The Fate of Your Wedding Ring in Divorce Mediation

Posted by: Gerald A. Maggio, Esq.

Orange County divorce mediation attorney; California Divorce MediatorsHow do you know when it’s finally over between the two of you? Taking off your wedding ring is an obvious sign that you’re no longer interested in working on the marriage. So, do you bury it in your closet or sell it? Burying it in the closet will not help you move on, but selling it will give you some composure.

Your wedding ring can be included as part of the divorce proceedings. The fate of the wedding ring will be in the hands of the judge, not you. Well, that is somewhat unfair, as you should be the one to decide the fate of your property, from the house down to the wedding ring. Do you know what?

We agree with you! You should have a say, as it’s your future that’s being decided here. Divorce litigation will be unfair to both of you, and not to mention brutal, if the judge decides to award your wedding ring to your partner. If both of you come to a mutual understanding and decide to go with divorce mediation, your views and opinions will be heard.

How Divorce Mediation Works in Your Favor

Divorce mediation requires your partner and you to be upfront with each other regarding all the financial documents such as pending debts, income, retirement, assets, and property, including the wedding ring. During divorce mediation, you can raise questions regarding the validity of the financial documents presented before you that is if you suspect your partner isn’t disclosing something he or she should.

After everything is out in the open and you don’t suspect foul play, you can raise the question about the future of the wedding ring. Since your partner and you understand the sentimental value behind a small piece of jewelry, you will be better suited to make a decision regarding its fate.

Even though selling the wedding ring is the most chosen option, people have opted to keep the wedding ring to turn it into something new or pass it down to their daughter or son, if they have children. Sometimes, the partners don’t mind their ex not sharing the profit of the ring with them, if they decide to sell it. Therefore, divorce mediation tops the list of ways to obtain a divorce on your own terms and conditions, without harboring any bad blood in the end of it.

To learn more about the divorce process in California and how mediation can help, please visit our page, “What is Divorce Mediation.”

The Key Differences between Divorce Mediation, Collaborative Divorce, and Litigation

Posted by: Gerald A. Maggio, Esq.

Orange County divorce mediation; California Divorce MediatorsThe saying, “Till death do us part,” never really lives up to what it dictates with more partners opting for divorce courts instead of living happily ever after.  For those seeking to divorce when divorce is the only remaining option, such parties can choose to get divorced by seeking a divorce mediation, collaborative divorce, or litigation. These divorce methods are different from each other in these ways:

What is Divorce Mediation?

The pair who is splitting up hires a divorce mediator to help them establish a settlement agreement. The mediator doesn’t favor one party over the other, but works neutrally with both parties.

Advantages

  • Helps to maintain an cordial relationship with your partner even after the divorce
  • Children will not be caught in middle of a child custody battle in the instance you have kids
  • Speeds up the divorce proceedings
  • Less expensive
  • The partners make the decision and not the court
  • Lets two people handle the divorce in private

Disadvantages

  • If two people are not able to reach an agreement, some additional money and time will have been spent in the process
  • An inexperienced divorce mediator may be biased towards one partner
  • If the agreement is not drafted correctly or if legal problems arise, it can be challenged in court (which can be a problem if the mediator is not also an experienced divorce attorney)
  • The agreement may not be fair if one partner overpowers the other partner

What is Collaborative Divorce?

In order to avoid going to court, the separating partners can decide to go the route of collaborative divorce, which is a separate system where each party agrees to that system.  By doing so, each party is represented by a collaborative divorce attorney trained in collaborative divorce.  In addition, there is a financial professional involved that handles all of the financial disclosure work, and generally one or both parties also have a “divorce coach” involved, such as a therapist.  In other words, there can be at least 4 professionals involved in the collaborative divorce process.

Advantages

  • Provides the partners with solutions to reach an amicable settlement agreement
  • The process is meant to resolve cases peacefully out of court
  • The couple divorcing are in-charge of deciding what to do with their lawyers advising them along the way
  • Lets partners address a variety of issues unlike in court

Disadvantages

  • Unlike divorce mediation where there is generally just the divorce mediator involved, the collaborative divorce process involves multiple professionals, all of which must be paid for their services.  As a result, the collaborative divorce process is not necessarily a cost-effective way to resolve divorce cases compared to divorce mediation
  • If an agreement is not reached, the collaborative divorce attorneys will have to resign from the case and the partners will have to appoint new attorneys, as neither party can hire the same attorney

What is Litigated Divorce?

Litigated divorce is the most common divorce, as the two parties hire separate attorneys and fight in court on the issues of divorce such as child custody and the distribution of assets.

Advantages

  • Most common divorce procedure
  • Best for divorcing parties who cannot work together in resolving their disputes
  • The most appropriate procedure where domestic violence or abuse is involved

Disadvantages

  • It’s expensive and produces financial distress for the average divorcing family
  • If the partners have children, child custody battle could turn ugly
  • Often puts children in the middle of the divorce disputes and causes the most emotional damage to children
  • Tends to take the most time to resolve
  • Produces animosity, stress, and fuels further litigation
  • Results in court orders not worked out by the parties and which might not be as enforceable as a result

If you are located in Orange County or anywhere else in California, and are planning to get divorced, you should seek the assistance of a reliable California divorce mediator. For further information or to schedule a consultation with California Divorce Mediators, please call (949) 553-0911 or visit www.cadivorcemediators.com.  California Divorce Mediators is an experienced Orange County Divorce Mediation and Family Law firm serving the Orange County and Riverside areas and neighboring counties, serving individuals, couples and families with legal issues including divorce, legal separation, spousal support, child support and child custody issues.  As Orange County divorce mediators and Orange County divorce lawyers, we have the experience to help you decide if divorce mediation is a good option for you and your situation.

To learn more about the divorce process in California and how mediation can help, please visit our page, “What is Divorce Mediation.”

Posted on Friday, August 1st, 2014. Filed under California Divorce Mediation, California Family Law, Divorce, Divorce Mediation, Family Law, Mediation, Orange County divorce, Orange County divorce mediation, Orange County divorce mediators.
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4 Ways to Communicate Effectively with Your Partner During a Divorce

Posted by: Gerald A. Maggio, Esq.

Top Divorce Mediators Orange County; California Divorce MediatorsWhen two people decide to part ways, they may not be on speaking terms with each other, but may still want an amicable settlement that can be done efficiently and quickly without the intrusion of lawyers fighting a costly battle for the rights of their clients.

Whatever your issues are with each other, you need to put them aside prior to coming to the table and proceeding with divorce mediation in Orange County, California. In order to come up with an agreement that both parties are satisfied with, communication needs to be clear, unbiased, and free of emotion (albeit sometimes easier said than done). For divorce mediation to be successful, adopt the following ways to communicate effectively:

1.     Choose a Neutral Stance on Issues

When talking with a mediator, many hot button issues may come up such as child custody, who gets the house, and other financial issues. Either you can take on a stubborn and unwavering approach when addressing these issues or you can ask your partner’s input on the issue, come up with reasonable solutions, and come to an understanding agreed on by both of you.

2.     Listen to Your Partner

Ask your partner to voice up their concerns first before you share your input on it. By taking turns speaking and sharing views on certain issues, the mediator can make an agreement that is fair to both parties. While your partner is speaking, be sure to keep quiet and be attentive to what they are trying to communicate. Even if you do not agree with them, do not interrupt them mid-way. When it’s your turn to speak, they may do the same.

3.     Make Certain that You Fully Understand the Agreement

Neither of you want to be misunderstood while communicating your views. If your partner says something, ask them again to avoid confusion when the settlement agreement is drawn up. Remember to use a respectful tone when asking them to clarify their point. Do not jump on them about something you don’t agree with before hearing it the second time. If you give them respect, they will give you respect in return. Listen to them, ask them again, and only then agree on it.

4.     Present Your Views in an Objective Manner

Just like in a court of law where someone has to provide the judge with proof to prove their client’s innocence, you need to do the same during divorce mediation.  You want the issues solved rather than become bigger than they already are.

In order to do that, you need to present your views on issues objectively. Provide them with evidence to back up your claim. For instance, the issue to keep or sell the house should be dealt with by providing evidence from different real estate agents on the value of the house.

By incorporating this communication technique while negotiating with your partner on issues, you both will be able to agree on a settlement in a good-natured manner.

If you are located in Orange County or anywhere else in California, and are planning to get divorced, you should seek the assistance of a reliable California divorce mediator. For further information or to schedule a consultation with California Divorce Mediators, please call (949) 553-0911 or visit www.cadivorcemediators.com.  California Divorce Mediators is an experienced Divorce Mediation and Family Law firm serving the Orange County and Riverside areas and neighboring counties, serving individuals, couples and families with legal issues including divorce, legal separation, spousal support, child support and child custody issues.

To learn more about the divorce process in California and how mediation can help, please visit our page, “What is Divorce Mediation.”

Why Older Couples Above The Age of 50 Should Choose Divorce Mediation

Posted by: Gerald A. Maggio, Esq.

Divorce Mediators Orange County; California Divorce MediatorsWhat happens when couples at a later stage in their life decide to part ways? In most cases, they don’t have young children, but they do have assets they need to divide. Also, their children will still be left shocked knowing that their parents are planning to separate after spending a lifetime together. In short, getting divorced after 50 will not be any easier than getting divorced at a younger age. Therefore, couples over the age of 50 should choose a divorce mediator to guide them through this tough time.

A Divorce Mediator Will Make Things Easier

It is safe to assume that couples over the age of 50 have had several years to work on their marriage (apart from a few exceptions). If a couple, where both partners are over the age of 50, is getting divorced, there can be a number of reasons behind it. Maybe after years of trying to work on their marriage, they finally decided to throw in the towel. Maybe one party retired and stared spending more time at home, resulting in more conflict and more arguments than usual. No matter what the reason, the divorce has to be handled in a responsible way.

Although couples over the age of 50 may not have to worry about child support, they will have to be concerned about paying long-term spousal support, division of retirement funds, and property distribution. Such matters can turn ugly if they are not dealt with in a calm and professional way, and that is why involving a professional divorce mediator is a good idea.  Why spend the money that has been saved for a lifetime on court litigation when that money will be needed soon enough with the retirement years coming up in only a few years?

A Divorce Mediator Will Take Care of All the Legal Hassles

When people over the age of 50 file for divorce, the divorce mediator has to sort out through issues such as estate planning, taxes, health insurance, spousal support, division of liabilities and assets, and retirement benefits. If both or one of the partners is retired, the California divorce mediators have to deal with situations like deciding on who gives money to whom and how the assets will be divided amongst each other. Assuming that the couple has accumulated many assets over the years, dividing them can be complicated and difficult, and you need a divorce mediator to handle all the legal matters.

A Divorce Mediator Will Help You Reach a Peaceful Resolution

Whether you are in your 20s, 50s, or anywhere in between, no one wants to go through a messy divorce. Still, a lot of people are not able to handle their divorce in a mature way, mostly because they are dealing with strong emotions such as anger, depression, and heartbreak. Hiring the services of a California divorce mediation firm means that they are opting for a more peaceful dissolution of their marriage. The mediator creates a safe environment where they can communicate with each other and find out what each party wants.

Elder couples going through a divorce should seek the assistance of a California divorce mediation firm to help them reach an agreement that will not emotionally deprive them or their children. Divorce at any age is stressful and unpleasant, but going to a divorce mediator to sort out the financials can lessen the pain between two parties.

If you are located in Orange County or anywhere else in California, and are planning to get divorced, you should seek the assistance of a reliable divorce mediator. For further information or to schedule a consultation with California Divorce Mediators, please call (949) 553-0911 or visit www.cadivorcemediators.com.  California Divorce Mediators is an experienced Divorce Mediation and Family Law firm serving the Orange County and Riverside areas and neighboring counties, serving individuals, couples and families with legal issues including divorce, legal separation, spousal support, child support and child custody issues.

To learn more about the divorce process in California and how mediation can help, please visit our page, “What is Divorce Mediation.”

5 Tips on Choosing a California Divorce Mediator

Posted by: Gerald A. Maggio, Esq.

Orange County divorce mediation; California Divorce MediatorsGoing through a divorce is a tough time for everyone involved, and things tend to get ugly between the spouses more often than not. In order to avoid letting things get out of hand, couples going through a divorce should consider divorce mediation to make the divorce proceedings go smoothly. If you are going down this road, you need to choose the right divorce mediator that you both like, respect, and trust to negotiate the equitable settlement fairly without picking sides. Consider these factors when looking for divorce mediators in Orange County or anywhere else in California:

1. Make Sure the Mediator is Neutral

The divorce mediator should keep the interest of both parties involved in mind before drafting up a marital settlement agreement. The agreement is a legal document binding the two parties to the contract, which they would need to abide by. Furthermore, a good California divorce mediator will encourage you to take the agreement to a private divorce attorney for evaluation.

2. Ask them about the Cost of their Services

Filing for divorce means that it could cost you a lot of money. People choose a divorce mediator over a divorce attorney because it is a cost effective solution. A divorce mediator that charges you a flat fee for all the services the California divorce mediation firm provides is a good option, because it lets you and your soon-to-be-ex partner know in advance about the money it will cost both parties. The other option is that the divorce mediator will charge by the hour.

3. Ask them about their Previous Experiences

Financial concerns are the biggest hurdle in divorce proceedings. A good divorce mediator should be able to provide divorcing couples with good advice on issues such as property, children, and money. They need to have extensive experience in dealing with sensitive issues such as this.

The divorce mediator should be able to analyze everything from household budget to identifying tax issues that may arise during divorce. In regards to parenting, you may need to employ a parenting mediator who has dealt with child custody battles in the past and has been able to resolve them.

4. Meet them and make sure they are Compassionate

The divorce mediator should exhibit genuine concern in solving the couple’s financial woes and making sure the couple divorces on amicable terms. They should be concerned about the well-being of your family and the emotional toll it will take on the children (if you have any). You will need to meet and talk to the divorce mediator in person or over the phone to judge if they have this quality.

5. Ask them for Initial Advice About Mediation Options in the First Meeting

The whole point of hiring a divorce mediator is for the divorcing parties to remain on good terms with each other. Therefore, the divorce mediator should ask the couple if this is what they want and if they are sure that they want to take this course of action to end their marriage. If the couple hesitates to give an answer, the divorce mediator may direct them to seek marriage-counseling, couple’s therapy, or a divorce coach. If the divorce mediator looks more interested in expediting the process even though there might be a chance for reconciliation, you should keep looking.

If you are located in Orange County or anywhere else in California, and are planning to get divorced, you should seek the assistance of a reliable divorce mediator. For further information or to schedule a consultation with California Divorce Mediators, please call (949) 553-0911 or visit www.cadivorcemediators.com.  California Divorce Mediators is an experienced Divorce Mediation and Family Law firm serving the Orange County and Riverside areas and neighboring counties, serving individuals, couples and families with legal issues including divorce, legal separation, spousal support, child support and child custody issues.

To learn more about the divorce process in California and how mediation can help, please visit our page, “What is Divorce Mediation.”

College Tuition and Expenses Can Be Important Topics Negotiated In Divorce Mediation

Posted by: Gerald A. Maggio, Esq.

Orange County divorce mediators; California Divorce MediatorsThere will be many important decisions affecting your family that can generally discussed and negotiated amicably during  a typical divorce mediation.  For those parties with children in middle school or high school, one important issue that at least one party generally wants to address is how the parties will pay for future college costs for the children.  Most parties expect that their children will need to attend college in order to advance in their lives, and the increasingly higher and higher college expenses is often an issue of concern for divorcing parents.

It should be pointed out that there is no legal requirement to pay for college tuition or related expenses for a child under California law.  However, most parents recognize the obvious importance of their children receiving a college education and degree.

So at California Divorce Mediators, we assist with providing options and ideas so that informed decisions by the parties can be made.  Those options can include splitting such college expenses equally or in proportion to the parties’ relative incomes, or one parent can agree to assume the full costs if that makes sound financial sense, as well as alternative financing options.  In the mediation setting, such topics can be freely discussed, with the best interests of the family in mind.  After all, at the end of the day, most parents want what is best for their children, to the best of their financial ability to do so.

The bottom line is that there can be definite benefits to including the issue of payment of college expenses as part of a divorce settlement agreement. For further information or to schedule a consultation with California Divorce Mediators, please call (949) 553-0911 or visit www.cadivorcemediators.com.  California Divorce Mediators is an experienced Divorce Mediation and Family Law firm serving the Orange County and Riverside areas and neighboring counties, serving individuals, couples and families with legal issues including divorce, legal separation, spousal support, child support and child custody issues.

To learn more about the divorce process in California and how mediation can help, please visit our page, “What is Divorce Mediation.”

DIVORCE MEDIATION IS BETTER THAN PAYING A DIVORCE ATTORNEY TO WAIT IN COURT AND RISKING NOT BEING HEARD! 

Posted by: Gerald A. Maggio, Esq.

Top Orange County Divorce Mediator, California Divorce Mediators

Posted By:  Gerald A. Maggio, Divorce Attorney & Mediator

One of the most important things that anyone contemplating or going through a divorce needs to understand is that the current family court system in California is overwhelmed with cases while also dealing with a shortage of funding.  As a result, there are simply not enough judges to handle the number of divorce and family law cases.  The Orange County family law court is estimated to be short at least 8 judges based on the volume of cases that exist.  In addition to that reality, it is important to know that under California state law, domestic violence/restraining order cases have to take priority over all other cases, so those cases have to be heard first on your day of trial.

What does that mean to you as a party in a divorce case?  As a divorce attorney in Orange County, I think the best way to really illustrate the problem is using one of my Orange County child custody cases.  We started trial in our case in the summer of 2013.  After the first day of trial that summer, the next court date that the judge was able to give us to continue our trial was in November 2013, i.e. 3-4 months later.  Day 2 of trial led to Day 3, which did not happen until March 2014.  Unfortunately, since we were only getting 2-3 hours at a time for each trial date, the trial was not completed in March 2014, and so we were given a 4th trial date for July 2014.

The parties and their counsel were going to be able to have at least 2 hours at the July 2014 trial date to continue and hopefully complete their case.  Unfortunately, with the court having double or triple- scheduled other cases for trial for most court dates, we were unable to be heard at all at our trial date after having waited approximately 7 hours in the courtroom!  Any divorce attorney generally has to bill you for that time in court, so a party can easily spend anywhere from $2,000-3,000 for a court appearance where nothing was able to get done.

Wouldn’t you rather spend your money on mediation where YOUR case is the only focus and where actual progress can be made to resolve your case?  Even if your spouse is difficult to deal with, he or she should see the benefit of mediation outweigh spending $4,000-6,000 between the two of you just for one hearing that actually was never able to get in front of the judge and had to be continued, sometimes on several occasions.  In this case, while my client was always amenable to mediation, the other party was not and as a result, we have had to litigate this case.  Courts and litigation should always be a last option.

For more information about California Divorce Mediators or to schedule a consultation, call (888)258-8383 or visit www.cadivorcemediators.com.

To learn more about the divorce process in California and how mediation can help, please visit our page, “What is Divorce Mediation.”

Texting Your Ex And How Technology Has Changed How Divorced Parents Communicate

Posted by: Gerald A. Maggio, Esq.

Top Orange County Divorce Mediator; California Divorce MediatorsBy:  Gerald Maggio, Esq.

Email and texting has become an increasingly more common way for everyone to communicate but these options for communication have literally revolutionized how divorced parents can communicate with each other. Following a divorce, some parents cannot communicate with each other face-to-face without getting into a heated battle. Even a telephone conversation can be filled with emotional outbursts.

On the contrary, a simple text message letting a parent know the other parent is running late to pick up the kids can be just the simple message it was intended to be and nothing more.

Another recent development is online calendars which have also made co-parenting much more effortless for families. From Google calendars to other types of cloud-based calendars as well as outlook, parents can create a shared calendar to keep track of kids’ activities as well as pick-ups and drop-offs. Most of these online shared calendars are free. One online program called “Our Family Wizard” helps parents not only track calendars and kids’ activities, but it also allows parents to track and document expenses or medical information. The program also provides a place to securely store documents both parents might need. There is a fee for the Family Wizard and there are various levels of pricing depending on what options a family chooses. The program even allows one parent to pay the other parent’s fee if one parent cannot afford it.

Some parenting experts warn that the increased use of technology to communicate may actually do more harm than good. They argue that the lack of face-to-face communication can lower parents’ ability to talk to each other effectively. Sometimes an issue cannot be properly addressed in a text message or email. If a child needs medical attention, or is having trouble in school, parents may need to discuss the background of the issues and the possible options moving forward. Parents who do not have the communication skills for day-to-day communication may not be able to handle the communication skills to handle more serious circumstances.  So although technology advances help in some regards, it should never replace face-to-face communications that parents need to accept and deal with for the sake of their children as part of their responsibility to co-parent.

The other danger of using technology to communicate is sometimes people are willing to say things in an email or text message they might not otherwise say to someone in person. Emails and text messages may be nastier or may be more accusing than a face-to-face conversation because it is easier to make accusations when you are not looking someone in the eye. The fact that there may be a record of the exchange, some people just don’t have the self-control to reel in their emotions in a text or email communication.  Always think before you press “send.”

Generally speaking, parents who take advantage of technology to communicate are more likely to communicate regularly and communicate directly rather than through their children which lowers stress on children as well as on the family as a whole. Parents can also communicate more effectively with their children through the use of texting or skyping if parents are out of town. Of course nothing can take the place of face-to-face time with our children, but regular communication makes both parents and children feel like they are part of each other’s lives.

For further information or to schedule a consultation, please contact California Divorce Mediators at (949)553-0911 or at www.cadivorcemediators.com.

To learn more about the divorce process in California and how mediation can help, please visit our page, “What is Divorce Mediation.”

Who Gets The Dog In A Divorce?

Posted by: Gerald A. Maggio, Esq.

Top Orange County Divorce Mediators; California Divorce MediatorsBy:  Gerald Maggio, Esq.

If you don’t have a pet, you might not understand how important and difficult this question can be but if you have ever felt the special bond between a person and a pet, you can imagine how custody issues of pets can be difficult in a divorce. When spouses with children divorce, the court determines whether the parents will have joint custody or if one parent will have sole custody. Courts also provide parenting time schedules for children so both parents have parenting time with the children.

The overriding factor in custody and parenting time decisions is the best interests of the child…not the best interests of the parents. Focusing on the best interests of the child makes custody decisions easier for parents and courts alike because there is enough research on what is best for children in many different situations. If the court were to treat pets like children, they would have to determine what is in the best interests of the pet and that is not something courts are likely to do because court resources are in high demand for more pressing matters. As far as the best interests of the pet, pets are generally fine as long as they have food, water, shelter, perhaps a walk, and someone to give them attention.

Just as not all parents are married, not all pet owners are married either. Roommates, partners, friends, and family might get a pet together and when they go their separate ways, the pet owners may not agree on who should have custody of the pet. For all these situations, courts do not have a process by law to award custody. Some individual courts have made rulings for custody of pets but generally speaking those decisions were left up to the court’s discretion and were not really based in state law.

Pets Are Property

Interestingly, pets are considered property by law so they are treated like property in a divorce. Property includes real property (a house) as well as items such as furniture, electronics, and jewelry. When dividing property, spouses generally each receive property of equal value. One spouse might get the big screen TV while the other spouse might get the china and glassware which has the same value as the TV. How do you put a dollar value on the family pet?

While courts will not typically decide issues regarding pets (there really aren’t any laws for courts to follow regarding pets in divorce) individuals can stipulate their own agreement in regard to family pets. Families with children sometimes decide that the pet should be where the children are. In those cases, the pet follows the same parenting time schedule that the children follow. In some cases, just like property, one spouse might negotiate a deal where he keeps the pet and he offers other types of property in exchange for the pet.

Are You A Dog Lover?

In a survey by the APPA National Pet Owners Survey 62% of households in the United States owned a pet (72.9 million homes). The health benefits of owning a pet are well-documented as pets provide security, companionship, a reason to exercise, and can even lower a person’s blood pressure simply by their presence. People form very special bonds with their pets and particularly in divorce cases where there are no children; the pet can be one of the most valued relationships the divorcing individuals have.

For further information or to schedule a consultation, please contact California Divorce Mediators at (949) 553-0911 or at www.cadivorcemediators.com.

To learn more about the divorce process in California and how mediation can help, please visit our page, “What is Divorce Mediation.”

Is My Spouse Entitled to My Inheritance In Our Divorce?

Posted by: Gerald A. Maggio, Esq.

Orange County Divorce Mediators; California Divorce MediatorsBy Gerald Maggio, Esq.

In California, assets and debts that are acquired during the marriage are generally community property, meaning that each party is entitled to one-half of such assets (or responsible for one-half of such debts).  One MAJOR EXCEPTION to that principle of law is inheritance.  If a spouse inherits money or other assets from family or others, such assets are considered to be that spouse’s separate property, and would not be divided in a divorce.

However, it is highly important to know that you must have segregated such monies and/or assets in a separate account in your own name.  In other words, let’s say that you inherited $100,000 from your grandmother.  You received a cashier’s check for such monies in your name through her estate.  If you were to deposit that check into a bank account in your own name and it existed at the time of separation/divorce, it would be hard for any court to determine that it was anything but that spouse’s separate property.  On the other hand, if you were to have deposited that check into the joint checking account with your spouse and some or all of the funds were spent on various expenses and splurges, etc., you likely have a limited ability to claim any of those spent funds without proof and dependent on what you spent the money on.  You may have a claim for any remaining monies in the joint account assuming that there was not a valid transmutation into community property pursuant to Family Code section 852, which imposes certain requirements on marital transmutations, including that a transmutation “is not valid unless made in writing by an express declaration that is made, joined in, consented to, or accepted by the spouse whose interest in the property is adversely affected.” there is arguably a transmutation of those funds into community property by way of the deposit into the joint checking account.

In plain English, you will save a lot of headache, legal fees, and expert fees spent tracing the funds into and out of any joint account by simply keeping any inheritance segregated in your own account in your own name from the moment that you receive such inheritance.  If you do want to use such monies for joint purposes in the future, consider a transmutation agreement with your spouse.  For more information or to schedule a consultation, contact California Divorce Mediators at (949) 553-0911 or at www.cadivorcemediators.com.

To learn more about the divorce process in California and how mediation can help, please visit our page, “What is Divorce Mediation.”