When a spouse owns a home prior to marriage and community funds are used to pay down the property, it creates a community property interest. The state of California uses a formula called Moore Marsden to determine if one spouse should receive any money due to contributing mortgage payments.
Gray divorce refers to marriages ended by spouses over 50. There are a number of issues to be aware of; this includes retirement plans, spousal support, health insurance, estate planning, life insurance, and more.
Do-it-Yourself divorce has never been more accessible than it is now. But just because you can, doesn’t always mean you should.
How does birdnesting work? Instead of the children bouncing back and forth between mom/dad, they stay put and the parents trade places.
Laws vary from state to state and county to county. You don’t have to file where you were married, but California has 6 month residency requirement, and only one spouse need be a resident. The county residency requirement is 3 months.
Discovery compels each side to reveal what evidence and information they have, such as producing documents, taking witness testimony, and giving depositions.
Whether or not to file for divorce is a big question, but another is whether or not you should file for divorce first, before your spouse.
During a marriage, your life becomes intertwined with that of your spouse, but what about spouses who are also business partners?
The date of separation has a huge impact on divorce, but a significant change to California law is about to alter the landscape.
Key Takeaways: California has a six-month mandatory waiting period before a divorce can be finalized. Six months is the minimum amount of time you will have to wait, and the clock starts ticking when you file the paperwork and serve your spouse. The more complicated a divorce and the more …
The average cost of a divorce in California is $17,500. All cases will incur an initial filing fee. In San Diego, this costs $435 and additional motions bring additional fees. This ballpark range is strictly an estimate; significant assets, children, and how contested the divorce is will all add to the expense. In complex divorces that are highly contentious or go to trial, it is possible for the cost of divorce to exceed $100,000. The cost of a complex divorce will be impacted by the necessity of experts.
Recreational marijuana has been legal in California for a year and a half, how does this newfound status impact child custody disputes?
Summary dissolution presents a solution in the case of short marriages with few complications where the spouses are on the same page.
Court proceedings are generally public records, which include divorce records. The courts seldom seal records on their own, but one or both parties can request that the records be sealed to protect the identity of children or victims of abuse, to safeguard personal information, and to shield proprietary information about businesses.
California’s child support formula is calculated with an actual mathematical equation. It gets complicated, so let us break down all the pieces.
A Guardian ad Litem is an adult appointed by the court to represent the best interest of an individual (usually children) for a specific period of time.
If you file for divorce and share credit card debt with your spouse, in the state of California, you are equally liable for paying it off.
When a U.S. citizen marries a non-resident, the government typically grants the individual status as a Conditional Permanent Resident (CPR), which grants the foreign-born spouse a two-year temporary authorization. In the case of divorce within two years, the USCIS considers the spouse from a foreign country “out-of-status.” If a marriage lasts longer than two years, subsequent divorces often proceed in a normal fashion.
When you file for bankruptcy in California, it freezes all financial matters. Everything related to property, assets, debts, and the rest comes to a screeching halt. This includes the division of property. Until you put the money issues to bed, you can’t finalize your divorce.
The decision to terminate parental rights isn’t an easy one, but in some situations it may be the right move for everyone involved.
Divorce can feel daunting and scary, but it becomes much more manageable when you break it down into a step-by-step process.
I remarried my ex, can we just reuse the divorce decree from the first time around?
“I recently divorced and have full custody of my son. I’d like to legally change his last name from my ex-husband’s to mine. Am I able to do this?”
Pet custody is an evolving legal area. A few states have legislation to distinguish pets from other assets and to protect their rights.
Divorce doesn’t necessarily need to take place in court, there are other options, and two popular choices are mediation and arbitration.
You may need a new place to live after ending your marriage, but it may not be the right time to buy a house during a divorce.
Every divorce has a lot at stake, but high asset divorce presents its own unique problems. Here are some costly common mistakes people make.
California law provides guidelines for courts to use in determining and setting child support payment amounts.
Leaving the marital home without having a strategy in place, can create a significant disadvantage throughout the rest of the divorce process.
People damage their own cases in countless ways. To help minimize that, here are eight things you should never do during divorce.
A “divorce decree” simply refers to the court’s final ruling and judgment order that makes the termination of a marriage official.
Over recent years, January has become known by many as “divorce month,” but just how accurate is that unflattering title?
Not everyone who cares for a child is a biological parent. In some cases, the courts name a de facto parent. Here’s what that means.That’s not always an option, however. A biological parent usually has the inside track, but in situations where the child’s well-being is in question, a de facto parent may assume custody.
After a divorce, you may never want to see your ex again, but if you have kids, meeting during custody exchanges is likely going to happen.
If your divorce requires spousal support, making payments while knowing your ex is living with someone else may be a bitter pill to swallow. You also may be able to do something about it.
During a divorce you lose assets you likely need to replace. Rebuilding your finances post-divorce should be a huge priority.
What we do outside of the office can have a significant impact on our work. Even though we try not to, we often bring the weight of our home lives with us to the day job. It seems like every week we hear about a person getting canned for using …
A legal separation is a formal and legally binding agreement that divides debt, assets, and property between spouses; it will also address the issues of support and custody. Creating a separation agreement is similar to getting divorced, with the main difference being after a legal separation is finalized, you are still married.
Finding the best child custody lawyer for your case is one of the most important things you’ll ever do. Here’s how to go about it.
Sometimes divorce comes out of nowhere. Especially if you live apart. We hear the question often: How can I find out if my wife filed for divorce?
While the prospect of divorce hearings may be intimidating, it definitely helps to go in with an idea of what to expect out of court.
Divorce is emotional and complicated in the best of times, but when there are health issues to contend with, it wreaks havoc on the process.
Every case is different and the unique facts of your case will impact the outcome. So how do you find the best San Diego divorce attorney is for you?
Meeting with a divorce lawyer for the first time can be intimidating and overwhelming, but here are some ways to prepare for your initial consultation.
There are two ways that assets and debts are divided in the US. Forty-one states use equitable distribution and the rest use community property. California practices community property.
An obstinate ex can cause a plethora of challenges during the divorce process, but what happens if she is refusing to sign?
Divorce is tricky business in the best circumstances, but what if you can’t locate your spouse? How do you divorce someone you can’t find?
Being in a relationship with a person with an NPD is difficult. And if want to divorce a narcissist, you may be in for a turbulent ride.
In the last few weeks there have already been significant changes that affect the Divorce and Family Law process. With temporary court closures, it means our efforts now focus on alternative methods of dispute resolution such as Mediation, or binding Arbitration.
Mudslinging is common in ending a marriage, but unfounded abuse allegations all too often have a negative impact on divorce cases.
Vaccines are a hot topic right now, and everyone has an opinion. The fallout from this conflict is everywhere, even in child custody disputes.
You may think of fantasy football as a way to make Sundays more interesting or as a tool to gain bragging rights, but it can also help out divorced dads.
