Rights to Residence: Can I be Kicked Out of My Own House?
When a couple comes to the conclusion that they want a divorce, one spouse will usually move out. If there are children involved, whoever is the primary care taker will generally stay with the children in the family home. For the children’s sake, this is often the best move. Moving out at the point of separation is sometimes what is best for a couple, however it is not a rule…
Read MoreExpectations After Divorce: Why Standard of Living Matters
Spousal support, also called alimony, is not calculated according to a state-standardized formula as child support is. The courts use a variety of different factors to determine a reasonable spousal support award. Temporary spousal support is typically awarded after separation and during the divorce proceedings, but prior to finalization, is based mainly off of financial need. Long-term or permanent spousal support, finalized and enforceable with the divorce, is determined in…
Read MoreDebt Division During Divorce
Property division in a divorce is almost always paired with the division of community debt. Since California is a community property state, upon divorce, it is the net value of the marital community that is being divided, not just the assets. The net value of your marital community would be the total sum of community assets minus the to sum of community debts. This can be determined by both spouses…
Read MoreWhat is a Schedule of Assets and Debts?
As part of a divorce, both parties will be required to fill out and file a Schedule of Assets and Debts. Dividing the assets and debts in a marriage can be fairly complicated. One of the best organizing measures you can take to make it easier is to properly fill out your Schedule of Assets and Debts and then, on paper and in court, it will be clear where the…
Read MoreWhat Happens When Spousal Support is Not Paid?
Spousal support is an important part of many divorces. When one spouse was not working during the marriage or has a significantly smaller income or earning capacity, spousal support is often needed to help them maintain a similar style of living they grew accustomed to during the marriage. If there are still minor children at home, this is necessary to ensure their lives are not disrupted needlessly by the divorce….
Read MoreHow Does a Legal Separation Differ from a Divorce?
When couples run into hard times and can no longer work things out, they have a few options. For some couples, divorce is the only option. For others, legal separation meets their immediate needs of physical separation from their spouse without the permanency or ramifications of divorce. A divorce is a permanent dissolution of a marriage. A legal separation is a temporary or permanent separation but does not result in…
Read MoreIs Gifted Jewelry Considered Community Property?
Husbands often give gifts to their wives before and during the marriage. One of the most valuable, and perhaps most sentimental of gifts, will be jewelry. When couples divorce, personal belongings, property and other assets and debts all have to be divided. Any asset, like a diamond necklace, given to a wife by a husband is subject to California’s community property rule. This rule, in theory, mandates that asset be…
Read MoreEnding Spousal Support
When spousal support is ordered, the order can include a date of termination of the support. This is the date the support order will no longer be valid. Generally, after this point, spousal support cannot be started again, save for very rare occasions when a significant change in circumstances presents itself. For marriages less than 10 years, spousal support is commonly awarded for half the length of the marriage. For…
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