What Does In Good Faith Mean?
As you talk to attorneys and read about the divorce process, you may come across the term “good faith”. Being in good faith basically means you are participating in or contributing to something honestly and fairly, adhering to the guidelines and expectations of that certain act or thing. On the other hand, bad faith implies dishonesty, negligence and a disregard for responsibility and duty. For example, one spouse may be…
Read MoreWhat Does Transmutation Mean in Property Division?
When a couple divorces, they must go about dividing the assets and debts accumulated over the course of the marriage. This can be one of the most difficult, time-consuming tasks in a divorce. California is a community property state meaning all marital property is equally owned by both spouses. However, this doesn’t mean everything has to be divided down the middle. Many assets and debts, like houses and student loans,…
Read MoreWhat is a Certified Family Law Specialist?
When you are looking for a good family law attorney, you may be surprised to find out just how many attorneys claim to practice family law and handle divorces. While it is true many practicing attorneys can handle a divorce, if their specialty is in another field, they may be no better prepared to handle a divorce than you are. Attorneys that practice family law exclusively are the best bet…
Read MoreWhat is Collaborative Law?
When you think of divorce, you may think of nothing but conflict and contest. This is often the case, unfortunately, and is the main cause for divorces that drag on and on. Collaborative law is a legal process that seeks to avoid the authority, cost and conflict of the court system, saving the family from the stress of litigation. Collaborative law courts have been established across California that take an…
Read MoreWhat is Imputed Income?
Income comes into play in many aspects of a divorce. Child support and spousal support, along with the division of assets, require information about both spouses’ income to be calculated according to California family law statute. This income information includes how much a spouse makes as well as how much they can make. If one spouse is not employed, yet is deemed to be employable, their income may be imputed…
Read MoreWill My Divorce Take Longer if I Have a High Net-Worth?
A divorce in California can take as little as six months to well over a year. California residents must wait six months, starting from the date of service upon your spouse, before the divorce can be finalized. There are many reasons why a divorce would take more than the six-month minimum waiting period. A lot needs to be agreed upon before the courts can finalize your divorce. You have to…
Read MoreCan I Deduct Any of My Divorce Costs?
Divorces can be expensive and often bring about significant changes to your finances. If you are going through a divorce, you may be wondering if any of the costs associated with it, such as court and attorney fees, are tax deductible. In general, the IRS does not allow costs associated with a divorce to be deducted from your income. Legal advise, legal counseling and the like are not considered qualifying…
Read MoreHow Do I Incorporate School Breaks into the Timesharing Schedule?
As part of your general parenting plan for co-parenting after the divorce, you and your spouse will have to develop a timesharing schedule. This is also called a residential or visitation schedule or agreement, and it essentially schedules your child’s residential time. In this timesharing schedule, day-to-day residential arrangements for the school year will be outlined in detail, as will arrangements for when your child is on break from school….
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