabitating, could be quite a few. For example, your marriage is no longer there. That level of trust, that bond that you once had, is no longer there. So naturally, living together with someone that you might not like could create conflict. And the more conflict we have, the more we have to go into court. Potentially even a domestic violence restraining order might be needed. And we certainly want to avoid those complications and make this transition as smooth as possible. Can Cohabitation Affect Spousal Support? Now, whether cohabitation can affect spousal support, I definitely think it can. Because if you’re living together in one home, and you have one spouse taking care of all the expenses, the financial expenses, in a way you’re receiving that benefit free of charge. So you’re not having to pay for anything. Therefore, taking away that need for spousal support. So you can’t really double dip and live rent free, utility free, and then expect your spouse to also pay you monthly for spousal support. But it’s possible that you could potentially get a little bit of both. Help With Your Divorce in California It’s very important to sit down with a seasoned family law attorney to explore your rights and your options. Feel free to give us a call. Contact us online. I’ll be happy to schedule you your initial consultation.

In this video, family law attorney Sina Mohajer discusses the different, valid reasons that you can give to get a divorce. What is the meaning of irretrievable or irremediable breakdown of the marriage, as well as can you even get a divorce without indicating a valid legal reason? If you have any questions or would like to speak with a skilled attorney about family law—including legal reasons to get a divorce—contact Mohajer Law Firm today at (626) 569-5200. Transcript: When filing for divorce, I’m always posed with the question of what legal reasoning do I need to give in order to get that divorce? Now, in this video I’m going to discuss what are the different valid reasons that you can give to get a divorce. What is the meaning of irretrievable or irremediable breakdown of the marriage, as well as, can you even get a divorce without indicating a valid legal reason? Hi, I’m Sina Mahajar. I’m a family law attorney practicing in the Greater Los Angeles County since 2012. I’ve been a contributing member of the Los Angeles County Bar Association and I’ve been raided by Super Lawyer since 2019.   Three Legal Reasons to File for Divorce In determining the legal reasons to file for divorce, it really comes down to three legal reasons. The first one is irreconcilable differences, which we’ll discuss in a second. The last two is nullity of a void marriage versus nullity of a voidable marriage. Void Marriage vs Voidable Marriage Now, a void marriage means that the marriage should have never taken place and there’s two criteria that fall under a void marriage. First one being incest, the other one is bigamy. In that situation, there’s no community assets divide because there was never a marriage. But if you’re asking for a nullity of a voidable marriage, now you have to show the court a little bit more. And an example of a voidable marriage would be, for example, if you enter into the marriage under false pretenses or you are fraudulently induced into getting married. Some examples are, for example, if you got married for purposes of immigration status. Or, I had a case recently where the parties agreed to get married under the notion that they were going to have children. However, after many years into the marriage, it turns out that one of the spouse never wanted to have children to begin with. So that constituted as a voidable marriage. Irreconcilable Differences Now, the third one that we talked about earlier, or I should say the first, one irreconcilable differences. This is the umbrella of all. This is also synonymous for irretrievable breakdown of the marriage, or as they also say, irremediable breakdown of the marriage. Now, when I say an umbrella, any reason that you can think of would fall under irreconcilable differences. California is a no-fault divorce, so even infidelity, whether you just simply don’t like your partner anymore and you want to start a new life. If you fell in love with somebody else, and you never cheated on your spouse, it doesn’t matter. Irreconcilable differences just means that ‘I’m done’. Because in the state of California, a marriage is like a contract. You’re entering into this agreement with your partner to be married and to live your life in a married way. However, if you want to get out of that contract, you got to give a legal reason to do so. And irreconcilable difference is the safe haven. Everybody, almost everybody, picks irreconcilable differences, because in that, it’s easy to prove and you’ll get your divorce granted easily. Do You Have to Give a Reason to Get Divorced? Now, do you have to give a legal reason in order to get divorced? The answer is very simple. Yes. You cannot ask for a divorce without giving a legal reason, so it has to be one of the three. Now, of course, the most common reason was irreconcilable differences. As I stated earlier, it’s the umbrella, the catch-all. So, regardless of why you don’t want to be in that marriage anymore, the court really wouldn’t care, as long long as they determine from you that it’s based on irreconcilable differences, that no mediation or counseling will help make amends of that relationship, and you want out. And as long as you answer ‘yes’ to all those questions, you’ll get your divorce.   Help Filing for a Divorce in California If you have questions about your case or you would like to speak in more detail about the different legal reasonings, or different nuances of your divorce process, feel free to reach out. We offer a free initial consultation and I’ll be happy to sit with you one-on-one.

In this video, family law attorney Sina Mohajer discusses the difference between filing for divorce vs filing for legal separation. Plus, what are the five issues that need to be resolved in any divorce case or in a legal separation case? If you have any questions or would like legal advice from a skilled attorney about family law—including a divorce or legal separation case—contact Mohajer Law Firm today at (626) 569-5200. Transcript: When contemplating filing for divorce, I’m asked all the time, what’s the difference between filing for divorce or filing for legal separation? In this video, we’re going to cover exactly that, so that way, you don’t have to wonder any longer. Hi, I’m Sina Mohajer. I’m a family law attorney practicing in the Greater Los Angeles County since 2012. I’ve been a contributing member of the Los Angeles County Bar Association and I’ve been rated by Super Lawyers since 2019.   Five Issues to Resolve in a Divorce or Legal Separation Case Now, legal separation or divorce, you have to remember in any divorce case, just like a legal separation case, you have to resolve five issues. Not all issues might be pertaining to you, but there are five issues that need to be resolved. Whether you’re going to let the judge know it’s not applicable, or there’s some type of resolution needing to be made. First issue is custody and visitation, if you have kids. Spousal support, child support, and then the division of assets, and division of debts or liabilities. Those are the five issues that need to be resolved in a divorce. Coincidentally, those are the same five issues that need to be resolved in a legal separation. Status: Married vs. Single The only difference between the two is whether you want to still remain as a married person, or if you like to obtain that status as a single person. Because in a divorce, at the end of it, at the time of judgment, they’re going to dissolve the marriage. You’re going to be a single person. And in a legal separation case, they’re just dissolving, or resolving, those five issues we mentioned in the beginning. But you’re still going to be married. You can file your taxes as married, filing separately, but you’re still going to hold the status as a married woman or a married man.   Help With Your Divorce or Separation in California If you have questions about your case or you like to explore different options that you want, you’re juggling in between, or what have you. Feel free to give us a call. We offer a free initial consultation, and I’ll be happy to sit with you one-on-one.

In this video, family law attorney Sina Mohajer discusses what is perjury, and what happens if your ex spouse committed perjury in a divorce trial, and what kind of effect does that have on the divorce proceedings? If you have any questions or would like to speak with a skilled attorney about family law and the divorce process, contact Mohajer Law Firm today at (626)569-5200. Transcript: Let’s say you’re in the middle of a divorce trial and things are looking good, you’re thinking you’re going to get pretty much what you’re asking for from the judge. But then all of a sudden, your spouse, or ex-spouse, lies. What does that mean? What kind of effect does that have on the case? Well, if someone’s lying, they committed perjury. What is perjury? What does it mean when it’s under the penalty of perjury and when you take an oath in court? Hi, I’m Sina Mohajer. I’m a family law attorney practicing in the Greater Los Angeles County since 2012. I’ve been a contributing member of the Los Angeles County Bar Association and I’ve been rated by Super Lawyers since 2019.   Perjury While Testifying in a Divorce Trial Now, the term perjury, it means when you take an oath in court, you swear to tell the truth, the whole truth, and nothing but the truth, so help you God. And when you break that, that’s called perjury, which is a criminal offense by the way. Proving Perjury Via Impeachment So, when you do commit perjury in court, one. you’re gonna have to prove that the other side has done it. And usually, you do this through what they call impeachment. You provide some type of document to prove that what they just testified to, under oath, was not the truth, was not the whole truth, or that they were misleading or exaggerating in any way shape or form. Credibility But what kind of effect does that have on your family law proceeding? Well, it really comes down to credibility. If the court finds that the other spouse has lied, their credibility is just shot. Now, your credibility is still intact because you’re not committing perjury. You’re not exaggerating or embellishing. You’re being straightforward and you’re telling the truth to the best of your ability. So, when credibility comes into play, the court really only looks at one side when determining what to order as far as the divorce is concerned. And if you’re the only one telling the truth, well, the court only has your information to go off of. The other side has lied. That information is no use.   Help With Your Divorce in California If you’ve got questions about your case, or you’d like to explore different avenues, or how to even prepare for a trial, and you might need legal representation, feel free to reach out to our office. We offer a free initial consultation and I’ll be happy to sit with you one-on-one.

Before your separation, did you or your spouse act as the family’s primary earner? If so, the courts may want to go beyond fairly and equitably splitting assets by awarding spousal support. Also known as alimony, a spousal support order gives the homemaker of the family financial backing so they have time to go through training and start working. Depending on their situation, the order may be temporary or long-term, potentially resulting in a lasting impact on the primary breadwinner’s finances. Every spousal support order is different, too, since the calculations are based on your unique situation. Wondering how that might work? Just use this guide to learn more about how is spousal support calculated by courts. Difference Between Temporary and Long-Term Spousal Support During your divorce proceedings, the courts can decide to award temporary or long-term alimony. The alimony helps the non-breadwinner of the family stay afloat while handling the dissolution of your marriage. Temporary orders often occur on an emergency basis while the divorce is still pending. Long-term alimony orders usually come in at the end, setting the terms of your divorce before closing the case. The courts can change it up if the marriage is relatively short or other complicating factors necessitate the need for short-term support only. The courts calculate both types of alimony differently to come up with genuinely accurate figures. The process is standardized for both temporary and long-term spousal support. But the courts use a software suite to calculate the temporary orders, while long-term alimony judgments follow Family Code 4320 instead. Factors Used to Calculate Temporary Spousal Support When calculating temporary spousal support, the courts typically use the DissoMaster software suite. The system uses your spouse’s financial information to calculate the appropriate monthly spousal support payments. Depending on your situation, info put into the system may include: Annual earnings figures Total number of children Custody arrangements Tax filings Then, the system indicates which spouse should pay alimony and at what rate. In most cases, the temporary orders only stay in effect until the divorce proceedings reach the final stage. Then, the courts may decide to award long-term alimony or cease the spousal support payments altogether. How Courts Determine Long-Term Alimony Orders When deciding if they should award long-term spousal support, the courts examine Family Code 4320. The code demands the court consider several important factors when making this decision. The court will then look at you and your spouse: Age Health Marketability Standard of living By weighing all those factors, one can determine if one spouse should get support from the other. Often, the results match the DissoMaster calculations, but that’s not always the case. The courts must make their own calculations based on the Family Code to accurately award long-term alimony. Need Help Navigating Through Your Divorce Proceedings? Divorce brings up many challenges and pressing questions. So, having a knowledgeable attorney in your corner makes sense. Fortunately, you can get the support you need by calling our team at 626-569-5200. At Mohajer Law Firm, we specialize in family law matters, including alimony laws and spouse support after divorce. So, we can give you all the guidance and support needed to get through the challenges ahead with ease.

Having your finances in order is essential if you’re planning on getting divorced or in the middle of one. One of divorce proceedings’ most common financial mistakes is using your spouse’s money. Using community or shared funds for personal needs or wants during a divorce can cause serious problems. There may be financial issues for the other spouse, and the spouse spending the money could also find themselves in legal trouble. What Are Community Funds in a Divorce? Community funds are the funds that are supposed to be divided equally between the two spouses. For example, if both parties contributed to a checking and savings account, it’s likely that the money should be divided equally. But when one person takes it and spends it, that becomes a severe issue. It could leave the other spouse unable to cover their expenses, especially if they have to find other living arrangements. Spending the community funds is frequently done out of spite or anger. Reimbursement is Generally Required If one spouse spends all the community funds, the court will require that spouse to reimburse what should have gone to the other spouse. The bottom line is that the spending spouse will need to give the non-spending spouse half of the amount they took out of community funds and spent. That’s not always easy, especially if the sum of money is significant. In some cases, the spending spouse may have to liquidate personal assets to return the money they spent. Making other financial concessions to the non-spending spouse can be part of the divorce proceeding. For example, if the spending spouse doesn’t have the money to give back, the non-spending spouse may be given something else in the divorce to compensate for the money they should have received. If you’re thinking about spending money during your own divorce proceeding, seeking legal guidance before doing that can protect you from repayment concerns later. Work With an Attorney to Avoid Financial Mistakes During a Divorce Spending money that doesn’t belong to them is a common mistake in many divorces, whether out of anger or simply because they don’t understand that it’s not allowed. But it’s also a mistake that can (and should) be avoided. Not only does it cause issues for the other spouse, but the spouse who spends the money may have trouble replacing it when the court orders them to do so. Understanding what you’re allowed to do in a divorce is very important, and finances are a big part of that. If you have questions about your divorce process, what you’re allowed to do, and what kinds of things you should avoid, getting answers from an attorney is very important. At Mohajer Law Firm, we offer a free consultation, so we can sit down with you to discuss your options and concerns. Reach out to us today to get the information you need regarding your divorce case.

When you’re filing for divorce in California, one of the questions you might have is if you can file when your spouse doesn’t live there. Maybe they’re in the military, or they’ve moved to another state for work or to be closer to family. They might have even moved out of the country or returned to their home country if they weren’t born in the United States. But you’re living in California and must file for divorce. Can you? In most circumstances, the answer is yes. What Requirements Do You Need to Meet? To file for divorce in California, you must reside in the state and have lived there for at least six months. You also must live in the county where you will be filing for at least three months. That gives the state jurisdiction to dissolve your marriage because you’ve been there long enough to create a residency relationship for purposes of civil actions such as divorce proceedings. If you’re planning on moving to a different county, you may want to settle your divorce first, if possible, by going ahead with your filing. That will keep you from having to wait another three months. However, there may be times when you need to move first, and the three months will generally pass quickly. Also, consider getting everything ready to file, even if you’re a few weeks short of the opportunity to file. There’s no law against getting all your documents in order and the paperwork ready so that you can file on the first day. That’s true for the three-month county residency rule and also for the six-month state residency rule. Your Spouse Can Live Anywhere It doesn’t matter where your spouse lives when you file for divorce in California. They can be in California, or they can live in another state or another country. It doesn’t make a difference because you’re the one filing. If you’ve lived in California long enough to meet filing requirements, that’s all that matters. That can make it much easier for you to move forward with a divorce, especially if you and your spouse don’t have an amicable parting. Not everyone who goes through a divorce can part company with respect to one another, and sometimes you need to get far away from another person. Working With an Attorney is the Right Choice When you file for divorce in California, it’s best to work with an attorney. Even an amicable divorce can become complicated, and circumstances can change quickly. Contact us at Mohajer Law Firm today, and let’s discuss your case. We offer a free initial consultation, so you can get the support you need and answers to your questions. Solid legal representation is the key to settling your divorce in a fair and just manner and providing you with additional peace of mind.  

People divorce for all types of reasons. Adultery. Physical violence. Emotional violence. And sometimes, they are tired of each other and can’t bear to live in the same house anymore. Lawyers often get questions such as, “Do I get extra because my spouse cheated?” The short answer is, “No.” California divides assets equally because of the fault or no-fault divorce rule.  What is a No-Fault Divorce? California is a no-fault state, which means the law allows you to divorce for any reason or no reason. You only have to allege “irreconcilable differences.” Proving your spouse wronged you could take a lot of money and time. Because California is a no-fault state, you do not have the hardship of establishing your spouse did anything wrong. You can file for divorce, go through the process and move on without the added stress of reliving what you believe to be incorrect. Asset Division Since California is a community property state, the marital property you accumulated during the marriage is divided in half. Other states – those that are not community property states – divide using equitable distribution. The court looks at several factors to determine which spouse gets what. It starts at 50/50, then the court adds and subtracts percentages based on the spouses’ actions during the marriage, their current and future earning capacity, and whether one spouse receives spousal support. In some states, such as Florida, the court looks at whether one spouse committed adultery. Even though Florid is also a no-fault state, the court may hold the adulterous spouse responsible by awarding the other spouse more of the marital assets. California is just the opposite. You get half of any asset considered marital – property you bought with marital money during the marriage. What is Marital Property? A family law attorney can tell you what is and isn’t marital property as some things “cross the line.” However, if you bought it during the marriage, it is usually marital property. Also, if you purchased it with funds earned during the marriage, it could be marital property. Certain things are not marital property, such as an inheritance that does not name your spouse and property purchased before the marriage. However, if you bought property before the marriage and used marital funds to maintain it, that property usually becomes marital property. As for retirement accounts, the portion deposited in the account before the marriage remains non-marital property. The portion deposited during the marriage and any interest earned is usually marital property. Because California does not look to fault during a divorce, you can’t offset property division with a spouse’s errant behavior. Contact a California Divorce Attorney If you are ready to file for divorce or have been served with divorce papers, contact a California family law attorney to ensure your rights are not violated. You are entitled to half of the property since California is a no-fault state. Your initial divorce consultation is free.

Sometimes, it can seem like there’s no end to the obstacles when you’re going through a divorce. For quite a few divorcing couples, fights are frequent, and there’s an ever-revolving door of new problems daily. One common issue we see in our practice is speculation that our client’s spouse may be hiding assets. Separation of Property During a Divorce During any divorce, both you and your soon-to-be ex-spouse will be required to disclose all of your assets. As you reveal your assets, you will separate what you believe to be community property (for example, a house or car that you own jointly) and personal property (whatever is yours alone). This is so that you can help facilitate an agreement concerning your collective assets. You may also need to disclose this information as you prepare to go to trial. Unfortunately, some parties will try to avoid following the rules and may purposely not disclose some of their own assets. The goal here is usually to avoid having their personal assets divided up. Proving Hidden Assets If our firm is representing you, and we agree that your ex-spouse is lying in this way, things can get complicated. That’s because it’s up to us to prove to the court that your ex-spouse is hiding assets and finding out where those assets are. Fortunately, there are a lot of resources we can use as attorneys. We have forensic accounting, for example. Or, we can hire a private investigator. We’re simply following the “breadcrumbs” at the end of the day. Here’s an example: Let’s say you had a joint account with your soon-to-be-ex, and there was, at one time, $100,000 in it. Then, all of a sudden, it dropped down to $20,000. Naturally, we want to see where that money went. And there’s almost always some breadcrumb for our experts to grab onto. Most of the time, we find the money or other assets. Still, if we’re not able to determine where the assets have gone (but we can still prove that assets are being hidden), there are other ways to make your divorce more favorable for you. For example, we might be able to utilize sanctions or a monetary fine. Or, we could try for an inequitable division of assets. This would mean that instead of a 50/50 division of your community assets, you might take the bulk of it. Getting a Divorce? Contact Us Today Divorce is not easy — especially when you have a soon-to-be ex-spouse lying or trying to cheat the system. At Mohajer Law Firm, APC, we have been helping individuals getting divorced in the Greater Los Angeles County area since 2012. If you are getting divorced and need representation or have questions about your case, please get in touch with us today. We’re here to help.