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,…
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…
Read MoreHow are Royalties Split During a Divorce?
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 generated. Although the property that produces royalties is intellectual property, royalties are one of many types of assets subject to division in a California…
Read MoreWhen Does Child Support Begin After a Divorce?
Child support is a monthly payment that one parent provides the other parent to aid in the cost of rearing a child. When parents legally separate or divorce, a parent’s child support obligation begins on the date ordered by the court. This date relies heavily on the parents’ ability to cooperate, exchange information, and facilitate the process, as well as the necessity for judicial involvement. The Divorce Filing and Request…
Read MoreIs My Ex Entitled to My 401K Plan in a California Divorce?
One of the most valuable assets possessed by spouses is their retirement savings. While 401K plans are treated much the same as other marital assets in a California divorce, there are factors to take into account when dividing these assets accurately. The following provides some general considerations and rules applicable to California property division, including 401K plans and pensions. For case-specific information, seek the advice of an experienced Los Angeles…
Read MoreWhat is a Divorce Decree?
A divorce decree is a legal document that finalizes the divorce process. Also known as a judgment, a divorce decree lays out any judicial orders specific to the final agreement between spouses or the court’s final rulings. A divorce decree is the written declaration of the court’s ruling ending the marriage. No divorce is final until a divorce decree is signed by the parties, the judge, and sealed by the…
Read MoreFiling for Bankruptcy After Divorce
Divorce is often more than an emotional struggle. It comes with many challenges, including personal and financial obstacles. When one household must divide into two separate, functioning entities, there can be issues paying bills, spousal support, child support, and other obligations. If you are considering bankruptcy before or after your divorce, the following provides a brief legal overview of the effect of bankruptcy on final divorce orders. For specific advice,…
Read MoreHow to Obtain a Divorce Decree in California
There are many situations in which you may need a copy of your divorce decree. Some are as simple as providing proof of divorce, while others are more complicated and involve taking an ex-spouse back to court for violation of the terms of your divorce decree. Regardless of your need for your decree, it is essential to know how to procure that decree in California and be aware of what…
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