Articles Tagged with marital settlement agreement

Who Needs a Prenup in California?

Who Needs a Prenup in California?Prenuptial agreements have a reputation for being exclusively useful for high-net-worth individuals and not of use or importance for “regular” couples, but this is not true. Taking time to identify the financial responsibilities and decisions within a marriage can ensure clear communication defining responsibilities, which often preserves the relationship from the financial stress of unaddressed matters.

With financial stress remaining a leading cause of American couples taking a step towards divorce, finding ways to establish financial understanding and delegation before the start of the marriage only sets you and your partner up for success. Prenuptial agreements can benefit every couple, not just high-earning individuals.

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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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Tips for Successful Mediation During a Divorce

Tips for Successful Mediation During a DivorceA divorce can be one of the most challenging life experiences for anyone to face. The process can be riddled with difficult decisions and heated exchanges that test one’s emotional stability. For many newly divorced couples, leveraging mediation as an alternative dispute resolution method can offer an effective path to an amicable resolution. A California divorce mediation attorney can make the process much easier.

Mediation can save both parties significant time, money, and emotional distress. Below are some essential tips to help ensure your mediation sessions are putting you on a path to success.

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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. Andrew J. Botros, APC 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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Should I Choose Mediation for My Divorce?

Should I Choose Mediation for My Divorce?Divorce in California can be extremely difficult. Whether the marriage lasted a few months or decades, there are a lot of emotions that can be involved during separation. When it comes to ending a marriage, there are many different options for carrying out the process. While it is common for each side to hire litigation and dispute items in court, mediation is another option that can be more peaceful and leave fewer scars.

Mediation is an opportunity for both of the divorcing parties to talk through their differences together and come to an agreement outside of the courtroom. If you are looking for a quick and easy divorce but still have some disputes about the divorce agreement, then mediation may be an option for you and your ex-spouse.
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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 Andrew J. Botros, APC 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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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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