What Is the Difference Between a Domestic Partnership and a Same-Sex Marriage?
Over the years, the struggle for gay and lesbian rights has resulted in three ways in which a same-sex couple can gain legal recognition for their relationship: through a civil union, a domestic partnership or a same-sex marriage. While not all same-sex couples in every state can choose from all these options, California provides same-sex couples with two legally recognized unions they can declare. Same-sex couples in California can now…
Read MoreHow Do I Demonstrate Standard of Living in Litigation?
In California divorces, status quo is important. The status quo is the standing of living the two parties to the divorce enjoyed and had grown used to over the course of the marriage. Generally, family law courts will strive to maintain the marital standard of living when they are making a determination on spousal support. For many Californians with significant resources or a high net-worth, the standard of living can…
Read MoreHow Soon Can I Get Spousal Support?
If you and your spouse have decided to separate or divorce, one of you may be planning to move out. While it is common for one spouse to move out after separation, in many cases it presents a financial problem. Where there was once one household being maintained on your family income, there are now two households that have to be paid for. This means that rent, utilities and other…
Read MoreHow Do I Respond to a Petition and Summons?
If you have been served with a petition and summons, you must take action within a certain amount of time. Otherwise, your divorce will be considered uncontested and you may forfeit your rights in the divorce. It is always advisable you either respond in a timely manner or try to reach an agreement over the matters of the divorce with your spouse. If you have been served with divorce papers,…
Read MoreCan I Buy My Teen a Car Without My Spouse’s Approval?
During a divorce, you and your spouse will be restricted in what financial actions you can take by a set of restraining orders. These restraining orders are automatic and temporary, included in the summons and effective with the filing and service of the initial divorce papers. Generally, you will be restricted from making any significant purchases, transferring ownership of any community property, taking out debt, lending money or changing the…
Read MoreI Have Season Tickets; Are These Subject to Division?
California’s community property rule governs the division of debts and property in divorce. All property acquired during the course of the marriage is subject to 50/50 division upon divorce. Property is defined broadly; anything that holds value is property. Given the value of a set of season tickets, be it for a sports team or the opera, they are considered valuable property. How season tickets could be divided will depend…
Read MoreWhat Fees Are Involved in a Divorce?
Many people hold the opinion that divorce is expensive in every case. Some people may even be hesitant to file for divorce for fear of the cost. There are several costs that can make a divorce expensive, however getting an idea of where all these costs come from can help you make an informed decision on how to go about getting a divorce. Divorce Fees Costs from a divorce will include:…
Read MoreWhat Is a Declaration?
There are many court documents, or pleadings, involved in a divorce case. Some of the most important pleadings in a divorce case are declarations. A declaration is a written statement submitted by a party who can speak to the facts and circumstances of the case. Declarations must be sworn to be true and correct, and must signed under penalty of perjury. Because what is said in the declaration is taken…
Read More