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 →
Posts Tagged ‘ex-spouse’
Inheritance and divorce
You and your spouse have decided to divorce. You know California is a community property state. What is to become with the inheritance you received from your dad? Don’t be alarmed; an inheritance received during your marriage is considered separate property. However, there are times when it can be considered marital property. One example is… Continue reading →
Understanding visitation rights
A divorce is a life-altering event, and heightened emotions can lead to poor decisions on the part of both parties. When a couple divorces, the court will order child visitation at reasonable places and times and will leave it up to the parents to determine a more exact arrangement and schedule. Reasonable visitation is flexible… Continue reading →
Civil domestic violence
Domestic violence is not always an act of violence against a spouse – sometimes it applies to a partner, a former partner or a person you may be dating. When a divorce is in process, claims of domestic violence are not uncommon, especially for those couples facing child custody cases. This can turn very unpleasant…. Continue reading →
Parenting plan modifications
A parenting plan is a court order that provides a detailed cooperative approach to divorced parents raising their children. The plan details the rights, duties and responsibilities of each parent. It accommodates both parents’ work schedules and lifestyles. Parenting plans make provisions for how the parents will: · share the residential schedule of their children… Continue reading →
Can my ex-spouse take our children to a foreign country?
Take a minute and ask yourself why you would want to deprive your children from a vacation to Europe. Do you have a genuine concern for their welfare or is it because there are bad feelings between you and your ex-spouse? If you are a single parent with young children, it may be difficult to… Continue reading →
Are you facing foreclosure during a divorce?
Going through a divorce is stressful enough without your home adding to your problems. Is your home worth less than you owe on it? If this is your situation, you have options: · Short Sale – Your house is sold for less than the amount of your mortgage loan. The bank will not go after… Continue reading →
Dividing marital debts
In California, both parties in a divorce are liable for all debts incurred during the marriage. California Family Code Section 910 states, “The community is liable for all debts incurred before and during the marriage, but before separation.” Keep in mind that each party’s separate property is not liable for the other party’s debts –… 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 →
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