None of us like to think about how a divorce would unfold in our lives, but the fact of the matter is that nearly 50% of marriages end that way. It’s a given you will lose your spouse (even if only in name) by the end of the process, but what else do you stand to lose?

You might have your own idea of what a fair division of property in a divorce would look like but, in the State of California, you might be in for an unwelcome surprise.

Community Property vs. Equitable Distribution

California is a “community property” state – one of nine in the United States. A community property state considers all assets acquired during the marriage to be considered community property and subject to an even 50-50 split in the event of a divorce.

That means if you scrimped and saved your pennies to come up with the down payment for the house and your paycheck pays the mortgage, your spouse is still entitled to half after you part ways. The Camaro you bought to celebrate that big work promotion– half belongs to them. Everything and anything, regardless of each individual’s contribution, is split 50-50.

Equitable distribution states, on the other hand, seek to divide assets “equitably,” often looking to do what’s “fair” instead of “equal.” This leaves the court to answer questions on what is fair when a 50-50 split is not followed.

If you’re getting a divorce in the East Bay Area, expect community property to provide the guidelines for what will be divided during the divorce. A Family Law attorney will be able to help determine what will be split if the decision is left to the court.

What’s Mine Stays Mine

If you’re the breadwinner of the marriage, it seems unfair to give up half of your assets, especially if you feel your partner is the reason the marriage failed to begin with.

California is tricky, since community property seeks to make the division of property and assets simple and easy, but there are ways to walk away with a bigger share if it’s what you rightfully deserve.

A Family Law attorney will be able to review your specific details and work to secure what’s right for you. Questions you may have:

• Is it possible to reach an agreement through mediation?
• Am I able to convert certain marital assets to separate assets if they are rightfully mine?
• What happens to property I purchased before marriage, but still made payments on during the marriage?

Even with community property as a practice, there are things that might change the outcome depending on the situation, details, and judge reviewing the proceedings.

Bagner Law, PC

Don’t guess what you’ll walk away with in a divorce. Call Vonnah Bagner of Bagner Law, PC and get some answers. Her years of experience have given her incredible insight on divorces of all kinds and how they tend to unfold in the State of California. She will do her best to ensure you receive the outcome you want and the outcome you deserve.

Contact Bagner Law, PC today for more information.

If you have family woes, and you don’t know what to do, Vonnah Bagner is the attorney for you!

Breaking up is not the hard part – it’s what happens next that can be difficult to navigate, especially when children are involved.  

When it comes to deciding the correct custody arrangement for your children, it can be even more difficult to discern what is right and what will be fair. The difficulty is compounded by the fact that custody cases often involve two people with heightened emotions, resentment, outright hatred, or downright disgust.

You want to do what’s best for your children, but sometimes it’s hard not to see red when your future ex-partner enters the room. That’s why choosing the right Child Custody or Family Law Attorney is critical.

Luck Favors the Prepared

If the breakup is relatively peaceful, it’s prudent to hire a qualified Family Law attorney to ensure everything that you and your former partner agree upon will be executed officially as the divorce is finalized.

On the other hand, if you’re stuck at the starting line squabbling over who will have what time with the child(ren), it will be exceedingly difficult to get through any part of the process, let alone complete it.

You might feel as though you’re on the brink of war. That’s okay; they are not called custody battles for nothing – they are typically tumultuous. If you are going into battle, however, don’t go empty-handed. Hire a qualified Family Law attorney, like Vonnah Bagner of Bagner Law, PC, as your secret weapon to help you stack the odds in your favor.

What a Family Lawyer Does for Your Child Custody Battle

Whether you’re in mediation seeking to amicably arrive at an acceptable compromise or headed into court to hash it out the hard way, a great Family Law attorney is your best resource at all stages of the process.

Your attorney can prepare you for Mediation by discussing with you what strengthens or weakens your case, and what to shy away from.  Your attorney will provide you counsel and strategy on the path to secure the optimal outcome.

If you’re going into court, however, the gloves come off. Your lawyer will fight tooth and nail to get you the result you desire, the result you deserve! As a legal professional, your attorney knows what cards to play, when to play them, and how to lead you to victory in the long run.

Don’t let your heightened emotions get the best of you. Hire a seasoned professional to handle the matter with level-headed confidence.

Bagner Law, PC, At Your Service

Find out what makes Vonnah Bagner of Bagner Law, PC your best Family Law Attorney in the East Bay Area. She brings years of experience in family matters of all kinds, including ample expertise in child custody cases.

Call Bagner Law, PC today and find out more.

If you have family woes, and you don’t know what to do, Vonnah Bagner is the attorney for you!