Does It Matter Who Files for Divorce First?
Whether you’re considering filing for divorce from your spouse or you’ve received a divorce petition from a spouse, one thing you might need to know early in the process is how much it matters who files for divorce first. Does the spouse who makes the first legal move have any significant advantages, or is it better to wait for a spouse to take the first action and then respond? Divorce…
Read MoreWhat Happens to a Trust in a Divorce?
California is one of nine community property divorce states in which the“community” of two created during the marriage becomes dissolved in a divorce, requiring equal distribution of the assets acquired by the marital community. There is a lot to consider during this process, including discerning what assets are each spouse’s separate assets and which ones belong to the marital community. Another consideration for some spouses is a living trust created…
Read MoreFiling for Divorce Citing Irreconcilable Differences
California was the nation’s first no-fault divorce state beginning in 1969 with the signing of then-governor Ronald Reagan’s Family Law Act. Before that time, the law required anyone seeking to divorce a spouse to prove that the spouse had done something wrong—something unforgivable enough to break the marriage bond, for example, committing adultery or spousal abandonment. Today, all states have a form of no-fault divorce law. To file for divorce…
Read MoreHow Should I File My Taxes While Going Through a Divorce?
There is a lot to consider during the divorce process in California. Besides the emotionally fraught aspects of divorce, there are also intimidating legal processes and the necessity of making new living arrangements and adjusting to a change in financial circumstances. For most divorcing spouses, how they should file their taxes is the last thing on their minds—at least until the tax deadline approaches and they’re still in the process…
Read MoreWho Gets To Stay in the House During a Divorce?
Choosing who gets to stay in the marital home during a divorce is often one of the most contentious issues when spouses separate, along with child custody and spousal support. California is a community property state where marital assets are split 50/50 between spouses in a divorce. The answer to the question of who keeps the house depends on the status of the house in or outside of the pool…
Read MoreHow To Change Your Name After Divorce
While no one taking marriage vows expects their marriage to end in divorce, sadly, a significant number of walks down the aisle end at divorce court later. When closing one chapter of your life and opening a new one, it’s common to want a fresh start. For many newly divorced individuals, that fresh start includes moving on from a spouse’s last name and reclaiming the name they had before their…
Read MoreWhere to File for Divorce in Los Angeles, CA
The decision to file for divorce may feel like the end of a rough road, but once the decision is made, it’s actually the beginning of another journey—a legal one, that starts with learning where to file for divorce. If you live in Los Angeles County and you’ve made the decision that a divorce from your spouse is inevitable, you might wish to be the petitioner rather than the respondent…
Read MoreWhat Is Discovery in Divorce?
Divorce is a difficult process both emotionally and throughout each of the necessary steps required by law to end a marriage in California. California’s no-fault divorce state means either spouse may file for divorce simply under the grounds of irreconcilable differences, so filing is a relatively simple matter; however, it’s also a 50/50 divorce state for separation of marital property, including all debts and assets accumulated during the marriage. This…
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