Articles Tagged with marital settlement agreement

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Everything to Know About Premarital Agreements

Everything to Know About Premarital Agreements

Marriage is one of the most important decisions an individual will ever make. There are many diverse factors that go into choosing a partner, and they can differ widely depending on the individual. What does not differ, however, is the human drive to protect ourselves in the event that these major decisions fail to work out. That’s why many individuals opt to create a prenuptial agreement before marriage. In doing so, they are protecting themselves from future financial problems.

Prenuptial agreements, also known as prenups or premarital agreements, can be especially beneficial for couples who bring significant assets into the marriage. Prenups are also popular for individuals who have experienced divorce before. However, a prenuptial agreement is not the right decision for everyone. To accurately assess if a prenup is right for you, it’s essential to understand the basics of what a prenuptial agreement entails.

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Understanding the Differences Between Writs and Appeals

Understanding the Differences Between Writs and Appeals

Navigating the court system can be exceedingly difficult for those new to the experience. In particular, many individuals are unfamiliar with the often-prevalent legal jargon—especially when it comes to the complex processes and legal documents this jargon can describe. Fortunately, the average person is not expected to understand each detail of our complex legal system or the nuances within the law. Skilled attorneys exist to demystify the legal system and guide their clients through their court proceedings successfully.

However, it is important to be aware of the most common legal terms, especially those that pertain to your case. To that end, one of the most asked questions our attorneys receive is regarding writs and appeals. These two legal petitions can dramatically affect how a case proceeds and the differences between them can make a major difference in the timeline of a case. Further, some legal proceedings require a writ, while others require appeals.

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What Are Grounds for Annulment in California?

What Are Grounds for Annulment in California?

In California, divorces and annulments serve the same general purpose—to legally terminate a marriage between two parties. However, the two tools function in vastly different ways. While an annulment is a legal declaration that a marriage never existed, it is different from a divorce. Divorcing spouses recognize that they were once legally married but choose to terminate the marriage relationship and keep a legal record of the life event. By contrast, annulments allow the spouses to proceed with no record of the marriage because the marriage was not legal in the first place. This specific illegitimate aspect is known as “grounds” for the annulment.

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What Happens If Divorce Mediation Doesn’t Work?

What Happens If Divorce Mediation Doesn’t Work

Divorce mediation has become the preferred method of handling the divorce process in California and throughout the United States. Unlike litigation, which is very formal, daunting, and stressful, mediation provides a divorcing couple the opportunity to privately negotiate the terms of their divorce in a comfortable, low-pressure atmosphere under the guidance of a neutral mediator. This process is proven effective and allows divorcing spouses to save significant amounts of time and money on their divorce proceedings. However, the success of the mediation process hinges on the divorcing spouses’ willingness to negotiate.

It’s possible for divorcing spouses to initially agree to mediation only to later decide that they cannot reach mutually agreeable terms through this process. It’s also possible for one spouse to allow their emotions to overcome them, spurring them to demand a trial instead of taking advantage of the benefits of mediation. If you are preparing for divorce mediation or have already started the process, it is natural to worry about what might happen if mediation doesn’t work for your situation. However, several practical options can help you overcome this situation, and it’s possible to take advantage of mediation to an extent before moving to litigation to settle the rest of your divorce.

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Legal Separation as a Precursor to Divorce in California

Legal-Separation-as-a-Precursor-to-Divorce

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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Important Estate Planning Issues Related to Divorce

Important-Estate-Planning-Issues-Related-to-Divorce

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

Expert-Witnesses-in-Divorce-Cases

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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Acceptable Grounds for Family Court Order Modification in California

Acceptable-Grounds-for-Family-Court-Order-Modification-in-California

Family law is unique in many ways. Perhaps most notably, the family law system offers a more streamlined alternative to the standard appeal process when an individual accountable to a family court order believes the order to be unreasonable or untenable due to recent events. Family law acknowledges that life is unpredictable. Due to the nature of most family court orders, the terms of an order may not be as reasonable in the future as they are at the time they are signed into effect by a judge.

If you have recently experienced any major life events that have materially influenced your standing family court order, the modification process can allow you to make simple changes that reflect the recent changes in your life. This does not mean you can repeatedly pester the court until they modify your family court order to suit your exact preferences. There are certain conditions that must be satisfied if the court is to approve of any proposed modification.

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How to Streamline Your Divorce Proceedings in California

How-to-Streamline-Your-Divorce-Proceedings-in-California

Divorce is a challenging experience for many reasons. The process requires a significant financial investment in the form of legal fees and the transition from a dual-income household to living on a single income. California also enforces a minimum six-month waiting period before any divorce is granted, but many divorcing couples with complex divorces find that this is relatively short compared to the actual time required to litigate their divorce cases. Even the most seemingly straightforward divorce cases can require enormous investments of time, money, and energy for everyone involved.

If you are expecting to divorce in the near future and want to make the process easier, there are a few tips you should keep in mind that can potentially help you streamline your proceedings. Remember that even a seemingly straightforward divorce case can involve unpredictable issues that extend the time required to complete the process, but the following tips can often help divorcing couples reach results in their divorce cases more quickly.

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Benefits of Divorce Mediation in California

Benefits-of-Divorce-Mediation-in-California

Divorce is a notoriously difficult and emotionally challenging process. Ending your marriage is more than just the end of a personal relationship; the legal process of divorce requires you and your spouse to divide your community property, determine custody rights over your children, and negotiate long-term support arrangements under California law. Navigating this process while dealing with the emotional side of divorce can be incredibly difficult, and unfortunately, this will spur some people to make poor decisions when it comes to handling their divorce proceedings.

Many divorcing couples in California and throughout the US are choosing alternative dispute resolution instead of litigation to streamline their divorce proceedings and reach more agreeable outcomes. Specifically, divorce mediation offers divorcing spouses an easier way to settle their financial issues and navigate the process with peace of mind. If you are unsure how to best handle your divorce, it’s vital to consider the many benefits of mediation.

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