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Posted on in Divorce

CA divorce lawyerIs your family’s TV, fridge, microwave, alarm system, or lights controllable by voice or phone? Is your heating and air conditioning system outfitted with a computer? If someone was asked these questions even 10 years ago, the questioner would most likely be met by open-mouthed stares and bewilderment. Yet today, technology can be integrated into everything from ovens to surround sound systems. A fridge can sense when you are low on milk and can order more from the store without you, the homeowner, even pushing a button.

For better or worse, smart home technology is most likely here to stay, and will only become more prevalent in our society as the years tick by. Smart home appliances are taking our country by storm. In fact, annual revenue of smart home appliances is expected to grow at 12.9 percent per year, according to Statista. And, while only 10 percent of homes are currently outfitted with smart appliances in 2018, that number is expected to grow to 28 percent of homes by 2023, just five years away.

The Consequences of Smart Appliances During Divorce

There are a number of downsides to smart appliances, with the obvious being a high cost of maintenance and repair/replacement, the usual malfunctions that technology always seems to have, and the hassle of getting everything linked together or to your phone. Some even worried that the CIA was spying on people with smart microwaves, though that proved to be untrue, as reported in Wired. In general, most people who purchase smart appliances know what they are getting into, and for them, the benefits of convenience and integration outweigh the negatives of smart appliances. However, few realize that a smart appliance can be used to sabotage them during a divorce or break up. An ex that moves out of the house can still access these smart appliances from afar, and turn them on or off, monitor the spouse with an in-home camera and audio surveillance system, and invade their privacy and peace of mind in a myriad of ways. A San Jose divorce attorney can help.

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Posted on in Divorce

California divorce lawyer, California family law attorneyProperty division is one of the biggest issues during divorce. Knowing what combined property exists between the couple is not only important, but is legally necessary. Hiding property is unlawful, and can hurt you in the long run. However, it is also important to have a grasp on what type of property is considered marital property, and what may be considered personal. If you are going through divorce, an experienced divorce attorney can provide invaluable advice and legal assistance throughout the process.

Community Property vs. Separate Property

California law recognizes two types of property: community and separate. Community property is property that is owned by a married couple or a domestic partnership, according to California law. Debt acquired during the marriage is also considered community property. Each spouse owns one-half of the community property, including the debt. Separate property is property of an individual that they owned before the marriage, was a gift or inheritance to them alone during the marriage, or any property that they earned, acquired, or were given after the date of separation. Additionally, gifts and inheritance are considered to be separate property, as well as financial compensation earned from a civil lawsuit.

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Illinois divorce attorney, Illinois family law attorneyDeciding to adopt a pet can be an exciting commitment to make. Often the caretaking responsibilities are shared between spouses and children, and bonds are quickly formed. According to the 2012 U.S. Pet Ownership & Demographics Sourcebook, six out of ten pet owners consider their pets to be a family member. Unfortunately, when divorce threatens to split a family apart, the companion animals are also involved.

Pets Are Considered Personal Property

While some couples consider their dog a child of sorts, the law almost always designates animals as personal property under the Fourth Amendment when settling assets in a divorce, according to the American Bar Association. This means the court decides what is in the best interests of the owners and not necessarily the pet’s well-being. One way to prevent ugly arguments over the pets is to include them in a prenuptial or postnuptial agreement with your spouse.

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California divorce laws, California divorce attorneyThe military lifestyle is stressful on a family. The frequent uprooting of the family from one city to the next, the inherent dangers of military duty and the stresses that they bring, and the isolation and long periods of time spent alone that the non-military spouse endures can all wreak havoc on a marriage. When young children are involved in the picture, it can be even more stressful. As such, divorce is not uncommon. The rate of military divorce is 3 percent, according to the U.S. military, and just lower than the civilian divorce rate, which is 3.6 percent, according to the Centers for Disease and Control and Prevention.

Military divorce law is different than civilian in that there are certain rules and regulations that go along with a military divorce in order to ensure that the service person's family is well taken care of. Often, the non-military spouse will have given up their own career aspirations in order to support their spouse’s military career. The constant moves across the country usually mean that the non-military spouse will not even be employed at all, or will be constantly underemployed. This leaves them with little job experience or relevancy if a divorce occurs and they have to provide for themselves after years of supporting their military spouse at home and raising the children. If you are going through a military divorce, contact the experienced San Jose military divorce attorneys at our office today to learn how we can provide you with professional assistance.

Dividing the Pension and Benefits

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