What Should I Do If My Spouse Refuses to Sign Divorce Papers?

Ending a marriage can be frustrating and stressful. Having a spouse who refuses to sign the divorce papers only makes matters worse, leaving the divorce process to drag on longer than necessary. If your spouse does not sign the divorce papers, there are options to pursue depending on where the divorce proceedings are delayed. While an obstinate spouse may add time to the divorce process, they cannot block the process…

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Can You File for Divorce in Another State?

While you may have extenuating circumstances, all states in the U.S. have residency requirements for filing a divorce. This is to prevent spouses from shopping for a state with laws advantageous to their case. However, residency requirements can vary significantly from state to state. Before filing for divorce in any state, it is imperative you check that state’s residency requirements along with any other notable exceptions or conditions. Typical Residency…

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Legal Separation Vs. Divorce in California

California offers couples who are unsure of or unable to end their marital union an alternative to divorce. If you and your spouse need to remain married but want to live separately and maintain individual households, a legal separation may be the right option for you. What is Legal Separation? Legal separation mirrors the divorce process. However, there is no legal termination of the marriage. One spouse files a formal…

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How are Royalties Split During a Divorce?

A royalty is a sum of money paid to another person in exchange for using their property. Royalties may be paid to use a person’s music, art, photography, writing, or patented and copyrighted items. Any item that generates royalties is an asset, as is the income generated. Although the property that produces royalties is intellectual property, royalties are one of many types of assets subject to division in a California…

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Spousal Abandonment Laws in California

Spousal abandonment occurs when a spouse walks away from a marriage and its legal, contractual commitments without terminating the marriage in the family court. Spousal abandonment can take different forms. A spouse may vanish, though this is difficult with today’s technology, withdraw any assets and financial support from the other, or move away and choose to neglect their partner and their children. Although marital abandonment has no effect on how…

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When Does Child Support Begin After a Divorce?

Child support is a monthly payment that one parent provides the other parent to aid in the cost of rearing a child. When parents legally separate or divorce, a parent’s child support obligation begins on the date ordered by the court. This date relies heavily on the parents’ ability to cooperate, exchange information, and facilitate the process, as well as the necessity for judicial involvement. The Divorce Filing and Request…

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Is My Ex Entitled to My 401K Plan in a California Divorce?

One of the most valuable assets possessed by spouses is their retirement savings. While 401K plans are treated much the same as other marital assets in a California divorce, there are factors to take into account when dividing these assets accurately. The following provides some general considerations and rules applicable to California property division, including 401K plans and pensions. For case-specific information, seek the advice of an experienced Los Angeles…

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What is a Divorce Decree?

A divorce decree is a legal document that finalizes the divorce process. Also known as a judgment, a divorce decree lays out any judicial orders specific to the final agreement between spouses or the court’s final rulings. A divorce decree is the written declaration of the court’s ruling ending the marriage. No divorce is final until a divorce decree is signed by the parties, the judge, and sealed by the…

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