Does Separation Always End in Divorce?
If you are contemplating a legal separation from your spouse, you may be curious about the risks and benefits of living apart. For instance, will legal separation automatically lead to divorce? While everyone’s marriage is unique, studies show that less than 15% of couples reconcile after a separation. Both spouses must work together to mend a marriage. Whereas only one spouse must choose divorce to terminate a legal union. What…
Read MoreConsequences 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…
Read MoreCan a Divorce Cause a Nervous Breakdown?
Any major life change can induce anxiety or mental crisis. Such significant life events include: Having children Moving to a new town Starting a career Losing a loved one Divorce can be so much more. Divorce is one significant life change with the ability to manifest the feelings associated with nearly all significant life events at once. Along with anxiety, divorce leaves its sufferers insecure, lonely, and in the grips…
Read MoreIs 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…
Read MoreHow are Financial Investments Divided in a Divorce?
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 California are considered community or marital property and are divided equally upon divorce. Financial investments may be excluded from statutory division in a divorce if another arrangement is specified in…
Read MoreWhat is a Gray 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 has led divorce lawyers to name these divorces and the special considerations that come with them “gray divorces.” What are the Different Needs…
Read MoreWhat 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,…
Read MoreCan You File for Divorce in Another State?
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 from state to state. Before filing for divorce in any state, it is imperative you check that state’s residency requirements along with any other notable exceptions or conditions. Typical Residency…
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