Family Law Attorneys Serving Anaheim Hills

Divorce is deeply personal and often a stressful and emotional experience. It is certainly not a recreational activity. For the residents of Anaheim Hills, navigating these waters can be significantly smoother with the support of a team of experienced family law attorneys. When deciding on the “right” family law attorney to represent your interests, conduct thorough research and do your due diligence. Don’t hire your family law attorney by “accident!”

Evaluate multiple family law attorneys and law firms, scrutinizing what their websites reveal and, importantly, what they omit. For those in Anaheim Hills, the decision should be rather easy if you spend the time to carefully evaluate your many options (600 family law attorneys in Orange County). There are few things that are more important than selecting the “right” family law attorneys for you and your interests when going through a divorce. This is a decision that you will reflect on for many years. Don’t look back on a mistake made because of lack of due diligence.

Minyard Morris: Leveraging Scale And Expertise In Family Law

Minyard Morris, a preeminent family law firm in Orange County, has established itself as a leader in the field by effectively combining the resources of a larger practice with personalized client service. For over 46 years, the firm has developed and refined systems that maximize efficiency and effectiveness in handling complex family law matters.

Why Retain A Larger Firm?

The size and structure of Minyard Morris offer significant benefits to clients:

1. Comprehensive Resources: With 20 experienced family law attorneys and extensive support staff, the firm possesses the capacity to manage cases of any complexity or urgency.
2. Collaborative Expertise: Thrice-weekly strategy meetings leverage over 350 years of combined experience, fostering innovative solutions for clients.
3. Efficient Systems: Decades of practice have allowed the firm to develop refined processes that optimize case management and client service.
4. Diverse Specializations: The large team offers a wide range of expertise within family law, ensuring comprehensive handling of all case aspects.

Personalized Service Within A Larger Framework

Despite its size, Minyard Morris prioritizes individualized attention:

• Dedicated Representation: Each client is assigned a specific attorney who oversees their case from inception to resolution.
• Customized Strategies: The firm tailors its approach to align with each client’s unique circumstances and objectives.
• Responsive Communication: Established systems ensure prompt and clear client communication throughout the legal process.

Specialized Focus On Orange County

Minyard Morris has cultivated deep local expertise:

• Exclusive Practice: The firm limits its practice to family law matters filed in Orange County.
• Local Knowledge: This focused approach has yielded intimate familiarity with local courts, judges, and procedures.

Commitment To Client Success

The firm’s approach is characterized by:

• Strategic Analysis: Comprehensive evaluation of all options, considering cost-benefit ratios for potential strategies.
• Rapid Response Capability: Extensive resources allow swift mobilization for time-sensitive matters.
• Confidentiality: Maintenance of the highest standards of privacy in all client matters.

Minyard Morris exemplifies how a larger family law firm can leverage its resources and expertise to provide superior legal representation. The firm’s long-standing systems, collaborative approach, and personalized service ensure that each client receives exceptional representation tailored to their specific needs. By choosing Minyard Morris, clients gain access to extensive resources and decades of experience, optimally positioned to achieve favorable outcomes in complex family law matters.

Why Minyard Morris?

Established in 1977, Minyard Morris has dedicated over 46 years to serving the Anaheim Hills community. Our firm’s 20 divorce attorneys boast over 350 combined years of experience. Our skilled team includes nine (9) attorneys who are Certified Family Law Specialists, certified by the State Bar of California Board of Legal Specialization

In 2024, the esteemed and independent lawyer rating service, Best Lawyers in America® listed 19 of 20 Minyard Morris family law attorneys, an unprecedented level of recognition for a family law firm.

Minyard Morris has grown to become the largest family law firm exclusively practicing in Orange County for many reasons. Among these is our commitment to listening to our clients’ objectives, and vigorously working to achieve them. We strive to transition our Anaheim Hills clients from current clients to “former” clients as quickly and smoothly as possible, helping them move forward to their next and happier life chapter with urgency and resolution.

Minyard Morris is well known for its weekly strategy forums. The firm’s lawyers meet three (3) times weekly to strategize clients’ cases. Attendance at the meetings is essentially mandatory. Discussions at the meetings include strategy decisions, evidentiary issues, nuanced tax issues, recent developments and reported cases, recent experiences in trials of firm lawyers, best ways to deal with opposing lawyers and on and on. What is the value to a client of being represented by a firm with this unique practice? Would you rather have the opinion of one or two lawyers or the opinions of 20 family law attorneys who work exclusively in the Orange County courts.

Our Divorce And Family Law Practice Areas

From the beginning, we focus on finding creative and favorable ways to resolve our cases. We take our client’s cases seriously and know that while we have many cases, each of our clients only has one divorce and it is of critical importance to that client. We handle the following areas of family law for our Anaheim Hills clients:

• Child Custody
• Property Division
• Child Support
• Spousal Support
• Prenuptial Agreements
• Characterization of Separate Property
• Breach of Fiduciary Duties/Misappropriation
• Domestic Violence
• Valuation of Separate Business Interests
• High Net Worth Estates

California is a no-fault state and California family law provides that all community assets (not separate property of either spouse) shall be allocated and awarded in such a way that each party receives assets equal to 50% of the total community estate. While this sounds simple, it may not be because of the very specific and nuanced statutes and case law that controls the amazing number of different sets of facts in divorces. Examples include when separate property and community property time and/or money are commingled in accounts or in assets like businesses. Failing to retain a family law attorney who understands and handles cases with the complexities and nuances can be incredibly expensive in terms of overall settlements or results at trial.

Common Questions When Determining Separate Property, Community Property, and Asset Division in Divorce

What Is Separate Property In A Divorce?

Separate property refers to assets acquired by one spouse before marriage or after separation, as well as anything received by gift or inheritance during the marriage. This includes items like a home owned before marriage or an inheritance from a family member. If an asset isn’t classified as separate, it’s considered community property, which will generally be divided equally in a divorce.

Key Points:

• Separate property is kept by the spouse who owns it.
• Community property is divided equally, but the court doesn’t have to split each item evenly—it may adjust the division to achieve fairness.

Example: If one spouse owned a car before marriage, it remains their separate property after divorce, while a car bought during the marriage is typically community property.

How Do Divorce Courts View Inheritances And Gifts?

In California, an inheritance belongs solely to the spouse who received it, regardless of when it was acquired. Similarly, gifts are the separate property of the recipient.

Example: If one spouse inherits money from a relative, that inheritance is solely theirs. However, any income generated from that inheritance (like interest) could be used for spousal or child support.

Note on Gifts: Gifts between spouses, such as a vehicle, must include a written statement explicitly declaring ownership to be valid. Simply giving a wrapped car as a “birthday gift” without a written declaration doesn’t make it separate property.

What Is Community Property In California?

Generally, community property includes any assets acquired from the date of marriage to the date of separation. There are exceptions, though, where property might be classified differently if acquired with separate funds.

Example: If a spouse uses separate property money to buy a house during the marriage, that home may be considered separate property.

How Are Earnings Of Separate Property Characterized?

Income or dividends from separate property are generally also considered separate property.

Examples:

• Dividends from separate stock remain separate.

• Interest from a separate savings account is also separate.
• If these funds are used to buy new assets, those new assets will typically retain separate property status.

How Is A Business Characterized In A Family Law Case?

A business owned before marriage is usually classified as separate property. However, if it increases in value during the marriage, the community might have a right to reimbursement for the business’s growth.

Reimbursement Formulas: Courts may use either the Van Camp or Periera method to determine how much the community is owed. Van Camp applies to capital-intensive businesses, while Periera suits service-oriented businesses. In rare cases, the court may switch methods if the business’s nature changes significantly during the marriage.

Can The Community Acquire An Ownership Interest In A Separate Property Business?

No, the community or non-owning spouse does not gain an ownership stake in a separate business. However, the community may be entitled to reimbursement for contributions that added value to the business.

Example: If the non-owning spouse worked in the business without adequate compensation, the community might receive a portion of the business’ increase in value.

Does the Community Earn an Interest in the Separate Property Business of One Spouse If the other Spouse Works in the Business?

No, the fact that the non-owning spouse worked in the business does not impact the communities right to reimbursement relative to the separate property business. It is not relevant whether the non-owning spouse is paid, under-paid or not paid relative to the community’s rights. This is true even though the efforts of the non-owning spouse during the marriage are considered community property rights.

Does the Community Earn Interest on Any Right to Reimbursement Relative to Right to Reimbursement Pertaining to the Increase in the Value of a Separate Property Business?

If the community has a right to reimbursement relative to the increase in the value of a separate property business due to the business increasing in value during the marriage, that payment does not bear interest. The amount of reimbursement is not determined until after the separation and not until a settlement is reached or until the court rules. The right does not accrue year by year.

If One Party Pays the Other Party an Equalization Payment for One-Half of the Value of the Business, Is That Payment Taxable?

No. Equalization payments are not tax deductible and are paid with after tax dollars. The receipt of the payment is tax free. This is unlike the receipt of sales proceeds received from the sale of a business to a third party. IRC 1041 provides that the transfer of assets between parties of a divorce, is incident to the divorce, and is presumed to be a tax-free transactions. If a transfer occurs within six years of the divorce itself, it is presumed that the transfer is incident to the divorce.

Does the Law Require Interest be Charged on an Equalization Payment?

No, unlike money owed from unrelated parties, an equalization payment owed by one spouse to the other, need not bear interest.

How Can a Separate Property Business Become Community Property?

The only manner in which a separate property business can become a community asset is for the owning spouse to sign a writing that transmutes the asset into community property. The writing must be an express declaration of a change of ownership. The writing does not have to have specific magic words but the words must make it totally clear that the ownership and character of the asset are being changed. It is said that a transmutation cannot accidently occur. The character or ownership of a business will not be changed based on oral statements about who owns the business or promises about future ownership.

How Is A Business Valued In A Divorce?

For businesses started during the marriage, the court generally awards the business to the spouse running it and determines its value based on recognized methods. The capitalization of earnings and capitalization of excess earnings methods are most common.

Important: Courts in divorce cases cannot speculate on future business earnings when calculating value, unlike other types of business transactions.

Can the Court Value A Business In A Divorce Taking Into Consideration The Future Earnings Of The Business?

No, a court in a divorce cannot speculate on the future earnings of a business and use that speculation as a factor in the determination of the value of a business. This is unlike the valuation of a business in non-divorce transactions, which often use the discounted cash flow (DCF) method of valuation. This method is a valuation method that estimates the value of an investment using its expected future cash flows. Valuation experts use the DCF to determine the value of an investment today, based on projections of how much money that investment will generate in the future.

Can A Separate Property Business Become Community Property?

Only through a written agreement that explicitly changes the business’s status from separate to community property. Such a change, known as a transmutation, requires a clear, written intention.

Example: A spouse cannot verbally promise to share their business as community property; a formal document is required.

How Can The Community Acquire An Interest In A Separate Property Residence?

If community funds are used to pay down the mortgage on a separate property home, the community may gain a pro-rata interest in the property. This interest includes the value paid down by community funds and the appreciation in property value. The fact that the community had the benefit of living in the residence during the marriage does not impact the formula referred to as Moore Marsden.

Example: If one spouse owned a house before marriage and the couple used joint funds to pay the mortgage, the community might have a claim to part of the home’s increased value.

If A Spouse Gives The Community A Separate Property Residence, Is The Equity That Existed On The Date Of The Gift Still Owned By The Spouse Who Made the Gift?

If the owner spouse transmutes (gives) the house to the community during the marriage, that spouse is, in effect, giving the appreciation of the house to the community, after the date of the gift. However, if the owner spouse expresses in writing a waiver of the family code section 2640 rights, the gift is of all of the equity in the home to the community. In other words, if, on the date of the gift, the equity in the residence was $1,000,000 and at the time of the divorce the equity was $2,000,000, unless there was a family code section 2640 waiver, the proceeds would be divided $1,500,000 to the spouse who owned the house before the date of marriage and $500,000 to the other spouse.

How Is The Date Of Separation Determined?

The date of separation is defined by a clear declaration by one spouse that the marriage has ended. Factors like words or actions, rather than simply moving out or ceasing intimacy, define separation.

Example: A spouse could clarify the separation through a text message or email, reducing the risk of future disputes. This date affects spousal support duration and asset valuation.

Can A Clear Date Of Separation Be Rendered Void?

Of significance is the fact that a clear date of separation may be voided by conduct, after the date of separation, that evidences a reconciliation or a resumption of the marital relationship. An attempted reconciliation my render the date of separation void. Such events as vacationing together, entertaining others jointly, sexual relations, dinners, marriage counseling and other related activities may void the date of separation. There can only be one date of separation and the later date of separation will be used by the court as that date.

How Can A Party Document The Date Of Separation?

The statement by one party to the other that a separation has occurred need not be in writing to be effective. However, failing to document the event in a text message or email may result in the other party misunderstanding the communication or denying it. To put the importance of this issue in perspective financially, understand that the date of separation can impact the duration of spousal support, the valuation of certain assets, and the responsibility for certain debts. A dispute relative to the date of separation may be of financial significance and may result in a multi-day trial relative to the date of separation, which could have been avoided with a simple email or text message.

Can Parties Be Separated If Still Residing In The Same Residence?

While it is possible to be separated while sharing the same residence, residing together presents challenges to this issue. Cohabiting may be a significant fact that will be considered by the court in making this determination. If parties are cohabiting and think that they are separated, action should be taken to document the separation. Filing for divorce is one way to document a date of separation.

Are Earnings After The Date Of Separation Separate Property?

After separation, any earnings or debts incurred are generally separate. However, complications may arise if the couple uses joint accounts or credit.

Example: Separate accounts and credit cards can simplify post-separation finances.

Practical Tips After Separation

• Open a separate bank account.
• Update account passwords.
• Switch phone providers if necessary.

Does A Party Receive Credit For Paying Community Debts After The Date Of Separation?

A common issue is whether a party should receive credit for using separate post-separation earning for the payment of expenses that are community in nature. If a party uses separate earnings to pay community expenses after the date of separation, credit should be received unless the expenses is for an asset that they paying party using, the payment is in lieu of support or there is an agreement to the contrary. For example, if a party is paying the lease payment for a car that they are driving, no credit should be given.

Are There Any Practical Suggestions To Consider?

If you make the decision to proceed with a separation and divorce, consider the following tips:

1. Terminate any shared cell phone account and establish your own account.
2. Document and verify the date you told your spouse that the relationship was over, in a text and email.
3. Set up a new secure email account to communicate with your lawyer that is not an email your spouse has access to.
4. Change your passwords on:
   1. Email accounts
   2. Social media accounts
   3. Apple ID, iCloud, Google Password
   4. Personal computer, Laptops, cell phones
   5. Security cameras
   6. Garage/gate code
   7. Online banking
   8. Credit cards
   9. Uber/Lyft
   10. Insurance, IRAs,401k and brokerage accounts
5. Determine if your spouse has the ability to track you on your car GPS.
6. Consider setting up new checking accounts and credit cards and cease using the existing ones with your spouse in order to easily allocate and categorize post separation expenditures.
7. Determine if your spouse can track you through your children’s electronic devices.
8. Consider your social media posting practices.

What Is The Imperfect Parent?

No parent is “perfect.” In fact, no two judges would agree on the definition or conduct of a “perfect” parent. However, it should be clear that if you find yourself involved in a child custody conflict, your past conduct will be examined, analyzed and judged. The more recent the conduct, the more relevant the conduct. Bad judgment in making parental decisions can be very important to judges in child custody matters. You cannot undue acts of bad judgment, but a skilled and experienced child custody lawyer can put the acts in context and possibly minimize the negative impact. What can be accomplished is not to make any new mistakes. It is important to understand that most parents going through a custody fight, act as perfectly as they possible can. If you are not making your children an absolute priority while your daily conduct is being examined, you are committing unforced errors and the outcome will not be as favorable as it could have been.

This is common sense, but they must make their children their 100% priority during a child custody case. If you choose to fight a child custody battle rather than reach a compromise, spend significant money on attorneys fees and put yourself and your children through the painful ordeal, you should do everything you can to be the “perfect” parent during the process.

Contact Our Experienced Anaheim Hills Family Law Attorney

Need Personalized Guidance?

Every case is unique, and consulting a family law attorney can clarify how these laws apply to your situation. For tailored advice, contact us to speak with one of our experienced attorneys.

If you live in the Anaheim Hills community and are ready to consult with a family law attorney for a fact finding, legal analysis and strategy session, call Minyard Morris at (949) 724-1111 to schedule a consultation. You can also send us an inquiry using our online contact form.