Articles Posted in Spousal Support

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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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Do I Need to Add a Moving Clause To My California Custody Agreement?

Do I Need to Add a Moving Clause To My California Custody Agreement?During a California divorce, it can be extremely difficult for couples to reach agreements on decisions related to the future of their children, such as issues related to child support, child custody, and visitation. This process can be emotionally distressing for both parties involved.

On top of that, the topic of relocation often arises, as some parents may wish to move cities or states based on new life prospects.

In particular, California offers many new opportunities across the state, and many prompt parents to want to move. When drafting and executing a custody agreement, it’s important to take this into account and consider adding a “moving clause” to the custody arrangement.

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California Adoption – What You Need to Know

Contesting a Prenuptial Agreement

Many couples planning to marry decide to sign prenuptial agreements, also called premarital contracts, prenups, or premarital agreements. These legally binding contracts outline each party’s provisions, assets, and debts, including educational debts, medical bills, financial accounts, etc. They also set out the rights and obligations of both parties going into the marriage.

The purpose of these agreements is to provide protection for both spouses if they divorce later on. They may address such issues as property division, spousal support, and other aspects of divorce. The main regard of a prenuptial agreement is financial protection, as it is typically an area of caution when one spouse has a significantly higher amount of money, assets, or debt going into the marriage. These are voluntary agreements that require full disclosure of all financials, and they must comply with California state law to be enforceable.

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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 to Keep Your High Net Worth Divorce Low Profile

How to Keep Your High Net Worth Divorce Low Profile

If you are caught in a divorce where a lot of assets are being divided between you and your spouse, this can be a difficult situation to find yourself in. With property, stocks, and other financial interests involved, a lot can be at stake.

Usually, in such high asset divorces, it is in each party’s best interest to keep quiet about the divorce circumstances and details. This can be to allow time for emotional processing and healing and to protect other family members, such as children. Keeping the private details of your divorce confidential can also give you an advantage in negotiations.

Overall, understanding strategies to keep your divorce confidential and private can go a long way towards protecting the interests of you and your family.

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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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