Posts Tagged ‘attorney’

Division of property during divorce

One of the most challenging and stressful aspects of the divorce process is property division.  At the end of a marriage the couple must divide property acquired during their marriage.  This process can be simple or it can be complex. In California, all property acquired during the marriage becomes community property and must be divided… Continue reading →

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What constitutes a change of circumstance?

Do you need to change your custody arrangement?  There are a number of reasons that add up to a change that is substantial enough to warrant a change in circumstances. In order to request a modification, it must be a reason that was not known at the time of the original proceedings.  For example, are… Continue reading →

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Divorce and a restraining order

A restraining order can be an important tool in an individual’s domestic violence safety plan.  However, when it comes to divorce, it can be used as a strategic weapon.  If a restraining order is abused, it has the potential to hurt a parent’s chances of child custody and/or visitation. A restraining order is a court-ordered… Continue reading →

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Spousal support rights

Not all women or men are entitled to spousal support after a divorce or separation although once upon a time, support was awarded because of the notion that the spouses are supposed to support each other throughout the marriage. Spousal support is a payment from one spouse to another; it is paid for the purpose… Continue reading →

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What happens during the divorce process?

Although there are some divorces that are easy and involve minimal help from an attorney, there are many that are not simple and require a lot of time from an experienced Orange County Divorce attorney. The divorce process: ·     One of the spouses initiates the process by filing a complaint with the court listing the… Continue reading →

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Separation versus Legal Separation

No marriage begins with the idea of ending in divorce or a legal separation, but many do.  What is the difference between separation and legal separation? Being ‘separated’ is when a couple fights and one of the spouses moves out of the home for a while – until things cool down. A ‘legal separation’ is… Continue reading →

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Allocation of debts

Besides the division of assets, the allocation of debts is one of the most important issues to settle during a divorce. Both parties are responsible for marital debts that were incurred during the marriage.  Generally, the decision regarding the allocation of debts follows the same principle as division of property – all debts must be… Continue reading →

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Modifications

Modification issues for child support, visitation and spousal support often arise after the couple is divorced. When the custodial parent asks for a child support modification, he or she must show that the child’s needs cannot be adequately met based on the support currently being received.  If the non-custodial parent is seeking a downward modification,… Continue reading →

Divorce waiting period

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 →

Is your spouse cheating on you?

Has your spouse become distant and stays away from home a lot?  Do you have the feeling that your spouse has been cheating on you? If you answer yes to some or all of the following questions, you may have a cheating spouse. ·     Is your spouse being secretive when on the phone or computer?… Continue reading →

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