Orange County Mediators at OC Dispute Resolution Services, LLP help you to make fully informed choices about the best way to resolve your disputes. There are many different things to consider when you decide whether you should litigate a dispute or explore alternative dispute resolution options, and you should get the right legal advice to decide which course of action is best for your particular situation. One of the most common types of alternative dispute resolution that you should consider is mediation, and mediation has many benefits although it is not appropriate in all circumstances.Read More
Divorce Mediator Eileen M. Solis will be speaking at 27th Annual Pathways to Prevention Conference on March 25th from 7:30 am - 4:15 pm. Ms. Solis has been actively involved in child abuse issues in Orange County for over a decade.
The Raise Foundation is pleased to present its 27th Annual Child Abuse Prevention and Treatment Conference. With over 30,000 reported cases of child abuse and neglect in Orange County last year, The Raise Foundation offers this conference to inspire and equip professionals in fields related to the wellness of children. The ultimate goal is to better strengthen families, prevent child abuse, and develop innovative strategies to improve outcomes for at-risk children and their families. The conference includes a highly respected keynote speaker, breakout sessions, closing panel of experts, and exhibitors. CEUs will be offered to LCSWs and MFTs; CMEs will be offered to medical professionals; and POST credits are pending for law enforcement.
Orange County Divorce Mediator, Eileen M. Solis has obtained additional training and certification in Mediation by the Strauss Institute of Dispute Resolution, part of Pepperdine University. Strauss is world renowned and universally known as one of the top Mediation institutes in the world. Congratulations Eileen!
Eileen continues her mediation practice in Orange County and handles divorce and family law mediations exclusively. Call today to set up your Mediation with Eileen.
Our divorce Mediator, Michele M. Charbonneau, has obtained additional training and certification in Mediation by the Strauss Institute of Dispute Resolution, part of Pepperdine University. Strauss is world renowned and universally known as one of the top Mediation institutes in the world. Congratulations Michele!
Michele continues her mediation practice in Orange County and handles divorce and family law mediations exclusively. Call today to set up your Mediation with Michele.
Partners owe certain duties to each other and the partnership. These duties are known as fiduciary duties. The Corporations Code outlines the fiduciary duties each partner owes to the partnership, as well as the other partners. Breach of a fiduciary duty generally entitles the non-breaching partner(s) to a remedy. Fiduciary duties cannot be waived by agreement. California law recognizes four (4) fiduciary duties: duty of care; duty of loyalty; duty of obedience; and, duty of good faith and fair dealing.
Pursuant to the duty of care, a partner must refrain from grossly negligent or reckless conduct, intentional misconduct, or a knowing violation of the law.
A partner’s duty of loyalty includes all of the following: (1) to account to the partnership and hold as trustee for it any property, profit, or benefit derived from the partnership business; (2) to refrain from dealing with the partnership as or on behalf of a party having an adverse interest to that of the partnership; and, (3) to refrain from competing with the partnership in the conduct of the partnership business.
A partner’s duty of obedience to the partnership and other partners ensures that the partner will act in a manner consistent with the partnership’s business purpose and mission. The partners have a duty to guide and oversee the functions of the business, so that it operates in accordance with its purpose and mission.
A partner shall also discharge the duties of the partnership and the other partners under the Corporations Code and/or the Partnership Agreement and exercise any rights consistently with the obligation of good faith and fair dealing. A partner must not take any unfair advantage of the partnership or other partners and must not enjoy any greater rights. A partner must not obtain a secret profit or any undue benefit at the partnership’s expense.
Why is the date of separation important?
The date of separation is important in a divorce, because the court generally measures the Parties’ assets and debts from the date of the marriage to the date of separation. Sometimes the date of separation has little effect on the division of property, but other times, it plays a big role.
Typically, the date of separation becomes an issue when one spouse acquires wealth or debt around the alleged date of separation. Like business partners, spouses share the community debts and assets. Therefore, if during the marriage one spouse makes a lot of money or acquires a lot of debt, the Parties will generally share in that wealth or debt. The importance of the date of separation is best illustrated by example.
Let’s take a twist on a well-known California divorce case. You and your spouse have been arguing a lot and divorce is looming. There’s been talk of separation, but you’re still carrying on the marriage as usual and living comfortably in the marital home. At some point, your spouse decides to call it quits and moves out of the marital home with no intent of resuming the marriage. The date that this occurs is most likely your date of separation.
Your spouse claims that the date of separation is January 5th. You claim that the date of separation is January 9th. Now why does this matter? It’s only a four (4) day difference after all. It matters because on January 7th your spouse purchased a winning California lottery ticket. Therefore, if the date of separation was January 5th (before the lottery ticket was purchased), the community assets were worth $100,000. But, if the date of separation was January 9th (after the lottery ticket was purchased), the community assets were worth $100,000,000.
Absent a prenuptial agreement, lottery winnings during marriage are usually considered community property. Thus, if you had not separated by January 7th, when the ticket was purchased, you would likely be entitled to half the lottery winnings. However, if you and your spouse had separated by January 7th, then it is unlikely you would receive any of the winnings.
On the other hand, if your spouse took out a $1,000,000 loan on January 7th, you would most likely be arguing that the date of separation was January 5th, instead of January 9th. In this instance, the date of separation would be important for determining whether you are required to share in the $1,000,000 debt.
Determining the precise date of separation can be important to your case.