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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 36350
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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Im starting a divorce. Both my husband and I are business

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I'm starting a divorce. Both my husband and I are business partners. He is saying that once we decided to get a divorce, I do not have get a share out of his deals. I have not served him yet with any paperwork. Is it true?

Good afternoon Natalya,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

Under CA law, as soon as a couple separates, all income earned after that time is their personal property.

Now, as business partners I presume that there is a written agreement concerning the division of income from the business as between the two of you and your business contract would take precedence over the presumption following separation.

Once you have your share from the business according to your business agreement, that money is your personal property and need not be shared with the other.

Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.


I wish you the best in your future.

Doug

Customer: replied 3 years ago.


When you say separates means legal or not sleeping in the same room?

Hi Natalya,

Under CA law, a couple is separated when one of them comes to the realization that the marriage is over. It can be a hard fought battle over the exact date---but as a general rule even moving to separate bedrooms would suffice if one party believes the marriage to be over and not capable of being saved.

For a lengthy discussion of this complex area, see this link:

http://www.goforlaw.com/Legal_Article-Date_of_Separation_CA_Divorce.htm

Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

I wish you the best in your future.

Doug


LawTalk and 4 other Family Law Specialists are ready to help you
Thank you for your positive rating of my service, Natalya. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise. I am generally available at least 6 days a week, and often 7, and it would be my privilege to assist you again in the future.

I welcome you to request my assistance in any future legal questions you may have, by simply placing my name in the first sentence of your new question.


Thanks again.

Doug

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