Sacramento Family Law Blog

When divorcing couples in Sacramento think about dividing their property, they believe that property can be divided into two classes: marital property and separate property. Marital property is divided 50/50 between the spouses, while separate property belongs to the spouse who owned it prior to the marriage. But, sometimes, property division can be complicated by the commingling of assets. What exactly is commingled property?

Commingled property is property that was separately owned before the marriage but was invested in an asset that provided income or appreciated in value during the marriage. The income or appreciation in value produced by the separate asset during the marriage is commingled property and is treated as community property, that is, the income or appreciation in value is divided equally. The asset itself remains the separate property of the spouse who owned it before the marriage.

The emotional status of children is a crucial issue in many California divorces. If the mental health of a child is disputed by the parents or if the court has other reasons to inquire, the court may order a child custody evaluation. Judges use the evaluations to assist them in determining the "health, safety, welfare and best interest of children with regard to disputed child custody and visitation issues."

The evaluation uses a court-appointed investigator, who can be a probation officer, a domestic relations investigator or other evaluator chosen by the court to conduct the evaluation and report the findings to the court. The scope and nature of the evaluation is usually defined by the court in the order that requires the evaluation. The evaluator's final report is filed with the court and served upon the parties or their attorneys and upon any independent counsel representing the child.

California law requires parents involved in a divorce to submit a jointly drafted parenting plan to the court. Working out a child custody and visitation plan can be an arduous task for one or both parents. Regardless of the effort invested by the parents, such a plan can be rendered useless if the custodial parent decides to move to another city or another state and take the children along. What happens then?

The answer depends upon several factors. Most important is the type of custody awarded by the court in the divorce proceeding. A parent who has been awarded sole physical custody (or primary physical custody) generally has the right to move away with the children unless the other parent can demonstrate that such a move would harm the children. If custody is joint, neither parent can move and take the children if the other parent objects. The parent who wishes to move can overcome such an objection by showing that the move would be in the best interests of the children.

When it comes to divorce in Sacramento area, the more money and property involved, the more challenging the separation process. Many high-value couples do not realize that the moment they file their divorce papers, their situation becomes public. Privacy can be a very valuable commodity if you want to keep friends, neighbors, colleagues and even strangers from knowing about your marital assets and divorce details. 

Because high-asset divorces often end up turning into long, contentious and bitter court battles, you might want to consider mediation.