A couple that enters into a prenuptial agreement before marriage addresses property issues that may arise in the event of divorce down the road. They are entered into when there are children from a previous relationship that need to be provided for. In addition, they are used when one party brings substantially greater assets into… Continue reading →
Posts Tagged ‘marriage’
Divorce papers
Being served divorce papers can be a traumatic experience, especially when you didn’t see it coming. If you are served papers, read them because all legal papers contain a deadline and need immediate action. If you decide to procrastinate or ignore the situation, you are asking for trouble. Failing to act or do as directed,… Continue reading →
Dividing up marital property
Getting a divorce means dividing the property acquired during your marriage. The first step is to determine what is marital property and what is non-marital property. Marital property is everything you and your spouse purchased during the existence of your marriage. It does not matter if the title is held individually or by both spouses… Continue reading →
Is a prenuptial agreement for you?
Getting married may be romantic, but it also involves some business issues because you and your spouse are about to enter into a legal partnership. Even though entering into a marriage is a fairly easy process, getting out of one can be a difficult process. Since California has a very high divorce rate, prenuptial agreement… Continue reading →
California domestic partnerships
A domestic partnership is a legal relationship available to same-sex couples. It gives the couple the same rights, benefits, responsibilities, obligations and duties under the law as married spouses have. According to California Family Code Section 297(a), “Domestic partners are two adults who have chosen to share one another’s lives in an intimate and committed… Continue reading →
Should I reconcile or divorce?
Thinking about divorce can be a difficult time. You ask yourself, “Is this the best path for me to take?” Do you doubt your original decision? Can you make it on your own? Will your children be okay? You need to stop and think this through; do not act hastily. Put your feelings in order…. Continue reading →
Division of marital property
Under California law, marital property includes all property acquired during the marriage however titled, unless it is acquired by inheritance. Property division in a divorce is when the assets, property and items of value are divided. California law requires that property is divided 50/50. Factors that come into play when dividing assets include: · Income… Continue reading →
Property division and tax consequences
When proceeding with divorce, it is very important for both parties to pay close attention to the relationship between divorce and taxes. The method in which assets are divided can have significant tax consequences to each of the spouses. Tax consequences pertaining to the division of assets in the marital estate plus payments of spousal… Continue reading →
What is spousal support?
Not all divorces require one spouse to pay spousal support to the other. If there is a significant income disparity between the couple and they have been married for a long time, the chances of one paying the other spousal support are great. The family court judge retains jurisdiction over the spousal support issue. If… Continue reading →
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