Articles Tagged with spousal support modification

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.

Continue reading

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.

Continue reading

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.

Continue reading

Understanding California’s Community Property Law in Divorce

Understanding California’s Community Property Law in Divorce

California is one of nine states that uses a community property statute to resolve property division in divorce. This means that all marital property in a divorce is subject to a strict 50/50 division in every divorce filed in the state. Some people believe the community property standard to be overbearing, often forcing divorcing couples to liquidate assets to divide the proceeds. Others carry misconceptions about what community property means and what is subject to division in divorce.

If you are preparing to divorce in California, it’s vital to understand the value that an experienced divorce attorney can provide in your case. Community property law may seem overly strict, but you still have the right to keep all your separate property in a divorce. A good attorney can help you retain your separate property ownership rights, complete your financial disclosure packet as quickly as possible, and approach property division with greater confidence, helping you secure the most favorable outcome.

Continue reading

Benefits of Legal Counsel in a High Net Worth Divorce

Benefits of Legal Counsel in a High Net Worth Divorce

Any divorce in California can impose severe financial concerns for both spouses, but couples who control substantial assets and complex investments tend to have the most difficult times in divorce proceedings. A “high net worth divorce” was traditionally any divorce involving a couple with a net worth of more than one million dollars. By today’s standards, a “high net worth divorce” is likely to involve a marital net worth in the tens of millions or more.

If you are a high-net-worth individual preparing to end your marriage in California, it is natural to have concerns about the overall financial impact of your dissolution. It’s understandable to want to preserve as much personal wealth as possible and to only part with what you must under California state law. Your situation may be more complex than it appears at first, so it is always best to approach divorce proceedings with the help of an attorney you can trust.

Continue reading

How to Find the Right Family Law Attorney in California

How to Find the Right Family Law Attorney in California

Family law is a unique branch of civil law pertaining to legal matters among family members. Divorces, adoptions, child custody determinations, and spousal support determinations are just a few cases that would fall within the purview of family law in California. Therefore, if you are bracing for a divorce and need to resolve custody over your child or face any other type of legal issue about family law, it is vital to seek legal counsel from an attorney you can trust.

The right family law attorney can be invaluable, regardless of your case. If you take the time to find an attorney familiar with cases like yours and they have a solid track record of professional success behind their firm, you can significantly improve your chances of securing a favorable outcome for your case. With thousands of attorneys practicing throughout California, it can feel overwhelming to approach the task of retaining the right one for your case. The following are a few essential considerations when looking for legal counsel for any family law matter in California.

Continue reading

Reasons a Premarital Agreement Can Be Voided

Reasons a Premarital Agreement Can Be Voided

A premarital agreement might be a valuable option for those who have assets they wish to protect in the event of a divorce. It’s important to use a highly qualified San Diego family law attorney to make sure the agreement is prepared properly. Even with careful preparation, there are situations where an agreement can be voided.

Continue reading

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.

Continue reading

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.

Continue reading

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.

Continue reading

Contact Information