Elizabeth Yang

Generally, yes. California is a community property state, so assets and debts acquired during the marriage are usually divided equally (50/50) between the spouses. However, exceptions exist: for example, property one spouse owned before marriage or received by gift or inheritance can be considered separate property and is not split equally. Each spouse keeps their own separate property while community property is divided as evenly as possible.

At least six months. California law imposes a minimum 6-month waiting period from the time the divorce petition is served until a divorce can be finalized. Even in an uncontested divorce (where both parties agree), you must wait out this period. Contested divorces or complex cases (involving disputes over children, property, etc.) can take much longer due to court schedules, negotiations, and possible trial proceedings.

Custody is determined based on the best interests of the child. California courts consider many factors, such as the child’s age and health, emotional ties with each parent, each parent’s ability to care for the child, and the child’s ties to home, school, and community. Judges aim for arrangements that promote the child’s welfare and stability. (In California, “legal” custody refers to decision-making power, and “physical” custody refers to who the child lives with. Courts often encourage joint custody when appropriate, but not necessarily a 50/50 time split.)

Choosing a business structure depends on your specific needs and goals. California recognizes many forms of business entities – e.g. C or S corporations, Limited Liability Companies (LLCs), Limited Partnerships (LPs), General Partnerships, etc. Each type has different legal and tax implications. Important factors include the level of personal liability protection, tax treatment, management structure, and future financing or ownership plans for your business. It’s wise to consult a business attorney or advisor who can help evaluate these factors and determine the best entity for your situation.

No, not generally. California law prohibits most non-compete agreements as invalid, except in very limited circumstances (such as when selling the goodwill of a business or in dissolution of a partnership). This means you usually cannot prevent a former employee or business partner from competing with you after the relationship ends. Instead, companies in California protect their interests with tools like nondisclosure agreements (NDAs) to safeguard trade secrets and confidential information.

If another party breaches a contract (fails to perform as promised), you may need to take legal action to enforce the agreement. The non-breaching party can file a lawsuit seeking remedies such as damages to compensate for losses caused by the breach. It’s important to keep a copy of the signed contract as evidence of the terms. In many cases, the goal of a legal remedy is to put you in the position you would have been in had the breach not occurred. Because contract law can be complex, consulting an attorney to understand your rights and the best course of action is highly recommended.

While not every minor issue requires a lawyer, it is often beneficial to hire a business attorney for legal matters. Business law can be complicated, and an experienced attorney can help protect your interests and prevent costly mistakes. Many people try to handle contracts, disputes, or formations on their own to save money, but they may inadvertently hurt their business or miss important legal protections. A skilled lawyer adds value by navigating complex regulations, negotiating on your behalf, and increasing your chances of a favorable outcome.

It depends on the nature of your creation. Different forms of intellectual property (IP) protect different things:

• Trademarks protect names, logos, or symbols that distinguish your product or brand (e.g. a business name or logo).

• Patents protect inventions or discoveries that are new, useful, and non-obvious – giving the inventor exclusive rights to the invention for a period of time.

• Copyrights protect original works of authorship fixed in a tangible medium (like books, music, art, software code) – guarding the expression of the idea, not the idea itself.

• Trade Secrets protect confidential business information (like formulas or processes) that derive value from being secret.
  In short, the right type of IP protection depends on your work: use a trademark for brand names or logos, a patent for inventions, a copyright for creative works, and so on. Often, consulting an IP attorney can help determine the best protection strategy for your specific situation.

IP rights have different durations:

• Patents typically last 20 years from the application filing date (for most utility patents). Design patents last 14 years. After expiration, the invention enters the public domain.

• Trademarks can potentially last indefinitely, as long as the owner continues to use the mark in commerce and renews it as required. There is no fixed term – ongoing use and periodic renewal (every 10 years for federal trademarks) keeps the protection in force.

• Copyrights for works created after Jan 1, 1978 last for the author’s life plus 70 years. For works made for hire or anonymous works, the term is 95 years from publication or 120 years from creation, whichever is shorter. These timeframes ensure the creator (and their heirs) have exclusive rights for a long period, after which the work becomes public domain.