How to Keep Separate Property Separate
Under California’s community property law, all property that belongs to the marital community must be divided equally upon separation or divorce. Community property is considered property acquired by either spouse during the marriage, but prior to separation, and with community resources. Property acquired prior to marriage is considered separate property. Property acquired during the course of the marriage can still be separate property if it is acquired through a gift…
Read MoreHow Will My Finances Change After a Divorce?
Everything changes after divorce, not least of which are your finances. Support orders, tax implications and a new living arrangement can mean you have to make a lot of changes in your spending habits. The biggest changes you can expect after divorce are either paying or receiving support and having a different asset profile. You will also have to set up a new household, which is especially important when minor…
Read MoreWhat Can an Attorney do in Mediation?
Divorce mediation is a cheaper and more collaborative alternative to litigation or trial in the court process. When you and your spouse cannot agree, and this is generally the case in all divorces, mediation is a forum where conflict can be resolved with the help of a neutral third party. Mediation can be tailored to address specific issues, like custody or property division, or be general for all aspects of…
Read MoreWhat Happens in a Divorce Trial?
A divorce can be finalized through a few routes. Divorces can be executed out of court when both spouses agree on all the issues at hand. They can also work with a mediator or other neutral party to work out any remaining conflicts. If there is significant conflict, the divorce may need to enter into litigation where you and your spouse will bring the issues to court, with or without…
Read MoreWhat Happens to Spousal Support if My Former Spouse Remarries?
Spousal support is often a high-conflict area of divorce law. Spousal support, also called alimony, is generally temporary financial support provided to the spouse who is not self-supporting. Spousal support can also be ordered permanently, if it is unlikely that spouse will never become self-supporting. Spousal support is usually modified or terminated when there is a significant change in circumstances that was not foreseeable at the time the support was…
Read MoreWhat Should I Document During My Divorce Proceedings?
If you’ve decided to get a divorce and have talked with an attorney about it, you may be overwhelmed by the amount of paperwork and documentation that will be required of you just to end your marriage. On top of all the forms that need to be filed and financial information you have to provide, there may be some other things you should document during your divorce proceedings. Many things…
Read MoreWho Gets Child Support if We Have Similar Incomes?
In California, child support is calculated based off of a state wide formula. This formula is mainly based off of the net income of the parents and the residential time distribution. Generally, whoever has more residential time with the child is the one who covers more costs, like food, clothing and incidentals. Because California views it as both parents responsibility to financially provide for their child, support is ordered to…
Read MoreHow to Make Calculated Financial Moves During Divorce
It can be difficult to keep a handle on your finances during a divorce. A divorce can last anywhere from 90 days to well over a year and, during this time, your finances are not always necessarily your own to work with. As a community property state, California mandates all marital property, also called community property, be divided equally in a divorce. So, during divorce proceedings, you cannot do whatever…
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