Articles Tagged with 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 detail important information regarding their personal assets, in addition to helping them outline how property should be distributed if a divorce occurs. If you’re about to get married in California, you should strongly consider creating a prenup with your partner.

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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, but there are situations where separate assets can become community assets. Because of this, property division can get legally confusing, and spouses can have disagreements about the classification of assets. It’s essential to understand how this may happen when separating 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 through divorce, annulment, or legal separation, depending on the circumstances of their marriage. The ideal option for your separation will depend on several factors. It can be helpful for couples to talk with a qualified family law attorney to understand if they meet the requirements for certain types of separation.

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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, with legal guidance, divorcing couples in California can successfully navigate the maze.

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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 fair and ethical obligations. What this means is that you should treat your spouse and your community assets with respect, and your actions should always be taken with your spouse in mind.

In marriage and separation, spouses must follow this duty. When a spouse breaches their fiduciary duty, they can be held legally accountable.

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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. Spousal support is one of the most hotly contested aspects of a divorce settlement. It is critical for anyone getting divorced to comprehend how these payment schedules are made and assigned during the settlement 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 divorce case, potentially resulting in a more emotionally draining divorce that takes longer to finalize. Avoiding these mistakes is the best way to get the most ideal results from your divorce.

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Annulment: The Other Option to Ending a Marriage

What to Do If You Discover Important Information After Finalizing Your Divorce

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. However, there is another way to legally end a marriage in California. Although both a divorce and an annulment sever marital ties, the legal effects of each are very different. There are both pros and cons for each option, so both should be thoroughly considered if they are an option.

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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 getting a divorce is how this property will be divided between them. Divorce is meant to separate the combined lives of two people, but it may not always be simple and clear how that process will work.

How a divorce will proceed and how property will be divided depends on which state the marriage took place in. There are two different types of states: equitable distribution states and community property states.

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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 the supervision and direction of a neutral mediator. However, while many choose alternative dispute resolution to avoid the time investment, stress, and expense that divorce litigation demands, the reality is that even divorce mediation can devolve into a hotly contested legal battle.

It’s important to remember that divorce mediation only requires both you and your spouse to be willing to negotiate. Even if the two of you have trouble having the most basic civil discussions, you can still take advantage of the benefits of divorce mediation when you have legal counsel you can trust.

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