Are you aware that there is a divorce waiting period when filing for divorce? This is to make sure that the couple is absolutely certain about ending their marriage. California law requires a six-month waiting period that begins the day of filing. After six months plus one day after the filing date, the divorce papers… Continue reading →
Archive for the ‘Property division’ Category
What is a litigated divorce?
Divorce is not a one size fits all. Every divorce is different. Some couples agree amicably to get a divorce and work out the issues involved on their own. They may even do their own paperwork or hire one attorney to prepare all the necessary documents. This type of divorce is considered relatively fast and… Continue reading →
Dividing property during a divorce
During the divorce process the couple must divide the property they acquired during the marriage. Oftentimes it is a simple process, but there are times when it is not. California is known as a community property state and is divided equally. Any property that was obtained before the marriage is considered separate property and is… Continue reading →
What is a marital separation agreement?
A marital separation agreement is a written contract that divides marital property, details your rights during this time, and details issues such as spousal support and custody. It may be drawn up before or after you file for divorce. If you decide to initiate divorce proceedings, the agreement can be attached to the divorce papers… Continue reading →
Pet custody
Today, the family pet is more than just a possession. He or she is part of the family – a child to the couple who does not have any children. To most pet owners, a dog or cat holds a special place in the heart and living without the furry friend can be devastating. It… Continue reading →
Divorce and the family home
Keeping the family home can be quite challenging during divorce, especially if the parties have little or no equity in it. Once upon a time, families owned their homes outright without any mortgage payments. Today is a different story – many mortgage payments cannot be made or worse, homes are in foreclosure. Today’s economy has… Continue reading →
Who keeps the house after divorce?
While divorce proceedings take place, both parties usually want to stay in the family home. It’s a safe place to be while everything around them seems uncertain and scary. Two questions that often come up are, 1) “How will the mortgage payment be made?” and 2) “Does it make financial sense to live there?” It… Continue reading →
Signing divorce papers
What do you do when your spouse refuses to sign the divorce papers? Start the divorce proceedings because you do not need him to agree in order to obtain a legal divorce. A court appearance will be scheduled and it is up to him if he wants to appear. However, if you want cooperation from… Continue reading →
Marital debt division
When a couple gets divorced, they are faced with the dilemma of dividing up their debts as well as their assets. The division of marital debt and assets is a complicated area of family law. California Family Court has the right to divide joint debts between the couple, regardless of whose name is on the… Continue reading →
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