Our Firm represents clients in all aspects of divorce or dissolution of marriage proceedings.
More specifically, we assist clients in the following matters: child custody and visitation; child support; spousal support; resolution of tax issues; division of assets and debts; and allocation of interests in retirement plans. Our Family Law attorneys also assist clients in matters related to prenuptial agreements; postnuptial agreements; cohabitation agreements; and paternity. We provide divorce mediation services on all California family law issues.
In advising our family law clients, we draw on the expertise within our various practice groups to effectively handle dissolution or divorce related issues, including the valuation of professional practices and closely held businesses, real estate and partnership interests, as well as complex tax problems.
We advise our clients seeking a divorce in California of the various tax effects of the division and transfer of property between spouses, deductibility of spousal support payments, the allocation of interests in pension and profit sharing plans, and dependency exceptions.
Our divorce attorneys are experienced in representing clients in complex dissolution matters involving large assets.
When appropriate, we engage and work with qualified experts to properly value community property. In most instances, a thorough review and analysis of our client’s assets, liabilities and cash requirements, with cooperative assistance of opposing counsel, results in a fair and equitable settlement without the necessity of costly, protracted litigation. In the event litigation is indicated or results, we aggressively and systematically pursue all appropriate avenues to obtain the most favorable outcome for our client.
Lewitt Hackman has the resources needed to handle complex business and tax issues related to family law, and to respond quickly to urgent family law matters. Our Divorce Attorneys are readily accessible to answer the questions and concerns of our clients.
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Did You Know…
- California does not recognize common law marriages.
- California is a “no fault state,” meaning that blaming a spouse for the breakdown of a marriage is irrelevant as far as the court is concerned. There are simply two grounds for dissolution: irreconcilable differences and incurable insanity. It is often disappointing for clients to learn that they will not get their “day in court” to tell the judge about the hurtful acts of their spouse.
- Divorce is now called a “dissolution”.
- Dissolution is not a fast process. There is a waiting period after filing. The earliest a judgment for dissolution breaking the status of marriage will be effective is 6 months from the date of service of the summons and petition in a dissolution action.
- California Family Law Mediation can be the most cost-effective means of dissolving a marriage. If you and your former partner can put aside your differences to reach a common goal, proceedings for a dissolution can be more efficient and less expensive.
Yours, Mine or Ours?
If you, or anyone close to you, have ever considered ending a marriage, you’ve probably wondered who gets what. Who gets the family heirlooms, the valuables, the memories?
What exactly is considered separate property under California community property law? Assuming that there has been no “commingling” or gift, if a dissolution or legal separation occurs, a person’s separate property generally includes:
- All property owned before marriage.
- All property acquired after marriage by gift, bequest, devise, or descent.
- The rents, issues, and profits of property owned before marriage or acquired during marriage by gift, bequest, devise, or descent.
- The person’s earnings and accumulations after separation.
The mere fact that a person marries does not by itself change separate property to community property. But you and your spouse can redefine what is separate or community property through transmutation, commonly through California prenuptial and postnuptial agreements.