Roseville Family Law Blog

One of the most contentious issues in divorces involving wealthy couples is the valuation of joint property. Even in a community property state like ours, where joint assets are divided equally, many assets may require a valuation to ensure the equal division required by law. In the past, common practice dictated that each spouse hire an appraiser to provide expert testimony on the value of real property, business interests and uniquely valuable assets, such as works of art. A new trend is now emerging: the use of joint appraisers.

The concept is simple and the potential advantages are many. The divorcing spouses agree to hire one appraiser to value a particular asset such as a wholly owned small business. The spouses agree on which appraiser to hire, and they also agree to split the appraiser's fees and expenses. The spouses then exchange information and provide the same information to the appraiser. The appraiser then presents an opinion on value that both spouses have agreed to accept.

One the most vexatious post-divorce issues is enforcing an order for child support when one or both of the divorced parents has moved to another state. Fortunately for California residents facing this problem, the state has enacted the Uniform Interstate Family Support Act (UIFSA), a law that significantly eases the problems of enforcing a support order in another jurisdiction that has adopted the same law. The law was adopted by California and the other 49 states in response to passage of an amendment to Title IV-D of the Social Security Act.

A person who obtained a valid order from a California superior court requiring the payment of child support can ask the court to send a request to the court having personal jurisdiction over the payor spouse requesting issuance of an order for support. When the court that receives the request issues its own support order, that order then becomes enforceable against the payor parent. The payee parent can use the collection mechanisms in the state where the payor spouse resides. These mechanisms usually include wage garnishment and judgment liens against real property.

Cell phones and social media have become part of daily life in Sacramento. People routinely send their friends pictures of children, pets and notable events in their lives. Even the stress of going through a divorce does not have much effect on how people use social media, but perhaps, it should. The thoughtless transmission of personal information on Facebook, Twitter and the many other forms of social media can have a damaging effect on a contested divorce.

One of the largest pitfalls of using social media is the creation and preservation of evidence that may help the other side. E-mails and text messages are admissible in evidence, and they can be obtained by subpoena. The transmission of vacation pictures at a luxurious resort may cripple the argument of a person who claims to have a low income job to avoid being saddled with high alimony or child support payments. Pictures of a new car could have the same effect.

If you regularly use social media, chances are you will keep logging on during your divorce. But be careful–what you post on social media may become part of a court document. Emotional outbursts or angry comments may be used against you in your divorce proceedings. 

You should carefully consider limiting your social media activity until your divorce is over. If you cannot keep yourself away, here are some guidelines for using your social media accounts while you are ending your marriage.