Posts Tagged ‘property division’

Protecting assets after marriage

Even if you do not have a prenuptial agreement, there are ways to protect your marital assets during the divorce process. Everyone has heard of prenuptial agreements.  Have you ever heard of a postnuptial agreement?  This agreement allows couples to make a contract after the marriage.  It is typically written when a couple experiences a… Continue reading →

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Permanent spousal support

Depending on your circumstances, spousal support could last for just a few months or for a lifetime.  Permanent support is sometimes awarded to individuals who have relied solely on their spouse’s income.  In addition, their age, health or lack of work experience makes them unemployable. It is up to the court’s discretion when awarding support… Continue reading →

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Contemplating divorce?

In addition to emotional pain and financial stress, ending a marriage is legally a complex situation. California gives individuals other options instead of divorce.  These include a legal separation or annulment, depending on your circumstances. In California, there are no-fault laws regarding divorce.  This allows a person to file for divorce without showing that one… Continue reading →

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Divorce and retirement accounts

I have been asked many times about what happens to 401(k) plans, pensions and other retirement accounts in a divorce. When it comes to marital assets, a retirement account that is involuntary or directly deducted from your paycheck will be one of your most substantial marital assets – other than your marital home.  As a… Continue reading →

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Divorce issues

Divorce, for the most part, is an emotional, touchy, and stressful process.  Any situation where children, money and assets are discussed can become intense.  If you have children, the process can become more complicated from a legal standpoint. Issues that need to be worked out between the parents and approved by the court include child… Continue reading →

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Mediation and your attorney

Have you decided that mediation is the least expensive and least acrimonious way to get through a divorce? Mediation means you are taking on a lot of responsibility while representing yourself in negotiations with your spouse.  Are you prepared to work with your almost ex-spouse in unraveling the financial picture of who gets what?  Do… Continue reading →

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Military divorce

When your spouse is an active duty military person and you are considering divorce, additional legal complexities may arise. Although a military divorce involves the same issues as a traditional divorce, there are often different rules and challenges for resolving certain disputes, such as division of property, child custody and support, visitation and spousal support…. Continue reading →

Annulment versus Divorce

I have been asked many times what the difference is between an annulment and a divorce. An annulment is a legal procedure when the court says your marriage is not legally valid.  When filing for an annulment, the court will ask you to prove that your spouse has violated specific laws.  After the annulment, it… Continue reading →

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Divorce or a legal separation?

Is one of your New Year’s resolutions a divorce or perhaps a legal separation?  It’s a hard decision, especially since you haven’t been on your own in many, many years. If you are planning on being on your own in 2013, you need a plan: ·         Keep your expectations within reach – don’t set your… Continue reading →

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Mediation versus Litigation

I have been asked what alternatives there are to going to court for a divorce.  There are many pros and cons to making the decision to resolve a divorce through the courts or at the mediation table. Divorce mediation: ·         Couple meets with a trained mediator outside of court ·         Unbiased process ·         Discuss all… Continue reading →

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