by Fernandez & Karney | Apr 30, 2022 | Community Property, Divorce, Divorce Process
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...
by Fernandez & Karney | Apr 30, 2022 | Community Property, Divorce, Finances
How financial investments are divided in a divorce depends upon the state in which a couple divorces. In California, financial investments are divided according to California’s laws governing community property. Any assets acquired during the course of a marriage in...
by Fernandez & Karney | Apr 29, 2022 | Community Property, Complex Divorce, Divorce
While more marriages end in divorce than in the past, there is one age group out-pacing the others. These are the Baby Boomers. Divorce among the fifty-five and up demographic has more than doubled in the past twenty years and remained so ever since. This upward trend...
by Fernandez & Karney | Apr 28, 2022 | Divorce, Divorce Process
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,...
by Fernandez & Karney | Mar 30, 2022 | Divorce
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...
by Fernandez & Karney | Mar 28, 2022 | Community Property, Complex Divorce, Divorce, Property Division
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...