California is a community property state. Community property includes all property and debt acquired by the couple from the date of their marriage until the marital cut-off date. This includes all real estate, household goods, automobiles, boats, jewelry, etc. Property division and marital debt issues are settled by a signed Final Judgment of Dissolution of… Continue reading →
Posts Tagged ‘couple’
Prenuptial agreements
Many people are under the mistaken impression that prenuptial agreements are only for the rich and famous. This is not correct. A prenuptial agreement can benefit people of all incomes and asset levels. A proper agreement can provide a reassuring source of clarity for any couple. It details each party’s intentions regarding specific assets and… Continue reading →
Can I afford a divorce?
In today’s bad economy, some women are asking themselves if they can afford a divorce and become a one-income family. If you are in a marriage that will not get better, keep in mind that there are ways to minimize the cost of divorce. No one can answer the question of whether it is a… Continue reading →
What is a Waiver of Service?
A Waiver of Service comes into effect at the beginning of a divorce case. It removes the need for a private process server to present you or your spouse with the Original Petition for Divorce at home or on the job. You are under no obligation to sign a Waiver of Service and if you… Continue reading →
Can I get an annulment?
An annulment legally ends a marriage; it is as though the marriage never occurred. In order to file for an annulment, certain criteria must be met. These include: · Age – if one of the parties is not of legal age of consent · Mental incapacity – if a person is under the influence of… Continue reading →
What is a common law marriage?
A common law marriage is created by cohabitation between two people for a certain period of time without an official ceremony. The couple consider themselves married. Most states do not recognize common law marriage and that includes California. However, California courts do recognize palimony. If the couple has lived together for several years and then… Continue reading →
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 →
What are the requirements for filing for a divorce?
In order to file for dissolution of a marriage in California, residency requirements must be met. According to California Family Code Section 297, the couple is not allowed to file papers unless one of the parties has been a resident of California for at least six months and has lived in the county where the… Continue reading →
Protecting your assets before, during and after a divorce
Depending on a couple’s finances, a divorce can be financially crippling to both parties. Knowing what to do can help protect you financially. A pre-nuptial agreement written by the couple before marriage details the division of assets in case the marriage ends in divorce down the road. In most cases, it does not cover child… Continue reading →
Coping with emotions during a divorce
Anyone going through a divorce knows that regardless of the situation, there is a lot of emotional stress involved. It is especially difficult when the divorce is being contested and there is a lot of conflict, but even during a relatively peaceful process, individuals oftentimes find they are angry and depressed. Many individuals find they… Continue reading →
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