Roseville Family Law Blog

Many residents of Sacramento County have heard the phrase, "the devil is in the details." The exact meaning of the phrase often remains obscure until a person goes through a divorce involving custody of minor children. Whether parents agree or disagree on which of them will have custody of the children, the details that must be settled either by agreement or court order are numerous. The failure to give proper consideration to one or more of these details can derail even a well-intentioned parenting plan.

Many divorcing couples opt for joint custody of the children because they know that children fare better if both parents are involved in their lives. Sometimes, however, a failure to understand the basic mechanics of joint custody can lead parents to make wrong choices for themselves or their children. Child custody means either legal custody or physical custody. Legal custody refers to the parental right to make decisions for children in the areas of education, health care, general welfare and religion. Physical custody refers to the parent with whom the children will live.

When a couple in Sacramento County decides to end their marriage, the issue of spousal support can be troubling to both parties. Generally, the court will order the higher earning spouse to pay alimony (or "spousal support") to the lower earning spouse. This generality has been modified by the California legislature to include a list of several factors that they must use in calculating both temporary and permanent spousal support. Sacramento County courts use the "Santa Clara method" for calculating temporary support: 40% of the high earners net income (less child support) minus 50% of low earner's net income.

The factors include the length of the marriage, the age and health of each spouse, the standard of living that the couple enjoyed during their marriage, each spouse's earning capacity, each spouse's ability to contribute to maintaining the standard of living they enjoyed during their marriage, whether one spouse helped the other obtain an education or career training and whether the income of one spouse was lowered by the duties of child care. Other issues that may have an impact on support are the tax impact of paying or receiving support and whether either spouse was guilty domestic abuse toward the other spouse or other family members.

Most residents of Sacramento who are thinking about ending their marriage may think they can go through the process alone with minimal professional help, but this might leave them at a disadvantage. Experts, such as a forensic accountants, can be very helpful during the divorce profess. This branch of the accounting profession is not well known, but an expert forensic accountant can be an essential part of a winning divorce team.

Forensic accountants specialize in analyzing, evaluating and testifying in court about financial matters. In a high asset divorce, they can offer testimony about the identification of marital assets and liabilities, the value of minority shares or a controlling interest in a business and future income projections of small businesses. Forensic accounting firms are frequently retained to perform an overall evaluation of a couple's properties and to prepare a report that the court can use in dividing personal property.

Marriages are generally regarded as times of celebration and optimism toward the future. Why spoil these good feelings with the suggestion that the couple execute a premarital agreement? Don't such agreements deal with the consequences of divorce, not marriage? And don't prenuptial agreements, by their very nature, conflict with the emotions that have led to the decision to marry? While the answers to the last two questions may seem like a "yes," premarital agreements can promote marital stability and happiness by eliminating questions about the division of property in the event of a divorce.

The requirements for a binding premarital agreement in California shed light on how this goal can be achieved. First, the agreement must be in writing and signed by both parties before the wedding takes place. Second, both parties must make complete financial disclosure to the other party at least seven days before the agreement is signed. Both parties should have the agreement reviewed by their own attorney, and each must sign the agreement voluntarily. A showing of duress by one party can invalidate the agreement.