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.

What is Separate Property in a Divorce?

Separate property is defined as an asset that was acquired before the date of marriage, acquired after the date of marriage or acquired during the marriage by way of a gift or inheritance. Generally, characterization is determined by the date of acquisition. If an asset is not separate property, it is community property. The court confirms separate property to a spouse in a divorce and equally divides community property.  The courts are not required to divide each individual asset equally, rather it may distribute the assets to each party as it chooses but the total assets awarded to each party must have equal values.  The court has the power to sell an asset if it chooses to generate cash, in order to equalize the assets and it may also award assets in a disproportionate manner and order the party receiving assets with a greater value to pay the other party an equalization payment in a sum that ultimately results in an equal division of the total assets. However, ordering an equalization payment further complicates the issues, in that the interest rate on the sum owed and the duration of the payment can be disputed.

How Do Divorce Courts View Inheritances and Gifts?

An inheritance is the separate property of whichever party receives the bequest, regardless of when the inheritance is received.  The other spouse cannot be awarded a portion of the separate property inheritance. However, earnings or imputed earnings on an inheritance may be considered a source for the payment of child support or spousal support.

A gift is the separate property of the recipient of the gift, regardless of when the gift is received.  There are specific statutes and cases that address what may qualify as a gift. For instance, a spouse cannot give the other party a vehicle as a valid gift unless there is a writing that expressly states that the ownership of the vehicle is to be transmuted to the party receiving the gift.  in other words, an intention to give the vehicle as a birthday gift with the car wrapped in wrapping paper with a bow and a choir singing happy birthday would still not cause the transaction to be a valid gift.

What is Community Property in California?

Assets are characterized as separate property or community property.  Generally, characterization is determined by the date of acquisition.  However, there are exceptions.  In the State of California, there is a presumption that property acquired between the date of marriage and the date of separation is community property. This presumption is rebuttable, meaning that facts may cause the presumption to be disregarded. The presumption may be rebutted with the title of the property or with proof that the asset was acquired with separate property.  If an asset is acquired during the marriage with the separate property of one spouse, the asset may be that party’s separate property.

How are Earnings of Separate Property Characterized?

Earnings of separate property are separate property. Earnings of community property are community property. For example, if a share of stock is separate property and it pays a dividend, that dividend is separate property. If a savings account is separate property, that interest earned by the funds in the account are separate property. If a business is separate property, earnings distributed by the business are separate property. If the dividend, interest or distributions of separate property are used to buy another asset, generally that asset will be separate property.

How is a Business Characterized in a Family Law Case?

A business owned before the date of marriage are the separate property of the owning spouse. The character of an asset is determined by the date of acquisition.  If the owner-spouse works in the business during the marriage and the business increases in value during the period between the date of marriage and the date of separation, the community may have a right to reimbursement of either the amount of  under-compensation  of the spouse working in the business or a portion of the increase in value of the business after a reasonable  investment  return to the owner-spouse  on the value of the business after the date of marriage. The type of return paid to the community, in the form of a right to reimbursement, is determined by determining the main driver of the increase in value of the business during the marriage. The two cases that established these formulas are Van Camp and Periera. Van Camp is generally applied where the business is capital intensive and Periera is generally applied in a personal service type business. It is not always clear which formula is to be applied.  It is possible for the court to apply one formula during one part of the marriage and the other formula during the other part of the marriage, although that is rare.  Such a split would occur when there was a major change the nature of the business during the marriage.

Can the Community Acquire an Ownership Interest in a Separate Property Business of One Spouse During the Marriage?

Neither the community nor the non-owner spouse can acquire an ownership interest in the business. The recovery is limited to the right to reimbursement. If the right is to any under-compensation to the owner-spouse, the amount is the total under-compensation to the owner-spouse during the marriage less income taxes and not including any interest. The non-owner spouse would receive 50% of that sum. If the recovery is based on a portion of the increase in value during the marriage, the return paid to the owner, before the right to reimbursement, is an interest rate paid on a long-term secure investment or an industry rate. This rate could be seven percent , ten percent or an industry rate which in one case was set at 12%.

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?

A business formed or purchased during the marriage is presumed to be community property. The business is generally awarded to the spouse who is operating the business and is valued using one of the valuation methods accepted by the courts.  Courts have wide discretion in valuing businesses but cannot use a method that speculates about future earnings. The two most common methods are know as the ‘capitalization of earnings’ which is an income approach and the ‘capitalization of excess earnings’ which is an asset approach.  Often forensic accountants use both approaches. The case law is clear that the real valuation is the investment value, which is the value of the business as an investment to the owning spouse. The value is not necessarily what a business could be sold for.  The spouse is awarded the business is charged with the value of the business without any adjustment for potential future capital gains.  If there is an equalization payment to be paid to the other spouse, the payment is an after-tax payment and is not deductible for tax purposes by the paying spouse and not includible to the recipient spouse.

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.

How Can the Community Acquire an Interest in a Separate Property Residence?

If a party owns a home before the date of marriage, that residence is that parties, separate property. If the mortgage payment includes a partial paydown of the mortgage with each payment, and the mortgage is paid with community property, the community acquires a pro-tanto interest in the residence (not a right to reimbursement). The amount of the interest is determined by the amount of the paydown of the mortgage and the amount of the increase in the value of the home after the date of marriage. 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.

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?

One of the first issues that is addressed in a divorce is the date of separation, which is defined as the date when one party clearly and unambiguously states to the other that the relationship has ended. A trail separation is not a separation, in that it is not a final separation. Moving out of a residence is not, by itself, a separation. Of great relevance is, what words were spoken at or about the time of the separation. The end of sexual relations between the parties, is not by itself, a separation in the same way as ceasing to wear wedding rings will generally not constitute a separation depending on other factors. The date of separation may be determined by the totally of the events occurring at the time.

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?

The earnings of a party after the date of separation, are that party’s separate property. Expenditures made after separation may be categorized as the separate debt of the party incurring the expense. If the parties are using joint credit cards or the same checking account, sorting out whose expenses are whose, can be time consuming and very expensive. Often a forensic accountant is involved in the project and sometimes the differences are significant enough that the matter is litigated. The simple solution is at or about the date of separation, separate the credit cards and checking account.

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 Tips to Consider After the Date of Separation?

If you are separating, consider the following potential actions

1. Deposit your pay check in a new and separate account
2. Separate finances and start using a new and separate checking account
3. If you cell phone is on a family plan change providers
4. Change all of your passwords
5. Set up an email account to communicate with your lawyer that is not an email address that your spouse has access to 6 stop social media postings 7 consult with a divorce lawyer before making any significant financial decisions, investments, or purchases

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.
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

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.