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Articles Posted in Spousal Support

How Does a Postnup or a Prenup Affect Your California Divorce?

How Does a Postnup or a Prenup Affect Your California Divorce?

In the State of California, both prenuptial and postnuptial agreements are recognized, and couples facing divorce need to be aware of the role the agreement plays. Among the many factors they must consider is the fact that certain issues may render various clauses, or the whole document, unenforceable. Anyone going through a divorce must first determine whether their agreement is valid in court before they start determining its potential influence on spousal support, child custody, and property division.

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Assets and Debts Under California’s Community Property Law

Assets and Debts Under California’s Community Property Law

Property division is one of the most important components of the divorce process. California is one of nine US states to uphold a community property law, which many people find unnecessarily rigid when dividing marital assets. Community property law requires all marital property owned by divorcing spouses to be evenly divided. There are very few possible factors that can alter the 50/50 division of marital property under this law.

If you are expecting to divorce in California in the near future, you must understand how the state’s community property law functions and its application to your assets and your debts. Unfortunately, many divorcing spouses overlook the fact that debt is divided the same way assets are divided in a divorce and, in many ways, evaluated along similar lines. Your California divorce attorney can assist you in approaching property division proceedings with greater confidence, and you and your spouse may have the option of resolving this aspect of divorce privately.

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Your Guide to Spousal Support in California

Your Guide to Spousal Support in California

Divorce in California can be incredibly stressful and complicated, especially regarding the financial issues involved. The state upholds a strict community property statute that applies to property division, requiring divorcing spouses to evenly divide their marital assets, property, and debts. However, property division may not entirely resolve the financial issues present in a divorce. In some divorces, one spouse will need to pay spousal support, also known as alimony, to the other. Spousal support typically comes into play when one spouse is financially dependent on the other or unable to support themselves financially for other reasons.

If you plan to divorce in California, it’s natural to have concerns about your potential financial obligations to your soon-to-be ex-spouse. Whether you expect to pay or receive spousal support from your divorce, it’s vital to know how spousal support is determined, how long it lasts, and the conditions that would terminate an existing spousal support agreement.

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4 Things You Should Never Do During Divorce

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

Divorce is never easy, even when spouses are relatively agreeable with one another and reach the mutual decision to end their marriage. There is almost always some emotional discontent in divorce proceedings, and it can be challenging for some spouses to make calculated practical decisions concerning their divorce. Unfortunately, the emotional stress of the divorce process causes some divorcing spouses to lose sight of their best interests. Many people in this position make critical errors that negatively impact their divorce proceedings and their futures beyond divorce.

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What Will Happen to My Business in Divorce?

What Will Happen to My Business in Divorce?

Divorce can pose significant challenges for the next several years, even the rest of your life. It’s natural to have doubts and worries about how your divorce will unfold, and these concerns can be even more stressful for business owners. However, if you plan to end your marriage soon and own a business, several factors will determine whether your business must be divided between you and your spouse. You may have more options than you realize for effectively handling this situation, and an experienced attorney can help you approach divorce as a business owner with greater confidence.

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Potential Benefits of Legal Separation vs. Divorce

Potential Benefits of Legal Separation vs. Divorce

If you and your spouse have been experiencing tension in your marriage, divorce could potentially arise as a possibility for your near future. However, it is vital that you do not make the decision to divorce lightly, nor should you rush into divorce proceedings in the face of marital problems. Divorce is a complex and stressful process. It is likely to pose significant changes to various aspects of your life for the foreseeable future. In some cases, couples need time and space to reevaluate their marriages before moving forward with divorce proceedings.

Legal separation can effectively provide some of the benefits that divorce can offer without the finality of divorce. While many people conflate legal separation and divorce, they are two very different family law procedures. In a divorce, the couple’s marriage contract is terminated, and the couple resolves many issues such as property division, child custody, and spousal support. In a legal separation case, the couple must also address many of the same issues and will ultimately end up with separate living arrangements, but they remain legally married.

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

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

Any divorce has the potential to escalate into a heated legal battle between the divorcing spouses. The emotional stress and tension that divorce can generate can easily encourage a divorcing spouse to feel as though they just need to get through the process as quickly as possible. Unfortunately, the pressure to finalize a divorce as soon as possible can easily cause a spouse to overlook key details of their divorce, ultimately resulting in an imbalanced or materially unfair divorce order. This is especially true when a divorced spouse discovers important information after their divorce has been finalized that should have been considered during their divorce case.

In the event you discover any information that you believe should have been addressed during your divorce, you should prepare for modification proceedings. When new information would have changed the outcome of your divorce, it’s important to bring it to the court’s attention and have your divorce order modified accordingly. It’s also possible to face more serious legal proceedings if you discover that your ex engaged in serious misconduct. Modification proceedings can potentially allow for changes to child support, child custody, and alimony determinations.

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Important Steps to Take Before Filing Your Divorce Petition in California

Important Steps to Take Before Filing Your Divorce Petition in California

The decision to end your marriage is likely to be one of the most impactful decisions you ever make, and it is not one you should make lightly. While it’s vital to take the appropriate time to consider your decision and its potential effects very carefully, it is equally important to consider the potential drawbacks of ending your marriage and the steps required for completing the process.

Many Americans have preconceived notions about divorce that do not entirely align with reality, and many others encounter unforeseen issues with their divorce cases they did not expect and did not know how to handle. Therefore, before you file a divorce petition, consider the following so you can approach this demanding situation with greater confidence.

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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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