Santa Rosa Family Lawyer Blog

Private investigation firms have long offered divorce assistance as a primary service. However, these services can be very expensive and can even cost more than the legal fees associated with filing for a divorce. Because filing for a divorce often comes with financial strains, many individuals who would like to hire a private detective to spy on their spouse, simply cannot afford to do so.

SPYING ON YOUR SPOUSE IS EASIER THAN EVER
However, in recent years more and more information is communicated through email, smartphones, and social media. In fact, a recent survey by the American Academy of Matrimonial Lawyers found that 92 percent of lawyers had observed increases in evidence from smartphones over the past three years. The information gathered from smartphones included text messages, emails, call histories, and GPS location information.

In addition, according to a recent Wall Street Journal article, spyware that was once only accessible to governments and corporations are now cheap and readily available to the general public. According to the article, companies selling GPS trackers, nanny cams, and other spy gear reported significant increases in sales. For example, BrickHouse Security reported that sales of its GPS tracker have nearly doubled each year, for the past three years. Another company, SpygearGadgets.com, said sales of their GPS tracking devices had increased 80 percent in 2012 and their nanny cams and hidden camera sales rose 40 percent.

A CALIFORNIA DIVORCE ATTORNEY CAN HELP YOU MAKE THE RIGHT DECISION

An individual who is considering filing for a divorce may want to spy on their spouse in order to obtain various kinds of evidence. Spying may reveal evidence of:

• Hidden assets
• Infidelity
• Neglectful or abusive treatment of children

However, just because it is easier than ever to obtain evidence for a divorce case by spying on a spouse, doesn't mean it is the best approach in every circumstance. An attorney can help an individual who is considering filing for a divorce to determine what evidence will be helpful and the best way to go about obtaining the information.

For instance, an individual who is considering filing for divorce may want to know whether their spouse was unfaithful during the marriage. But, this information is typically irrelevant to a divorce proceeding in California. Under California law, all divorces are considered "no fault" divorces. The individual seeking a divorce does not have to prove that their spouse did something wrong. In addition, the court will not penalize a cheating spouse by awarding them less property or requiring them to pay more support.

In addition, the privacy laws surrounding spying on a spouse are currently in flux and not clearly defined. Overzealous spying can subject an individual to stalking, wiretap, cybercrime, and trespass laws, as well as civil suits. Therefore, it is important for anyone who is considering spying on their spouse to consult with an attorney who will be able to navigate this emerging area of law.

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According to the American Bankruptcy Institute, in 2011, there were a total of 1,362,847 personal bankruptcy filings across America. Of these personal bankruptcy filings, 232,593 were filed within the State of California.

There are many factors that can lead to bankruptcy including: medical expenses, job loss, uncontrolled spending, unexpected disasters, and divorce. The divorce process comes with significant financial burdens. Typically, both partners will incur sizeable legal fees and will have to maintain separate households. In addition, the division of marital assets and child support and/or alimony obligations can impact an individual's financial health when a marriage dissolves.

For example, last year one of the lead attorneys responsible for securing a $660 million settlement in a clergy abuse case in Los Angeles filed for bankruptcy. He cited legal bills associated with his divorce, totaling nearly $8 million, as the primary reason for filing bankruptcy. The five-year legal battle between the attorney and his former wife centered around her entitlement to half of his $13 million earnings from the settlement.

CALIFORNIA FAMILY LAW ATTORNEYS CAN HELP

You should consult with a Family Law Attorney immediately if you are seeking a divorce, and your former partner is considering or has filed for bankruptcy. You may have certain legal obligations or entitlements related to your former partner's bankruptcy filing. An attorney can advise you on how your partner's bankruptcy filing may impact you.

Given the mounting financial pressure that comes with the divorce process, it is not uncommon for one or both partners to file for bankruptcy to avoid payment of individual debts, community debts, and other financial obligations they may not be capable of meeting.

DOMESTIC SUPPORT OBLIGATIONS

In 2005, the Federal government enacted the Bankruptcy Abuse Prevention and Consumer Act. The purpose of this new law was to prevent former spouses from filing for bankruptcy in order to avoid paying child support and/or alimony obligations. Under the new law, domestic support obligations such as child support and alimony are considered priority claims that cannot be discharged during bankruptcy. Therefore, if your former partner has a child support or alimony obligation to you, it will either be paid in the bankruptcy or survive as a debt to you.

PROPERTY SETTLEMENT DEBTS

In addition, under the Bankruptcy Abuse Prevention and Consumer Act, property settlement debts are non-dischargeable in a Chapter 7 bankruptcy. However, this type of debt remains dischargeable if your former spouse files for a Chapter 13 bankruptcy.

CREDIT CARD DEBT

California is a community property state. In a community property state, property acquired during the marriage is owned by both partners, and debt acquired during the marriage is owned by both partners as well. This is true even if your name is not on the debt. Therefore, if your former partner files for bankruptcy and does not pay their credit card debt, the lender can seek payment from you. This is the case even when your former spouse agrees to pay the debt during divorce settlement negotiations, because lenders do not recognize divorce court orders.

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Dividing Retirement Accounts in a Divorce

How does a couple going through a divorce go about dividing retirement accounts in a community property state? California is a "community property" state which has critical implications on how all property is divided in the event of a divorce. Essentially, in states with general legal rules like ours, all property acquired during a marriage or earned while the partners were married is deemed owned by both--it is "marital property."

This idea seems simple enough for major assets--like house or a car--but what about more unique items, like retirement accounts? As a general rule, in most situations, vested retirement account benefits (those that are already earned) are considered community property and shared during divorce. It is important to understand that this is different than other forms of payments which are not split this way. For example, many government benefits, like worker's compensation or social security, are not divided up between couples in a divorce.

Understanding how retirement accounts might be divided up and used following a divorce requires first appreciating the difference between different plans. Most notably, a retirement plan either has "defined benefits" or "defined contributions." As the name implies, the defined benefit plan comes with a guaranteed monthly payment (benefit). This is different than a defined contribution plan which does not have a specific payout but is instead based on the contributions that you (the employee) and/or your employer put into the account. In general, defined contribution plans are becoming more and more common, because they come with less locked-in obligations in the long-term and are cheaper for most involved.

Defined Benefit Plans
By far the most common defied benefit plan is the traditional pension. With a pension, in most cases, at retirement age a beneficiary receives a set monthly payout. These may prove complicated in the midst of divorce, because there is not necessarily a set value sitting in some account to split. Yet, in most cases a value of the pension will be ascertained and split to the best of the court's ability.

Defined Contribution Plans
A 401(k) plan is one of the more common defined contribution plans. Many local residents may have one of these. In most cases this plan is administered by an employer and involves agreement for a certain amount of contributions from both employer and employee each pay period. Federal rules limit contributions to $15,000 per year. In divorce the total amount in the 401(k) can be divided between spouses. However, it is critical to understand how early withdrawal, prior to retirement, results in a tax bill and potential penalties.

A 403(b) plan is like a 401(k) plan but its use is limited to certain entities. Only various governments, nonprofits, ministers, and others can take advantage of this option. Perhaps the most unique feature of these accounts is that there are limits on what investments can be made and even how many investment changes can be made. Rules allow one to contribute slightly more than in a 401(k) for these--up to $17,000 per year.

Finally, a defined contribution plan that most are probably familiar with is an Individual Retirement Account (IRA). IRAs are usually opened with a traditional financial institution, like a bank. Compared to 401(k)s and 403(b) plans there may be more flexibility in accessing these retirement accounts (with a penalty). Like the above plans, during divorce, an IRA account can be drained and split between spouses.

In many cases, retirement benefits are significant, and there is no other option but to take them out and split them. But, there are alternatives. For example, if one wanted to maintain an account intact, it might be possible by offering the other spouse alternative assets to offset the value of the retirement account. It it important to speak with an experienced divorce lawyer for help with these issues.

Division of debt in divorces is all part of a division of assets. Throughout a marriage, many couples acquire so many possessions, many of which have significant emotional value, and spouses wish to ensure that they retain the items dearest to them. Unfortunately, marital debt is also marital property and must be equitably divided during the divorce process. Particularly since the economic downturn in 2008, more and more divorcing spouses have to deal with extensive debt issues.

Divorcing spouses have two different options when dealing with debt during a divorce: pay off all of their debt prior to filing for divorce or dividing the debt. In most cases, divorcing spouses are not able to pay off all of their debt prior to divorcing, or they likely would have already paid it off. As a result, most divorcing spouses must determine the best and most appropriate way to divide the marital debt.

A divorce court will typically look at who incurred the debt and who benefited from the debt, to help determine who should be responsible for paying off the debt. For example, if one spouse purchases an expensive set of golf clubs with a credit card and uses those golf clubs every weekend to play golf, then it makes sense for that spouse to be responsible for paying that debt. As a general rule, only marital debt, acquired during the marriage rather than before the marriage began, will be divided by the court. Additionally, since California is a community property state, spouses are equally responsible for debt acquired during the marriage, no matter whose name the debt is in.

In almost every case, it is recommended that you request a credit report before you file for divorce or, at the very least, immediately after filing your divorce papers. The credit report can provide you with a great deal of information about your debts, including the status of your accounts, when they were opened, when they were closed (if applicable), and who is responsible for the debt. Your credit report could also remind you about old accounts that were never properly closed, which may be very important during the divorce proceedings if they are joint accounts.

Depending upon the circumstances, bankruptcy may need to be considered to deal with mounting debt issues. Depending upon the circumstances, one spouse may file on his or her own, or the couple may file jointly prior to finalizing the divorce. If most or all of the debt is in one spouse's name, then it may be best for that spouse to individually file for bankruptcy. A couple may only file jointly for bankruptcy if they are still married, so once the divorce becomes finalized, a joint filing is not permitted. However, even if a couple is still married, a joint bankruptcy may not be possible due to conflicts of interests if they have already filed for divorce. It is important to remember that a bankruptcy will not discharge child support or spousal support obligations. In addition, Chapter 7 bankruptcies do not discharge any court-ordered obligations, but a Chapter 13 bankruptcy filing may still discharge such obligations.

In California, the property acquired or earned by either spouse during the marriage, is considered community property. California law mandates an equal split of community property (division of property). While many people are aware that items like houses, cars and other physical property must be divided during a divorce, they forget about life insurance. Life insurance can be a community asset, which is divided based upon the type of coverage.

Term Life Insurance
Term life insurance gives the policyholder coverage for a proscribed period of time, specified by the specific policy terms. Term life insurance tends to be the least expensive type of coverage available, since it will only cover the holder for a limited period. In addition, the premium only pays for the insurance policy. Once the term ends, the holder may renew the policy, but the premiums tend to increase with each renewal, as the policyholder ages.

Permanent Life Insurance
Permanent life insurance tends to be more expensive than term life insurance, because it covers the holder for their entire life, provided they continue to pay the premiums. Most permanent life insurance policies have a set premium that will not increase over the life of the policy. The premium paid is actually greater than the cost of the insurance policy, so the insurance company will often invest the extras. Permanent life insurance offers the possibility of dividends and interest earned from the extra money that is invested. The policy holder may elect to invest the extra income, borrow against case value of the policy, or terminate the policy to receive the cash surrender value.

A person seeking permanent life insurance has several options:

Whole Life Insurance
A whole life insurance policy allows the policyholder to receive coverage during their whole lifetime, provided they continue to pay the premiums. The excess payments from the premiums continue to build as the policy goes forward. A policyholder may then borrow from the cash reserve or later surrender the policy and receive its cash value.

Universal Life Insurance
Universal life insurance provides a more flexible approach than traditional permanent life insurance. Universal life insurance allows a policyholder to change the amount of their insurance, adjust their death benefit, and, accordingly, adjust their premium payments. Universal life insurance policies cost less than a typical whole life insurance policy. Policyholders still retain the ability to borrow or withdraw money from the cash reserve.

Variable Life Insurance
Variable life insurance policies involve the investment of a policyholder's cash reserve into stocks, bonds, and other securities. A variable life insurance policy's death benefit is based upon the performance of the policy holder's investments. Typically, the insurance company will guarantee a minimum return.

Variable Universal Life Insurance
Variable universal life insurance allows a policyholder to change the amount of their insurance coverage, thereby changing both the premium payments and death benefit. It also allows the policyholder to invest the excess money from their cash reserves.

Single Premium Life Insurance
Single premium life insurance policies require only one, up-front premium payment. Once the one-time premium is paid, the policy accumulates cash value and will distribute its proceeds to the policy's beneficiaries.

Survivorship Life Insurance
Survivorship life insurance policies are single policies that cover two people for one insurance benefit. The policy pays out onoly after both of the policyholders die.

Typically, a term life policy is not community property, since its duration is so short, and would not be divisible in a divorce proceeding. However, any whole life policy that accumulates cash value can be treated as community property. As a result, if the policy is considered community property it will be considered divisible during the divorce proceeding.

Business valuation in divorce cases and the distribution of marital property in many divorces can be complicated and the source of much frustration, anger, and contention for both parties. The process is even more complicated if the divorcing couple's community property includes interest in a business. The business interest will often be the most valuable part of the divorcing couple's community property. In addition, the business interest may generate profits and salaries for one or both of the divorcing spouses. The business interest is a part of the community property and, as such, must be divided as part of the divorce. In order to properly divide the community property, the business's value must be determined.

The valuation of a business is not a simple tax, and the use of a professional business appraiser is almost always required. There are several methods to determine business value, and the appraiser will typically select the most appropriate valuation method according to the type of business in question and the information available. Valuation methods fall into three categories: asset approach, income approach and market approach.

Asset Approach
The asset approach determines the business' value by using one or more methods based on the value of the assets minus any liabilities. The asset approach initially seems very simple, however, there are a number of complicating factors. For example, the value of property and equipment can, at times, be difficult to ascertain because their value is not always the equivalent of book value. In addition, assets like goodwill and intellectual property are notoriously difficult to value, because they are intangible. The asset approach is typically relied upon when the business is an investment or holding company, or with very small businesses or professional practices where there is little or no goodwill.

Income Approach
The income approach determines the value of the business using one or more methods that convert anticipated economic benefits into a present single amount. The income approach is the most widely used method for valuing small, privately held businesses. In reaching a business valuation, the expert will collect and review the business' historical financial data, in an attempt to estimate future business earnings. The valuation expert will attempt to determine the future income, along with the risk that the projected income will actually be received.

Market Approach
The market approach determines the value of the business by comparing the business to similar businesses that have been sold. The market approach is very similar to the method used by real estate agents when valuing homes. The difficulty with the market approach lies in finding data about other comparable business sales in the same geographic area. In fact, most businesses being valued are small, privately held businesses, while most transactional information available relates to large publicly held companies, with significant differences in size, sales, profits and geographic location.

Prenuptial agreements, or premarital agreements as they may also be called, are contracts entered into before a marriage to establish the property rights of each spouse in the event of a divorce. A prenuptial agreement is most common where one or both spouses are wealthy, but they can also be used to protect a family business or to serve other important functions. For example, prenuptial agreements can protect a party from assuming the debts of the other party, determine how property will be passed upon death, clarify financial rights and responsibilities during a marriage or avoid long, costly disputes during divorce proceedings.

Without a prenuptial agreement, California law determines how property is divided during marriage and after a marriage ends. Generally, a spouse is entitled to share and receive ownership of property acquired during the marriage, receive some of your property upon death, share in any debts acquired during the marriage, and share in the responsibilities in managing property acquired during the marriage.

The decision to enter into a prenuptial agreement is one that every couple should make individually, as every situation is unique. Many couples fear that discussing a prenuptial agreement, or the issues that the prenuptial agreement will cover, may cause problems in the relationship. However, often the opposite is true. One of the main reasons couples divorce is finances, and a prenuptial agreement will allow a couple to discuss those issues prior to marrying.

There are some downsides to a prenuptial agreement. Depending on your relationship, it may take some of the romance and excitement out of the wedding and its preparation. Sometimes, the beginning of a marriage is not the appropriate time to discuss prenuptial agreement issues because you and your future spouse may not know enough about your life together to answer the questions required. If that is the case, you can always wait until you are married, when you know more about how you and your spouse intend to manage your household and its finances before discussing what is referred to as a postnuptial agreement.

Like many contracts, a prenuptial agreement must be in writing and signed by both parties. In addition, if a spouse is pressured into signing the agreement, or if they were not provided enough time to read and consider the agreement, a court may find the agreement invalid.

Prenuptial agreements cannot address everything; courts will invalidate certain portions if they do not comply with current California law. A prenuptial agreement may not contain any decisions regarding child support or child custody, because the court has final say in determining proper child support and the child's best interests. In addition, a spouse cannot waive his or her right to alimony, which is one of the most frequent provisions struck down by courts. The prenuptial agreement cannot include personal preferences, such as who does each chore, where holidays are spent, or what school the children will attend, because a prenuptial agreement is primarily intended to address financial issues, and judges do not like to interfere in private domestic matters.

In any case where future spouses are considering a prenuptial agreement, each person should acquire their own legal counsel, to ensure that the agreement is fair to both parties and to reduce the chances of any impropriety.

Divorcing is difficult, and during that time, home owning couples must decide what to do with the home they reside in. Sometimes this decision is easy; one party will complete a quitclaim deed, signing over their ownership rights to the other spouse. Other times, the decision is more difficult and a couple may decide to continue with joint ownership. If this decision is made, there is a need for a new deed to be executed.

Most often during marriage, couples own their homes as community property. This type of ownership is only for married couples or domestic partnerships. Now that the marriage is dissolved, the couple can no longer own the property in this form. There are two other forms of joint ownership: tenants in common and joint tenants. Our Santa Rosa divorce attorneys can help you decide which type of ownership type best suits you.

Tenants in Common
Tenants in Common is a type of concurrent ownership where each party has an individual, undivided ownership interest in the property. This means that the individuals can dispose of their ownership as they wish, whether it be now, or in a will or trust. Tenants in Common does not require equal interests in the property. Depending on what type of relationship the couple has after the divorce, an individual may want to create a Tenancy in Common agreement that sets up the terms of management, upkeep, and use of the property.

Joint Tenants
Another type of concurrent ownership is known as Joint Tenants. As Joint Tenants, each person has individual equal ownership interest in the property. Additionally, Joint Tenants, possess the right of survivorship. Right of survivorship is the automatic power of the survivor to acquire the property share of the other individual upon his or her death making the survivor sole owner. Joint Tenants may choose to alienate the other owner however; at that time it would change to a Tenancy in Common agreement and there would no longer be a right of survivorship.

Of course, in many cases as part of a divorce agreement a home will be given to one spouse or sold with the proceeds split between the two parties. No matter what the case, however, there are often complex legal guidelines that must be followed. It is important to ensure that all loose ends are tied up with these property matters, because otherwise it might cause serious controversy down the road. You do not want to find out that something is wrong with the deed only at the moment when you are trying to sell it, perhaps years later.

Getting Legal Help in Santa Rosa California
If you are thinking about a divorce, having trouble understanding the intricacies of ownership after divorce, or interested in learning more about concurrent ownership, our attorneys at Beck Law P.C. can help. Our firm can help you determine which type of ownership will work best for your situation. For a free consultation contact Beck Law P.C. at 707-576-7175 or contact us online.

It is a common belief that an unmarried couple that lives together for a certain period of time will have entered into a common law marriage. A common law marriage is when a couple is legally considered to be married with all of benefits of a regular marriage, despite the fact that no ceremony was ever held. These types of marriages are recognized in a handful of states, but as our Santa Rosa family law attorney often advises, California is not one of those states.

However, even though the state of California does not recognize the creation of common law marriages , this does not mean those facing the end of an unmarried cohabitation are left without any legal remedy if the correct steps were taken in advance.

Palimony and "Marvin Claims"
Palimony is the idea that financial assets and property can be divided upon the ending of a cohabitation where the couple was never married. The idea of palimony was front and center in the landmark California case of Marvin vs. Marvin, which popularized the phrase "Marvin Claim". In this case, actor Lee Marvin was taken to court by his ex-girlfriend Michelle Triola. Triola claimed that in exchange for her promise to give up her acting career and take care of Marvin during their cohabitation, Marvin would take financial care of her for the rest of her life. The agreement was said to be oral, and the court found that an oral agreement was insufficient for any division of financial assets and property. Triola lost her case and left the relationship with only the financial assets and property she entered it with.

Under the decision of this case it was determined that in order for a division of financial assets and property to be made there needs to be clear evidence of a promise for such a division.

Clear Evidence of a Division Agreement
It is important to put any agreement regarding the division of finances and property in writing if you are engaging in an unmarried living arrangement, as oral agreements are often found by courts to be insufficient evidence. Without one you will face the same harsh consequence as Triola did, and leave the relationship only with what you entered it with. This type of document can be created with the help of an experienced family law attorney. With such a document in place your rights will be adequately protected if you are in an unmarried cohabitation that ends.

Getting Legal Help in Northern California
If you are facing the end of such a relationship it is important to seek the help of a California family law attorney as this is a very unique area of the law. The Beck Law Firm can help determine if you are facing a family law issue or a contract issue in your unique case, and thus whether palimony is a relevant concern. The lawyers of the Beck Law Firm can advocate for your rights, and help you reach the outcome that you desire.

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Santa Rosa Mediation & Divorce

Given that California is a "no-fault" divorce state, it is relatively easy to get an actual court order ending a marriage. However, unbeknownst to the average person, certain wrongdoings - such as adultery - can still present hardships during the negotiation process of the divorce--though not necessarily factored by the court during the dissolution itself.

Grounds
As our experienced Santa Rosa divorce attorneys often explain, the meaning of "no-fault" is that one is not required to prove that his/her spouse has committed a wrong during the marriage in order to obtain a divorce. As mentioned in a previous post, California offers only two grounds for asserting dissolution of marriage, which are (1) irreconcilable differences and (2) incurable insanity. Therefore, because individuals pursuing a divorce in California are limited to two grounds, marital infidelity is an irrelevant factor in the court's divorce order.

Although adultery committed during the marriage does not affect the procurement of a divorce, it can potentially affect the child custody determination - if children are involved - and the management of marital assets.

Child Custody
In regards to child custody, the question is whether an extramarital relationship that carries over after the separation restricts the adulterous spouse from certain child custody or visitation rights. The answer to this issue hinges on the more important question of what the best interests of the children are. In relation to this particular discussion, the specific issue is whether it is in the best interests of the children to be around the extramarital partner. California courts do not view exposing children to non-marital relations as detrimental to their best interests. The courts seem to express that allowing the children to spend time with the "new girlfriend" or "new boyfriend" does not significantly impact the children as it does the jilted spouse. Therefore, continuing an extramarital relationship after the separation will not likely affect a child custody order unless there are unique circumstances in the relationship.

Property
Extramarital relations may, however, have repercussions in regards to the handling of marital assets. During the pendency of the marriage, each spouse has the responsibility to manage the marital assets for the benefit of the family. Using marital assets on an extramarital partner is not for the benefit of the family. Such spending that is contrary to the well-being of the family is called misappropriation. If the cheating spouse has committed misappropriation during the marriage, then the other spouse is entitled to reimbursement of one-half of the funds spent from the date of the misappropriation.

Negotiations
Overall, infidelity may not hinder one from obtaining a divorce, but it may have repercussions - specifically for the adulterous spouse of the marriage - during the negotiation process of the divorce. Many divorces agreements are hashed out between parties when not in front of a judge. As such, even though infidelity may not play a formal role in decision left up to the court, they will certainly affect emotions and strategies during negotiations between the parties and their attorneys. The "injured" party of the marriage may have leverage during the negotiation process to obtain a divorce order that is more favorable to him/her. It is vital for all sides in these disputes to have legal counsel on their side familiar with the unique issues affecting these dissolutions.

Legal Help
Whatever the situation may be, divorce proceedings involve a great deal of stress and complicated issues, such as infidelity. If you are in Northern California please contact our Santa Rosa divorce attorneys to ensure that your interests are protected.

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Losing a spouse is a traumatic experience. During the midst of the tragic loss, however, the surviving spouse must deal with the legal effects of the death, including property and inheritance issues. Our Santa Rosa family law attorney knows that under California law, the surviving spouse has a right to inherit the decedent's property through intestacy if there is no will or other non-probate instrument.

Yet a high-profile local case is making news across the country which turns this basic marriage inheritance issue on its head. What happens with inheritance issues when one spouse kills the other?

General public policy based rules establish that anyone who kills should not profit from such wrongdoing by allowing the wrongdoer to inherit the property of the donor, either through intestacy, will, or non-probate instruments, such as life insurance.

But what happens when the surviving spouse claims the killing was in self-defense?

The Criminal Case

According to an article in Press Democrat, a Petaluma man, Kenneth Mullennix is on trial for the January 9, 2010 murder of his wife. The couple had been in the midst of marital strife just before the wife's death. The discord was due to the wife's extramarital affair. Mullennix admitted that he shot and killed his wife, but he claims that on the night of the incident he was very drunk. He did not recall the exact sequence of events. On the tape of Mullennix's call to 911, he told the emergency dispatcher that his wife had attacked him and that she was insane. Some evidence suggests that before Mullennix shot and killed his wife, the wife had been in possession of the gun and was pointing it at Mullennix.

If this is in fact true, then, as our Santa Rosa family law lawyer knows, Mullennix may not be barred from inheriting his deceased wife's property since he was acting in self-defense.

Further supporting the argument that Mullennix was acting in self-defense, Mullennix has testified that his wife had a very violent temper, stating that there were incidents where she came at him with knives and bottles. There were also incidents where she had punched him. On the other hand, the prosecution has offered evidence that depicts Mullennix as a man obsessed with his wife's affair, ultimately causing him to murder her.

The law states that a person convicted of an intentional and felonious killing cannot inherit from his victim. Hence, a killer may not receive any property transfer from his victim. Because the killing must be willful and felonious, anyone convicted for involuntary manslaughter or who was insane at the time of the act can still inherit from the victim.

Santa Rosa Family Law Help

Fortunately, few local residents will ever be in a situation similar to this one. However, unique legal issues related to family property, dissolution, and custody concerns do arise. No two cases are identical. That is why if you are in our area and may be in need of legal help connected to family issues, it is imperative to seek the advice of an experienced Santa Rosa family law attorney. The legal professionals at Beck Law have been working on these issues for years and can provide the advice and advocacy you need.

All information discussed during your visit to the Beck Law Offices is confidential. Please contact our office for a free consultation at 707-576-7175 today.

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Uncovering Marital Assets in a Divorce

What to Do When Your Spouse Has a History of Domestic Violence

Most local community members understand the basic idea of property distribution in a divorce. Property is deemed either marital or separate. At divorce, all property that is deemed marital will be split between the two spouses. Each individual spouse keeps their separate property. While that basic concept is somewhat simple, sorting out the details can be quite complex and contentious. Our Santa Rosa divorce attorneys work closely with local residents on this process, helping to ensure property is classified and distributed to maximize their interests.

One challenge to the property distribution process is simply uncovering all of the involved assets. It is quite common for a divorcing spouse to try to shield assets from the other during divorce. After all, if the other spouse does not known about certain property, they will not try to fight for it during the separation. In this way, hidden assets are always a concern in divorce law. Hiding assets is not something that only comes up with millionaires. Couples with varying martial asset values may face these issues.

Our North Bay area divorce lawyers are experienced with these concerns and are adept at noticing certain red flags they might suggest assets are being hidden. For one thing, when one spouse controls most of the financial information, is secretive about money issues, and owns private mailboxes, the potential for hidden assets is increased. Erratic behavior by that spouse might also raise suspicions, such as when a computer with financial information mysteriously crashes or personal finance programs are eliminated.

So how are assets hidden? Here a few of the more common methods...

1) Unrecorded cash in hidden bank accounts. Taking money from accounts and placing it in offshore bank accounts is relatively easy and attractive for those trying to hide assets in divorce.

2) Understating business revenue. Undervaluing known assets is also a common way that one spouse will try to pull one over on their ex. This is particularly possible in situations where businesses are involved. Revenue in the business can be deferred for a time to manipulate the value during the divorce process.

3) Transferring ownership of assets to a third party. Parents, siblings, and friends are often used to act as fake owners of property during a divorce with agreements for the property to return to the spouse after the divorce is finalized.

Each Santa Rosa divorce lawyer at our firm understands that these and similar tactics must always be guarded against. Financial statements are often difficult for some spouses to read, and so manipulations to them may go undetected. Divorce is always contentious, and it is made worse when underhanded tactics are used. That is one of many reasons why it is vital to have an experienced and aggressive legal professional on your side throughout this process. There is simply no alternative to having a legal advocate in your corner ensuring that your rights are protected and respected every step of the way.

The experienced attorneys at Beck Law P.C. are here to help. We serve residents in many areas including communities like Santa Rosa, Cotati, Rohnert Park, Petaluma, Windsor, Kenwood, Glen Ellen, Bodega Bay, Ukiah, Willits, Clearlake, Lakeport, Kelseyville and throughout Sonoma County, Mendocino County and Lake County.

Please take a moment to send us a message online or give us a call at 707-576-7175 to learn more about how you can take control of the divorce process.

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