San Francisco Family Law Blog

If you and your spouse in California are getting a divorce, you know that dividing your assets and your debts will be something you need to do. Finding a way to agree on the value of different assets is an important part of this process and must be done before you make a final decision about who will receive what assets or who will be responsible for which debts. There are some situations in which the determination of asset value can be anything but straightforward. These are times when the use of a forensic accountant may be useful to you.

As explained by the Forensic CPA Society, a forensic accountant brings three distinct competencies to the table for you in your divorce. These include their accounting expertise, their audit capabilities and their ability to investigate sometimes complex financial matters or transactions.

California residents probably know that they live in a community property state. This means that marital property is divided equally when a couple gets divorced. There may be some exceptions to this, such as when a prenuptial agreement outlines other provisions. Student loan debt may also raise unique situations and might or might not fall under the need to be equally split.

As explained by NitroCollege.com, one of the big factors that a divorcing couple will need to identify in when the student loan debt was incurred relative to when the couple got married. In many situations, it is likely that debt incurred prior to the marriage remains the separate property of the person in whose name the loan was taken. If, however, loans were taken out after the date of the marriage, the debt might be deemed marital property.

A common perception of divorce cases in San Francisco may be that those involved look to dig their heels in and hold out for as long as is necessary in order for them to secure the settlement terms that they want. Yet often this "winner-take-all" attitude misses the general purpose of divorce proceedings, which is to formally end a marriage with both sides leaving in similar financial positions. While that might include one spouse paying their other alimony, such assistance is not meant to serve as punishment against that spouse, but rather a temporary means for the other to support themselves until they are able to secure gainful employment. 

Unfortunately, this may not be understood by all who are going through a divorce. Such is the impression some may have after learning the demands made by a former reality television star of his soon-to-be ex-wife (who is also a reality TV celebrity). She filed for divorce earlier this year, then attempted to reconcile. Her attempts apparently proved to be futile as she re-filed a month later. Yet she claims that he is intentionally holding up the proceedings by refusing to sign the divorce paperwork until his demand of receiving spousal support (along with 40 percent of her assets) is met. 

Adoptive and foster parents must go through many steps before they can welcome children into their homes. The home study is a crucial part of the process, as you and your spouse will be rigorously vetted to ensure you're fully prepared to take on child-rearing responsibilities. Because the process can be a bit intimidating, AdoptUSKids.org offers the following information to help you prepare. 

You and your spouse will be asked for certain documents during the home study. Documents detailing your health and wellness are necessary to ensure you'll be able to provide care to your child for as long as possible. Health issues don't necessarily exclude you from adopting, provided that they're well controlled. More serious illnesses or diseases, meaning those that may cause premature death, could be a cause for concern. In this case, adoptive parents are often asked to establish an estate plan that arranges for the adopted child to be properly cared for in the event the adoptive parent is deceased.