Clement, Fitzpatrick & Kenworthy Incorporated.Practical Solutions For CLIENTS BASED ON REAL-WORLD EXPERIENCE2026-08-19T13:20:08Zhttps://www.cfk.com/feed/atom/WordPress/wp-content/uploads/sites/1201533/2021/09/cropped-CFK_site_icon-32x32.jpgOn Behalf of Clement, Fitzpatrick & Kenworthy Incorporated<![CDATA[How long does spousal support last?]]>https://www.cfk.com/?p=479012026-08-14T13:20:38Z2026-08-19T13:20:08ZA common concern during a divorce is how long spousal support will last. However, every situation is unique and there is no set timeline.
Spousal support isn’t always guaranteed when a marriage ends. Furthermore, several factors are considered when determining payment amounts and the duration of payments.
What is spousal support?
Spousal support, also known as alimony, is financial assistance one spouse pays to the other when the couple separates or divorces. The purpose of spousal support is to help ensure the lower-earning spouse maintains financial stability as they adjust to life after divorce and does not fall into poverty.There are generally two types of spousal support:
Temporary spousal support, which is paid while the divorce is pending
Long-term (or permanent) spousal support, which may be ordered as part of the final divorce judgment.
However, although the term “permanent” support is used, it doesn’t mean the support will last forever.One of the biggest determining factors in determining how long spousal support will last is thelength of the marriage. For marriages lasting less than 10 years, the general rule is that support lasts for half the length of the marriage. For example, for a marriage lasting eight years, one spouse may receive support payments for four years. But this is just a guideline, and judges can use their own discretion based on the facts of each case.Marriages lasting 10 years or longer are considered marriages of “long duration,” and there is typically no automatic end date for spousal support. The judge may retain jurisdiction over the support and allow it to continue until it’s modified, terminated or the court decides otherwise.Other factors that determine how long spousal support will last include:
Each spouse’s income and earning capacity
The couple’s standard of living during the marriage
Each spouse’s age and health
Whether one spouse sacrificed career opportunities to support the other spouse’s career or care for children
Whether you’re paying for or receivingspousal support, knowing how long it will last is essential to planning for your financial future. A legal representative can review your situation and help protect your interests throughout the divorce process.
]]>On Behalf of Clement, Fitzpatrick & Kenworthy Incorporated<![CDATA[What buyers should verify before acquiring a winery]]>https://www.cfk.com/?p=479082026-08-13T13:48:07Z2026-08-18T13:47:17ZOn paper, a winery can look like a turnkey investment: mature vines, a known label and a tasting room that already draws visitors. Yet its value rests on details that rarely show up in a listing. A careful review before you sign protects you from inheriting problems the seller may never mention. A few areas deserve your closest attention.
Land and water rights that support winery operations
Grapes need water, and in California the right to use it is not automatic. Riparian rights attach to land that borders a stream. Appropriative rights to divert surface water generally require a state permit. Since how surface water rights work depends on the source and the start date, confirm that the rights tied to the property cover the irrigation the vineyard relies on.Check parcel boundaries and easements too, and note any Williamson Act contract, which restricts the land to agricultural use in exchange for lower taxes.
Permits and licenses that match the buyer's business plan
Every commercial winery in California operates under a state-issued license, usually a winegrower's license from the Department of Alcoholic Beverage Control. It authorizes making wine and selling it through approved channels. But the licensing and compliance process grows as an operation expands.A tasting room, direct-to-consumer shipping or on-site events may need permits the seller never held. Producers also carry a federal basic permit from the Alcohol and Tobacco Tax and Trade Bureau, so confirm both sets of approvals fit your plans.
Financial records and contracts that affect the winery's value
A winery's price should reflect what its books and contracts actually show. Ask for several years of tax returns and profit-and-loss statements, plus an inventory of bulk wine, bottled stock and equipment.Existing agreements deserve equal scrutiny, since grape supply contracts, distribution deals and vineyard leases often bind the next owner. Because structuring a business purchase decides which of these obligations you inherit, sort out each one before you settle on a price.
Due diligence results that can shape the final deal
What this review turns up is not just reassurance; it is leverage. A shaky water right, a license that will not transfer cleanly or a distribution contract with punishing terms can justify a lower price, an escrow holdback or conditions the seller must meet before closing.Sometimes the findings show the deal does not fit your goals at all. Treat due diligence as the stage where the real terms take shape, and bring in advisors early enough that any red flag can still change the outcome.]]>On Behalf of Clement, Fitzpatrick & Kenworthy Incorporated<![CDATA[What happens to leases when you buy commercial property?]]>https://www.cfk.com/?p=479062026-07-28T09:45:37Z2026-07-31T09:44:14ZHow leases affect your deal
An existing lease may provide rental income, but its terms may limit how you use the property. Renewal rights could delay redevelopment, while purchase rights may affect a future sale.
Lease terms may also affect the property's financial performance. Maintenance obligations or commitments to improve tenant spaces could add costs after the transaction closes.
Legal issues with existing leases
As the buyer, you may become the new landlord and assume certain obligations tied to existing leases. The original agreements and later amendments may define the tenant's rights and the landlord's responsibilities after the sale. Lease provisions that may affect the transaction include:
Side agreements may add other commitments. Unresolved tenant disputes and claimed landlord defaults may also affect the transaction.
Existing leases can change the deal
A commercial property may fit your investment or development goals on paper, but existing lease rights can change what the property offers in practice.
Before closing, it can be useful to compare the lease terms with your intended use of the property. That comparison may reveal costs, restrictions or tenant rights that could affect the value of the deal.]]>On Behalf of Clement, Fitzpatrick & Kenworthy Incorporated<![CDATA[5 key considerations before opening a second business location]]>https://www.cfk.com/?p=479052026-07-14T09:40:04Z2026-07-17T09:38:58ZLocal demand may differ from past success
Success in one location does not guarantee the same outcome elsewhere. Customer habits, traffic and nearby competitors can vary by neighborhood. For example, a café near office buildings may rely on weekday lunch sales. That business model might struggle in a residential area.
Licensing rules vary by jurisdiction
A new city or county can have different zoning, building, health and permit rules. Approval for the first site usually does not cover another address. Checking those rules before signing a lease can prevent delays. It may also reduce the risk of choosing a property that does not allow the planned use.
Business filings may require updates
The same legal entity often remains in place when a company adds another branch. In California, corporations and limited liability companies may need to update their public records with the Secretary of State. That process often includes filing a Statement of Information when required under the entity's reporting obligations.
Tax and staffing duties often increase
A new retail site usually needs registration for sales and district taxes. Hiring more workers also creates payroll and wage-and-hour compliance obligations. A separate federal Employer Identification Number (EIN) is generally not required unless the ownership or entity structure changes.
Management demands can be more complex
A second site often requires strong oversight and clear internal systems. Staffing plans, financial controls and reporting methods should function consistently in both locations. Without that support, the new site could place strain on the original business.
Why careful planning matters
Opening another site changes the way a company operates. It also brings compliance duties and business risks. Reviewing those issues early may lead to a sounder expansion decision.
Legal guidance can help identify the filings, licenses and regulations tied to the proposed site. Addressing those matters before opening may reduce compliance problems and create a more orderly launch.]]>On Behalf of Clement, Fitzpatrick & Kenworthy Incorporated<![CDATA[How local flora and fauna may impact property development]]>https://www.cfk.com/?p=478922026-06-18T12:30:31Z2026-06-23T12:29:50ZEndangered species have legal protection
California has some of the most robust environmental laws in the nation, including development permitting rules that aim to protect endangered species, including all native species local to the region. The state recognizes numerous species as endangered, meaning that they have protection from displacement or destruction is part of a development project.
Those intending to develop a parcel typically need to bring in outside professionals to assess the wildlife and plants present on the parcel. They must determine what impact development may have on any vulnerable species living nearby, especially if the property includes a source of water or food for endangered species. The failure to comply with those rules could result in major development delays or possibly an inability to move forward with a project.
Retaining the support of a land use attorney is critical when preparing for a development project in California. The presence of endangered animals and plants can drastically alter the type of development possible on a property and the steps necessary for legal compliance when planning a project.]]>On Behalf of Clement, Fitzpatrick & Kenworthy Incorporated<![CDATA[Tips before forming a new business partnership]]>https://www.cfk.com/?p=478902026-06-05T12:57:55Z2026-06-10T12:57:08Zforming a partnership, the people involved should understand the expected contributions and how decisions will be made. Conversations at the start of the partnership should go far beyond just being enthusiastic about a business idea.
Talk about the expectations
One of the most important things to do before you go into business with a partner is to make sure that the foundation toward the shared goal is set. A business partner who wants rapid growth will have a plan that’s must different than one who’s focused on sustainable growth.
Some of the topics that should be considered include:
Money
Time commitment
Management duties
Ownership percentages
Long-term goals
Everything that’s decided during these discussions should be put in writing so there’s no debate in the future about them. The more detailed the partnership agreement, the less of a chance issues will occur later.
Manage disputes early
Even though business partners may believe that they will never have disagreements, it’s best for them to take the time to set expectations for disputes. Keeping the dispute away from the business, being willing to compromise and making plans that are best for the company, etc. are all wise starting points.
Forming a business partnership is a major business decision, so it’s critical that you set up a company properly. Working with a skilled legal team can be beneficial as you’re going through this position accordingly.]]>On Behalf of Clement, Fitzpatrick & Kenworthy Incorporated<![CDATA[How long do you have to respond to a divorce in California?]]>https://www.cfk.com/?p=478892026-05-22T12:44:25Z2026-05-27T12:43:19ZIn California, you typically have 30 days to file your response to a divorce petition. If your spouse is the one who filed for divorce, they need to serve you with the petition, which starts the countdown on your end. You do not have to respond immediately, but it is important to work quickly so that you submit your response within the appropriate timeframe.
If you have exceeded the timeline, then you can check with the court to see if a default has been entered. This means that the divorce case is moving ahead without your involvement. If it has not, then you can look into options to submit your paperwork. But if a default has been entered, this can complicate the case.
What is a default judgment?
A default divorce judgment just means that the court can still rule to end the marriage, even without your cooperation or response. Your spouse will propose certain terms when it comes to things like child custody rights or division of marital assets. They can present evidence to the court and make financial disclosures.The law is set up this way because it keeps people from being trapped in a marriage. You may have just accidentally missed the deadline, but there are people who intentionally refuse to respond to the divorce petition, thinking it will get their spouse to drop the case. But by using a default judgment, they can simply continue the divorce process on their own.Submitting the divorce petition and a response is just one of the first steps to take. As you and your spouse move through the court system, be sure you know exactly what legal rights you have.
]]>On Behalf of Clement, Fitzpatrick & Kenworthy Incorporated<![CDATA[How to avoid business disputes that slow your growth]]>https://www.cfk.com/?p=478712026-05-08T10:46:56Z2026-05-13T10:44:38ZBusiness disputes can slow growth, damage professional relationships and create unnecessary financial pressure. Whether the issue involves contracts, partnerships, clients or suppliers, unresolved conflicts can quickly disrupt daily operations and long-term business goals.
While no business is completely protected from disputes or litigation, there are practical steps companies can take to reduce risks and stay prepared.
Build clear business structures
One of the most important ways to reduce disputes is to create a clear legal and operational structure for the business. Keeping personal and business matters separate can help protect owners from unnecessary liability.Having clear agreements between founders, partners and stakeholders also helps reduce misunderstandings about responsibilities, ownership and decision making.
Use detailed contracts and documentation
Many business disputes begin because expectations were never clearly documented. Contracts should explain payment terms, timelines, responsibilities and dispute resolution procedures.Keeping organized records of agreements, invoices, emails and transaction receipts can also help resolve disagreements before they become larger legal conflicts.
Address conflicts early
Ignoring small disagreements can allow them to grow into expensive disputes. Addressing concerns quickly and professionally often helps prevent unnecessary escalation.Also, open communication and early negotiation can preserve business relationships while reducing the chances of formal litigation.
Maintain proper insurance and compliance
Businesses should regularly review their insurance coverage to ensure they are protected against possible claims and financial losses. Coverage may help with issues related to property damage, employee disputes or customer claims.It is also important to stay compliant with licensing requirements, employment regulations and industry standards to avoid unnecessary legal exposure.
Protecting your business for long-term growth
Business disputes can consume valuable time, money and energy that could otherwise support growth and expansion. Taking preventive steps early can help create a more stable and secure business environment.Seeking professional and reliable legal guidance can help business owners review contracts, improve risk management strategies and better protect their businesses from costly disputes and litigation.]]>On Behalf of Clement, Fitzpatrick & Kenworthy Incorporated<![CDATA[Appraisal gaps can affect commercial real estate transactions]]>https://www.cfk.com/?p=478002026-04-23T13:26:48Z2026-04-28T13:26:09ZWhat causes an appraisal gap?
An appraisal gap is essentially the difference between the appraised value of a property and the amount offered by a buyer. Lenders generally want to ensure that the amount of financing they extend is recoverable in the event of a buyer’s default.
If the buyer does not have the capital to make up the difference between the appraised value and the offer they made, then they may need to cancel the closing. Various factors, including a thorough assessment of the land itself or the condition of outbuildings, could influence what an appraiser determines the property is actually worth.
Some buyers might attempt to secure financing with another lender, which could lead to a new appraisal. Even then, however, there is still a risk of the appraisal coming in too low.
Working with real estate professionals to integrate appropriate contingencies into commercial real estate offers can help buyers protect themselves from the risk of financial losses and legal controversies following low appraisals. An attorney's insight can help people avoid appraisal gaps to begin with, and handle them effectively if they interfere with a transaction.]]>On Behalf of Clement, Fitzpatrick & Kenworthy Incorporated<![CDATA[Good reasons for a solid partnership agreement]]>https://www.cfk.com/?p=477982026-04-09T11:35:48Z2026-04-14T11:35:11ZMaybe you are just starting out in the real estate business, or perhaps your business is booming and you have decided to take on a partner to shoulder the load. There are many good reasons to form a business partnership that can benefit all parties as well as the company.
But when joining a business partnership, it is vital to enter into a legally binding partnership agreement.
What’s wrong with a handshake deal?
Long ago, deals were often sealed with just a handshake. But these are different times, and verbal agreements and handshake deals are at a distinct disadvantage if challenged in court.Courts look at the evidence brought out in trial. Without a legitimate document describing your partnership agreement and all it entails, you could lose your argument in court.
It should cover all bases
An air-tight real estate partnership agreement can get granular about details, like the division of labor and who deals with which aspects of the company. Failing that, the partners can get so occupied with avoiding stepping on each other’s toes that the business suffers.Most business partners are more comfortable when everyone knows the roles they are slated to play. Then they can excel while still staying in their own lanes of expertise.
Partnership agreements include business succession plans
None of us has a lease on life, which is why it is paramount for business partners to have a plan in place for the business if one of the partners dies or gets divorced. California business owners are subject to the laws of community property, so your business plan should address your concerns for the company going forward.