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 →
Posts Tagged ‘ex-spouse’
Paying child support
When a marriage ends, parents still have a legal obligation to ensure their children have the financial means to carry on the same standard of living they had before. A question that many ask is, “Will I have to pay child support if I have custody of my child at least half of the time?”… Continue reading →
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 →
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 →
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 →
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 →
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 →
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 →
What does your child want?
Are you going through a divorce? Do you have a child who is old enough to express his or her views on which parent he or she wants to live with? In determining the best interest of the child, the court may consider the child’s preference. According to Family Code Section 3042(a), “If a child… Continue reading →
Determining child support
One of the most important issues in a divorce process is child support. California law requires child support to be calculated based on several factors that include income and employment of each spouse. The formula used is set forth in the California Family Code and is known as a guideline. The court order for child… Continue reading →
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