Does California Require Separation Before Divorce?

Divorce laws vary from state to state. For that reason, many questions arise when a couple decides that divorce in inevitable in their situation. One common question divorcing couples ask is whether or not California family law requires them to separate before a divorce, and whether or not they need a legal separation. The answer to both of these questions is no. However, like most legal questions, the answer is…

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Can We Agree to an Out-of-Court Settlement in Our California Divorce?

The divorce process is not only an emotionally turbulent time personally for most couples but it also often becomes a lengthy, complex legal process. While some couples decide to separate amicably and in rare cases may remain on friendly terms throughout the negotiation process, the majority of divorcing couples find it difficult to communicate reasonably and without rancor during one of the worst times of their mutual lives. In some…

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What is Bifurcation?

Divorce can be an arduous process that becomes more and more complex depending on the number of community assets a couple has to divide as well as child custody and support issues they must resolve. The process may involve many sessions of mediation and time-consuming negotiations to work out an agreement that satisfies both parties and ensures the best interests of the children. California is one of a handful of…

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How Are Rental Properties Divided in a Divorce?

No one enters into a marriage believing it will end in divorce but unfortunately, some married couples decide to end their union for a variety of reasons. While California is one of the states in the U.S. with the lowest divorce rate, divorces still occur throughout California, giving rise to many questions about the division of property and other assets during divorce, including questions about dividing rental properties. How are…

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Are Secretly Recorded Conversations Admissible During a Divorce in California?

California is known as a “no-fault” divorce state, meaning that, by default, dissolving the marriage does not require proof of wrongdoing. Despite this, some individuals seeking certain outcomes from their divorce may seek to submit evidence to help bolster their claims in court. Not all items obtained throughout an individual’s attempt to get a divorce or marriage dissolution are admissible in California family court. Individuals wanting to submit any materials…

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Consequences of Marriage Abandonment in California

Most couples enter into a marriage with the best of intentions. However, maintaining a marriage requires open communication and the ability to compromise through the best and worst of times. When one spouse abruptly leaves the other, the remaining spouse must resolve any marital questions and decide how to move forward with their life. What is Marriage Abandonment? Marriage abandonment also called desertion, is when one spouse leaves the marriage…

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Is California a Community Property State?

California is a community property state. In community property states, any property acquired by spouses during a marriage is considered marital or community property. Absent a written agreement like a prenuptial or postnuptial agreement; all community property is subject to equal division by the court. To divide community property, the court totals the net worth of the community assets and subtracts the community debts from that amount. The remaining asset…

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What is a Default Divorce in California?

A default divorce in California occurs when the non-filing spouse (respondent) fails to file a written response to the divorce petition. The court grants the filing spouse (petitioner) a divorce in their absence. This may happen for a number of reasons. For example, the non-filing spouse may: Choose not to cooperate with the divorce Ignore the divorce Be unaware of the divorce Regardless of the cause for a default divorce,…

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