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Frequently Asked Questions
Which areas do you serve for family law matters?
Our firm proudly represents clients in family law cases across Santa Clara, San Mateo, San Francisco, San Diego, and Los Angeles counties. Whether you’re dealing with divorce, child custody, support, or another family law issue, our team is familiar with the local courts and procedures in each of these areas and is here to guide you every step of the way.
Are hidden assets common in high-asset divorces?
In some cases, yes. High-net-worth divorces may involve undisclosed income, offshore accounts, or intentionally undervalued assets. We work with forensic experts to trace funds, analyze financial records, and ensure full disclosure in accordance with California law.
Can a prenuptial or postnuptial agreement affect the outcome?
Yes. Valid prenuptial or postnuptial agreements can significantly impact property division and support. However, these agreements are often scrutinized closely and may be challenged depending on how they were drafted and executed.
Can high-asset divorces be resolved without litigation?
Often, yes. Many sophisticated clients prefer to resolve matters through negotiated settlements, mediation, or private judging to maintain control, efficiency, and confidentiality.
How are businesses handled in a divorce?
A business founded or grown during marriage may be considered community property, in whole or in part. Determining its value—and whether it should be divided, offset, or retained by one spouse—often requires a formal business valuation and careful analysis of income streams, goodwill, and future earning capacity.
How does your firm approach complex family law matters?
We take a strategic, detail-oriented, and discreet approach. Our focus is on protecting our clients’ financial interests, minimizing unnecessary conflict, and achieving efficient, favorable resolutions tailored to each client’s priorities.
How is child support handled in high-income families?
While California uses a guideline formula, courts have discretion in high-income cases where the formula may exceed the child’s reasonable needs. These matters often involve nuanced arguments regarding lifestyle, expenses, and appropriate levels of support.
How is property divided in California?
California is a community property state, meaning assets and debts acquired during marriage are generally divided equally. However, the characterization of assets—community vs. separate—can be highly nuanced in high-asset cases, particularly when commingling or transmutation issues arise.
How is spousal support determined in high-income cases?
Spousal support in high-income matters often goes beyond standard guideline calculations. Courts consider statutory factors such as marital standard of living, earning capacity, and the length of the marriage. In complex cases, support may involve detailed lifestyle analyses and expert testimony.
How long do high-asset divorce cases take?
These matters typically take longer than standard divorces due to the complexity of financial issues, discovery, and expert involvement. While California requires a minimum six-month waiting period, complex cases may take a year or more to fully resolve.
Is privacy a concern in high-profile divorces?
Yes. We prioritize discretion and, where appropriate, pursue strategies to minimize public exposure, including negotiated settlements and careful handling of sensitive financial information.
What are stock options, RSUs, and deferred compensation—and how are they divided?
Equity compensation is common in Silicon Valley and can be one of the most valuable marital assets. These assets are typically subject to complex allocation formulas (such as time-rule calculations) to determine what portion is community versus separate property. Proper analysis is critical to avoid significant financial loss.
What is a forensic accountant and why might I need one?
A forensic accountant analyzes complex financial data to identify income, trace assets, value businesses, and uncover discrepancies. Their work is often essential in high-asset divorces to ensure transparency and accuracy.
What makes a high-asset divorce different?
High-asset divorces involve substantial or complex financial holdings such as closely-held businesses, investment portfolios, stock options, deferred compensation, real estate holdings, and international assets. Most of our cases involve these types of holdings, and our attorneys have the depth of experience needed to handle these complex matters effectively. Sometimes, however, these cases also require collaboration with forensic accountants, valuation experts, and tax professionals to ensure accurate characterization and division.
What should I do to prepare for a high-asset divorce?
Early preparation is critical. This includes organizing financial documents, identifying all assets and liabilities, and consulting with experienced counsel before taking any action that could impact your rights or financial position.
What types of family law matters does your firm handle?
We represent clients in complex and high-stakes family law matters, including divorce, custody, support, and property division, with particular experience in high-asset estates, business ownership interests, executive compensation (including RSUs, stock options, and performance-based bonuses), and forensic financial analysis.
Why is it important to work with experienced counsel in complex cases?
High-asset divorces require not only legal expertise but also financial sophistication, strategic judgment, and access to trusted experts. The stakes are significant, and thoughtful planning can materially impact long-term outcomes.
A Family Member is Sick, and I Need to Take Time off Work to Care for Them. Does my Employer Have to Save My Position and Let Me Take a Leave of Absence?
The answer to this question depends on a few different factors. The Family and Medical Leave Act (FMLA) does provide employees with up to 12 weeks of job-protected leave per year. This time is uncompensated, and there are several requirements that must be met, including that the employee must have worked with that employer for at least 12 months.
There are other requirements, too. Plus, the FMLA only applies to companies of a certain size (50 or more employees).
Am I an at-will employee in California?
An at-will employee is an employee that is free to leave their place of employment at any time for any reason, or for no reason whatsoever. Most states recognize at-will employment, although there may be special state-specific rules that govern the process.
If, however, you signed a written employment contract, you are more than likely not an at-will employee.
Can I take a rest or meal break during work hours in California?
The FLSA does not require meal or rest breaks. As such, their availability really depends on state laws, and those vary widely. For meal breaks that last longer than 30 minutes, most employers do not pay for that time period. For rest breaks of less than 20 minutes, most employers will pay for that time period.
Can my employer in California fire me for any reason?
Whether or not your employer can fire you for any reason, or no reason at all, depends on whether or not you are an at-will employee. If you are an at-will employee, your employer can fire you for any reason except where it is unlawful. For example, they are not allowed to fire you due to your race, sex, religion, or disability.
If, however, you signed a written employment contract, the employer may only be able to terminate your position based on the terms and conditions of the contract.
Again, as this is an area of law that can be state-specific, it is best to speak with an attorney if you believe you were illegally terminated.
Do I have to work overtime in California?
In short, the answer is yes, your employer may require that you work overtime. Each state deals with mandatory overtime in its own way, but the federal guidelines from the Fair Labor Standards Act (FLSA) do state that it is allowed. The employer must pay no less than 1.5 times the regular rate of pay. There are no limits to the number of hours an employee over the age of 16 can work in one week.
Do I need an employment law attorney in California?
Whether you need an employment law attorney is a trick question. An employment law attorney can always be helpful regardless of the situation, but you are not required to retain one. It becomes important to do so the more complex or nuanced your case is. Even when filing the initial claim with a state or federal department, an attorney can make sure you do so properly and strategically. The people working in these government jobs usually mean well, but they have a demanding workload and cannot take the time to sift through the complaints and get the details right, and that can be detrimental to you.
Ultimately, speaking to an attorney can help you understand what you need, what's at stake, and how to best proceed.
Do employees in California have rights in the workplace?
All employees have basic rights. What those rights are can vary by state, but there are some that are the same across the board. Employees have a right to work in an environment where they are not discriminated against or harassed due to their race, religion, national origin, age, disability, color, sex, or genetic information.
As an employee in California, you also have the right to:
- Minimum wage
- Overtime
- Proper classification of your position
Under the Occupational Safety and Health Administration (OSHA), you also have the right to:
- Safe and healthful workplaces
- Protective equipment free of charge, where appropriate
- Information (like chemical hazards, workplace injuries, exposure data, etc.)
- Training, where appropriate
- File a complaint with OSHA to request an on-site OSHA inspection
Federal and state laws establish rights and implement systems to address violations of rights. Always speak to an employment law lawyer in Cupertino if you work in the area and believe your rights have been violated.
How do I know if I have a wrongful termination claim in California?
Determining whether or not your termination was wrongful can be a complicated task, and the rules for determination vary by state. Most at-will employees can be terminated without reason. Wrongful termination is different from unfair termination. Wrongful indicates the employer did something unlawfully.
Are you a member of a protected class? For instance, what is your ethnicity, national origin, religion, or gender? Are you pregnant? Are you over the age of 40? Do you have a disability? If fired because you are a member of one of these classes, you may have been wrongfully terminated. The next task is to be able to prove it.
On the other hand, if you are terminated because your boss favors another person, there were personality conflicts, or you posted something on social media that your boss did not like, these things do not constitute wrongful termination.
I complained at work about discrimination, and my employer retaliated. What can I do in California?
Your employer cannot legally retaliate against you for complaining about work-related discrimination. However, they may still discipline you or terminate your employment for reasons unrelated to the complaint.
If you feel like your employer is retaliating against you for the discrimination complaint, you should first speak with a supervisor or a human resources representative. If this does not resolve the issue, you can address your concern with your state's fair employment agency or the Equal Employment Opportunity Commission (EEOC). An attorney can also advise you on your best course of action in these or other situations.
If I quit or am terminated, what happens if the employer withholds my last paycheck in California?
You must receive payment in full for the time you worked. In some states, your employer must also pay you for any accrued vacation days.
When you receive your last paycheck, it depends on your state. Some states require the last paycheck to be delivered immediately, other states require the issuance of the paycheck within a few days, and other states allow up to 21 days.
A month, however, to receive your last paycheck is too long. If you believe your employer has wrongfully withheld your last paycheck, you should contact your state's labor department or even the federal labor department. An attorney can assist you with this as well.
What is a whistleblower claim?
When an employee suspects that there is misconduct or fraud occurring within their place of employment, and they report this activity, they are known as a whistleblower. When this occurs, employers often seek to retaliate against the employee by having them fired or transferred. Because of this, federal and state laws have been enacted to prevent retaliation against whistleblowers.
A whistleblower claim is a formal complaint exposing or describing certain types of alleged fraud or misconduct.
What is a Moore/Marsden or Pereira/Van Camp analysis?
These are legal frameworks used in California to allocate the value of assets—particularly real estate or businesses—between community and separate property interests when both have contributed to the asset’s growth.
Disclaimer: This FAQ is for informational purposes only and does not constitute legal advice. Every case is fact-specific. Please consult with an attorney regarding your individual circumstances.