Articles Tagged with separate property

Can a Spousal Support Order Be Modified in California?

Can a Spousal Support Order Be Modified in California?Spousal support is essentially the court’s way of balancing out the difference in two spouse’s incomes when they divorce. This is to ensure that one spouse isn’t left in financial ruin as a result of a divorce or separation. While spousal support is a court-ordered agreement in California, the state does allow individuals the chance to request modifications to active orders. However, the spouse requesting a modification must prove they experienced a significant change in their life.

For example, the person ordered to pay spousal support could undergo a substantial financial hardship that prohibits their ability to pay spousal support, or the spouse receiving support may receive an increase in income and no longer need payments. These factors can contribute to necessitating a change to the spousal support order. There are, however, legal requirements that must be met in order for a modification to be approved.

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Can Your Spouse Refuse a Divorce in California?

Can Your Spouse Refuse a Divorce in California?Anyone involved in a divorce knows that it is a sensitive, emotional experience that can easily take a toll on you and your family. While sometimes separating spouses can be amicable, there are other cases where relationships have become so broken that no compromises can be made. If your spouse is refusing to cooperate, such as ignoring the divorce papers they were served, there are still options available for you.

In the event that one spouse refuses to sign the divorce papers or does not provide a response, the divorce can still proceed. A San Diego family law attorney can help you move forward with a default divorce today.

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How Can a Prenuptial Agreement Help My Marriage?

How Can a Prenuptial Agreement Help My Marriage?Marriage is more than an official union recognized by the government. It’s also a legal and financial partnership. It bears significant responsibility, including forfeiting some of the independent freedoms that will be shared between you and your new spouse. This is where prenuptial agreements come into play. If you’d like to create a prenuptial agreement, a California family lawyer can help.

Otherwise known as a “prenup,” these are official contracts agreed upon before marriage that outline how various financial affairs and assets will be dealt with in the event of a divorce. By better understanding the nature of these marriage contracts, soon-to-be newlyweds can better assess if a prenup is right for them.

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Characterization of Marital Assets in Divorce

Characterization of Marital Assets in DivorceIf you or your spouse have filed for divorce, or if you are planning to file for divorce, you may be wondering how the California family court will decide who gets what in terms of assets, property, and other valuables you and your spouse share in marriage. It is important to have an overall general understanding of the legal process for marital property division in California before you get to court, especially if you have inherited property either before or during your marriage.
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Guide to California Military Divorce

Guide to California Military DivorceSan Diego is home to more than 115,000 active-duty service members in the Navy and Marine Corps, so it makes sense for a law firm to reach out to those service members by providing legal services aimed specifically at representing those San Diego residents. Bickford Blado & Botros understand the need for military-focused attorneys who have a deep comprehension of the laws that apply to military members. Representing military divorce clients falls under this category.

Military divorce can be a bit different from civilian divorce, and it is important to understand exactly how it is different if you are involved in a military divorce. Areas such as child custody, child support, property division, and even the initial petitioning for divorce can all be complicated for military service members. Below is a guide to understanding these differences within the realm of California family law.

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Understanding the Sensitivities of Same-Sex Divorces

Understanding the Sensitivities of Same-Sex DivorcesCalifornia has been a trailblazer when it comes to recognizing same-sex couple rights, including same-sex marriage, which became legal in 2015. Despite the 10-year anniversary of the legalization of same-sex marriage, same-sex divorce is still met with challenges and must be handled with care, as it can often be a delicate legal issue for some couples.

While the laws apply to same-sex divorce exactly the same as they do to heterosexual divorce, the majority of same-sex divorce cases don’t play out in the traditional manner. Because of the unique circumstances of these cases, it takes a special legal perspective to navigate the intricacies of same-sex divorces.

It should be noted that custody matters, child support, spousal support, division of assets, and the actual process for the dissolution of marriage are the same for heterosexual and same-sex divorces. However, due to the infancy of same-sex unions, same-sex divorces still meet challenges within the realm of California law.
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How to Bring Up a Prenup Discussion with Your Partner

How to Bring Up a Prenup Discussion with Your PartnerNo one plans for their marriage to end in divorce, but some people like to be prepared for things. A prenuptial agreement is like marriage insurance. No one plans to be in an accident, but some people take out a full coverage insurance policy to be prepared.

If you have assets going into marriage, the sensible and responsible thing to do is to protect those assets by developing a prenuptial agreement. Chances are you’ll never need to use your prenuptial agreement, but if you do, you’ll be glad it’s there.

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Unpredicted Tax Implications of Social Security Benefits and Property Arrangements During Divorce

Unpredicted Tax Implications of Social Security Benefits and Property Arrangements During Divorce
If you are facing a divorce in California, you are likely primarily concerned about alimony payments, property division, and, if you have children, child support, custody, and visitation. However, there are many additional financial implications that should be considered. For example, there may be unintended consequences or unknown advantages, depending on how you classify the property settlement and spousal support, or alimony.

Therefore, when it comes to divorce, it can be highly advantageous to work with California lawyers who also have an extensive background in accounting. The family lawyers at Bickford Blado & Botros have an accounting background and can take into account all of your financial details to help you anticipate how to optimize your situation for the future.
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Post-Decree Modifications After a California Divorce

Post-Decree Modifications After a California Divorce

Life changes, sometimes quickly and often, and what once worked as an agreed-upon divorce term suddenly isn’t relevant to the lives of the family members anymore. Remarriages, a new job, relocations, a loss of a job, or any of dozens of other things that affect families can occur and change everything. In many cases, it is necessary to revisit post-decree terms of divorce and modify them to meet the current needs of the family. When an adjustment to an existing court order is needed, a court-ordered modification is necessary.

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The Most Contentious Issues in a Divorce

The Most Contentious Issues in a Divorce

Divorce is a process that creates upheaval in almost every aspect of a person’s life. So, it should come as no real surprise to us that it can often get contentious. This is especially true when the person on the other side is someone there is some level of tension with already which is leading to the divorce. That said, there can be ways in which the potential conflict of a divorce can be minimized. One of these ways is to be aware ahead of time of the issues that are most likely to turn contentious.

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