THE FIRST STEP TO TAKE BEFORE GETTING DIVORCED

Certified Family Law Specialist DONALD F. CONVISER, of Warner Center Law Offices in Woodland Hills in the San Fernando Valley, an effective and aggressive Family Law and Divorce Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years, offering a free confidential consultation regarding your divorce or family law issues, at 818/880-8990, brings you another informative and educational blog, responding to questions posed to him by members of the public in areas of Family Law and Divorce.

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: What should I do before getting divorced in California? I want to make sure that I take the right steps before getting a divorce. My wife and I are separated, and she owns her own business and has two homes in two different states. What do I need to do to be set up financially?

ANSWER: The first step you should take is to have a face-to-face consultation with a competent Family Law Attorney, who would ask appropriate questions of you and obtain responses and information to assist in determining what steps need to be taken. From your question, I can't determine whether the business which you call your wife's business is a business which was formed during the marriage, or a business which your wife had prior to the marriage. If it was formed during the marriage, it would be community property. Even if your wife had the business before the marriage, you may be entitled to a "Pereira/Van Camp" interest in her business. Also, from your question, I can't determine whether your wife owned the two homes prior to the marriage, if they were purchased in her name alone during the marriage, or otherwise, but you could have some sort of interest in the homes, depending on the specific facts. Also, from your question, I can't determine who has greater income, or whether you and your wife have children and if so, who has de facto custody, but all of the above comprise matters to discuss with a Family Law Attorney, in person.