Articles Posted in Legal Separation

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Legal Separation as a Precursor to Divorce in California

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Many people mistakenly believe that legal separation is essentially the same as divorce, but this is inaccurate. Legal separation is an alternative to divorce that can potentially serve as a springboard to a formal divorce in the future, but it is not as final as a divorce. Legal separation can functionally allow married spouses to hold themselves out as unmarried and live separately while they continue taking advantage of the legal benefits that marriage offers.

If you are thinking about ending your marriage in California, it’s essential to think about your reasons behind this consideration and the effects your divorce could potentially have on your life. It’s important to note that a legal separation does not simply mean one of you moving out of your marital home and living separately. Legal separation requires a formal family court agreement that includes specific terms and conditions.

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Can You Sell Your House During a Divorce?

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When a couple decides to divorce in California, their house is often the most important asset to distribute in the settlement. Spouses often wonder if they can stay in the house, whether they can retain ownership, or if they should sell. It is crucial to develop an understanding of your options when you are in this situation, and a trusted divorce attorney is the best tool you can use to understand your alternatives and protect your interests.

If you and your spouse bought your home as a married couple, it is considered “community property” in California. In the case of a divorce, this means that the home’s value will be divided 50/50 between the spouses. Your options for keeping or selling the home are dependent upon your ability to reach an agreement that satisfies both you and your spouse. This could mean selling the house and splitting any profit evenly, but many couples reach an agreement in which one party purchases the other’s share of the home.

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Know What to Do if Your Spouse Is Lying During Your Divorce

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Experiencing a divorce is one of the most stressful situations many people will face in life. As a result, the divorce process is often a time in which individuals may exhibit behaviors that are not typical for them. The stress each spouse experiences when their relationship ends often brings emotions to a boiling point, and the resulting conflict can bring about situations the former couple never expected.

There are a number of important tasks involved with the divorce process, including determining alimony, deciding who should have custody of the children, identifying who should pay child support, and deciding how to split up debts and assets in a way that is acceptable to both parties. When one spouse begins stretching the truth or blatantly lying to achieve a more beneficial outcome, the divorce process becomes even more complicated. Lying under oath is against the law, and it is crucial to know the consequences of such actions during divorce.

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Making a Change in Divorce Judgements Due to a Change of Circumstances

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Life can change in an instant, and individuals who are divorced are not immune. In fact, divorced people frequently experience changes in their life circumstances that may necessitate changes in terms of their divorce regarding spousal support, child support, or child custody and visitation. If you are in a similar situation that has made the terms of your divorce untenable, it can be difficult to know where to start. However, it is important to know that you are not alone.

The first step toward changing a divorce judgment is to request a hearing. A hearing allows you to prove in court that you have experienced a significant lifestyle change since the time that your divorce was settled. The courts do not provide a specific outline for what constitutes a change of circumstances, but they will consider various factors that may affect the terms of your divorce.

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Understanding Child Support in California

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When a couple with children goes through a divorce, one of the most important decisions included in the final terms is the amount one parent will pay the other for child support. Unfortunately, however, it is increasingly rare for both parents to be happy with the decision. For this reason, regardless of whether you are the party making the support payments or the one receiving them, this can be one of the most stress-inducing parts of the divorce process.

A primary issue with child support in California, as with other states, is that the parent ordered to pay support often feels that they are paying too much, while the parent receiving the payments can feel as if they should be receiving more funds to care for the child. However, child support decisions are not made arbitrarily—if you are facing divorce, it is vital to understand how child support is intended to work and that its purpose is to benefit the child.

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Important Estate Planning Issues Related to Divorce

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If you are preparing to end your marriage, it is vital to understand that your divorce may be one of the most challenging experiences of your life and affect you for years to come. While you are likely bracing for your new reality as a recently divorced single person, one thing you should not overlook as you begin the next chapter of your life is your estate plan. It is very likely that if you have a will, trust, or other estate planning documents in place, you have your ex-spouse listed as a beneficiary. You may also have them included in beneficiary designations for specific accounts, such as your retirement account or life insurance policy. When you have decided to end your marriage, completing the divorce process is just the first phase of restructuring your life.

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Expert Witnesses in California Divorce Cases

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Divorce is likely to be one of the most challenging experiences of your life. Even if you and your spouse are relatively civil and agreeable with one another, the reality is that the divorce process is hugely trying in many ways. Whether you are concerned about the financial implications of your divorce or are struggling to reconcile your personal feelings about the matter, it’s imperative to understand that any divorce case has the potential to escalate into an incredibly complex court battle.

While family law is unique from other areas of the law in many ways, there are some common threads among family, civil, and criminal law. One of these is the value that expert witnesses can provide in some instances, particularly those that involve highly complex or easily misunderstood technical concepts, complicated financial entanglements, and issues regarding physical and mental health.

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How Do I Create a Prenuptial Contract?

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Prenuptial contracts can provide marrying couples with substantial advantages and financial security. Unfortunately, these contracts have negative connotations for many people, most of whom believe that the suggestion of a prenuptial contract is an indication of a lack of faith in the success of the relationship. The reality is that prenuptial contracts can provide financial security to marrying spouses, especially those who have financial obligations to children from previous marriages, those who control substantial assets, and those who want to protect themselves from their spouse’s debts.

Creating a prenuptial contract is relatively simple; the difficulty lies in the scope of the contract and the complexity of the issues included in the contract. There are many tools and software applications available that can help you draft your own prenuptial contract, but ultimately it is always best to work with an experienced family law attorney to ensure your contract is fair and enforceable.

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What to Expect in California Divorce Mediation

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Married couples choose to divorce for many reasons. Some decide to divorce because of acute issues like infidelity or patterns of negative behavior. Others drift apart after several years of marriage and no longer enjoy married life together. The divorce process technically begins when married spouses decide to end their marriage, but it does not formally begin until one of the spouses files a divorce petition with the local family courthouse. The actual legal process of divorce is stressful, expensive, time-consuming, and emotionally draining in most cases. However, there is a way to make your divorce easier to manage while maintaining greater control over the outcome.

Divorce mediation has become the most popular method of handling divorce in the United States for several reasons. Mediation is generally faster than divorce litigation, and both spouses are generally able to secure more agreeable terms to their divorce orders than a judge would likely deliver. Divorcing spouses can save time, money, and stress when they opt for alternative dispute resolution, but it is vital to know what divorce mediation entails and what you can expect from this process.

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What Is Limited Scope Representation in California Family Law?

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Navigating any family law case can be a daunting and stressful experience. It is very difficult to predict how long a case will take to complete or how much it will cost you in legal fees, even if the matter seems straightforward at first. Hiring the right attorney to represent you is one of the most important decisions you can make when handling your family law matter. It’s also important to know exactly what you need from an attorney and what you can handle on your own. If you have concerns about the cost of legal fees for any family law matter in California, it’s vital to understand what limited scope representation is and how this can work in your favor.

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