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…
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…
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…
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