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Articles Posted in separate property

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Why Are Premarital Agreements Important in California?

Why Are Premarital Agreements Important in California? While they once held a more negative connotation, premarital agreements are becoming increasingly popular across the country. This is due to a combination of high divorce rates and the general need for people to protect their hard-earned property. Prenuptial agreements allow fiancées to…

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When Does Separate Property Become Community Property in California?

When Does Separate Property Become Community Property in California? Property division is an essential aspect of divorce. In California, property is divided according to community property law. Any marital or community property must be split between spouses. There is a division between what is separate and what is community property,…

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The Difference Between Divorce vs. Legal Separation vs. Annulment

The Difference Between Divorce vs. Legal Separation vs. Annulment A married couple or domestic partnership considering separation in California has several legal options available. This can be confusing and frustrating for some couples who are unsure what the “right” way to separate is. Couples can end or separate a marriage…

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Navigating the Maze of Property Division in a California Divorce

Navigating the Maze of Property Division in a California Divorce Divorce is often a complex and emotionally charged process, with property division being one of the most contentious issues to resolve. Understanding the nuances of dividing assets and debts can be particularly challenging in California, a community property state. However,…

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When Does Breach of Fiduciary Duty Apply?

When Does Breach of Fiduciary Duty Apply? Many California spouses are unaware of their fiduciary legal obligations during the marriage. These duties are the same that apply to business partners. Fiduciary duty in marriage includes the obligation to act in good faith, avoid taking advantage of the other, and other…

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How Is Spousal Support Decided in California?

How Is Spousal Support Decided in California? Divorce is a complex legal process, and legal separation might involve several new systems that must be adapted. When adjusting to a fresh divorce, dividing assets, setting up child visitation plans, and separating joint bank accounts are expected parts of the separation process.…

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Common Mistakes During Divorce and How to Avoid Them

Common Mistakes During Divorce and How to Avoid Them Once a divorce has been brought up in a marriage, emotions will likely begin to run high, and more conflicts may arise. This can create a situation where mistakes are more likely to be made. These mistakes can seriously affect your…

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Annulment: The Other Option to Ending a Marriage

Annulment: The Other Option to Ending a Marriage For those people looking into ending their marriage, divorce is an obvious option that will likely be a person’s first choice. Most people are at least partially familiar with the divorce process and likely know someone who has gone through a divorce.…

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How Will Property Be Divided in a Divorce in California?

How Will Property Be Divided in a Divorce in California? A divorce is not typically an easy choice to make, especially when the couple has been together for many years and amassed a large amount of property since the beginning of the marriage. One major concern for the two parties…

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How to Resolve Contested Divorce Mediation

How to Resolve Contested Divorce Mediation Many divorcing couples in California are taking advantage of alternative dispute resolution to save time and money on their divorce cases. Divorce mediation has quickly grown to be the most popular form of alternative dispute resolution, allowing divorcing spouses to resolve their dissolutions under…

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