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.
From a legal perspective, the term for representing oneself is “pro se.“ Pro se divorce is best suited for simple, straightforward cases. An amicably split short marriage with no children or property is the best fit.
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.
When you file first, you’ll have more time to find and organize. You define the temporary orders. You can save up for legal fees and other costs. However, if you aren’t prepared, you can make a bad impression in front of the judge. Don’t file first just to be first.
Your business is a divisible asset, but there are scenarios in which it will remain separate. If the business is divisible, there are several ways to move forward. One partner can buy out the other, you can continue as business partners, one spouse becomes a silent partner, while the other takes over the day-to-day. If an agreement can’t be reached, you may be forced to sell the business and divide the proceeds.
The established date of separation is the date on which one spouse expresses intent to dissolve the marriage, not the date one spouse moves out or files a petition. Once the date of separation is established, that’s the cut-off point. After that, any monies earned, property acquired, pension or retirement benefits accrued, belong to one spouse, not both.
California has a 6-month mandatory waiting period. The clock starts when the other party is served or files a response, whichever comes first. Common factors that lengthen the process include contention over asset division, custody disputes, and determination of support payments. A divorce may require a period of discovery or investigation.
