Articles Tagged with spousal support

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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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What Are Grounds for Annulment in California?

What Are Grounds for Annulment in California?

In California, divorces and annulments serve the same general purpose—to legally terminate a marriage between two parties. However, the two tools function in vastly different ways. While an annulment is a legal declaration that a marriage never existed, it is different from a divorce. Divorcing spouses recognize that they were once legally married but choose to terminate the marriage relationship and keep a legal record of the life event. By contrast, annulments allow the spouses to proceed with no record of the marriage because the marriage was not legal in the first place. This specific illegitimate aspect is known as “grounds” for the annulment.

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Making a Change in Divorce Judgements Due to a Change of Circumstances

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Life can change in an instant, and individuals who are divorced are not immune. In fact, divorced people frequently experience changes in their life circumstances that may necessitate changes in terms of their divorce regarding spousal support, child support, or child custody and visitation. If you are in a similar situation that has made the terms of your divorce untenable, it can be difficult to know where to start. However, it is important to know that you are not alone.

The first step toward changing a divorce judgment is to request a hearing. A hearing allows you to prove in court that you have experienced a significant lifestyle change since the time that your divorce was settled. The courts do not provide a specific outline for what constitutes a change of circumstances, but they will consider various factors that may affect the terms of your divorce.

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Acceptable Grounds for Family Court Order Modification in California

Acceptable-Grounds-for-Family-Court-Order-Modification-in-California

Family law is unique in many ways. Perhaps most notably, the family law system offers a more streamlined alternative to the standard appeal process when an individual accountable to a family court order believes the order to be unreasonable or untenable due to recent events. Family law acknowledges that life is unpredictable. Due to the nature of most family court orders, the terms of an order may not be as reasonable in the future as they are at the time they are signed into effect by a judge.

If you have recently experienced any major life events that have materially influenced your standing family court order, the modification process can allow you to make simple changes that reflect the recent changes in your life. This does not mean you can repeatedly pester the court until they modify your family court order to suit your exact preferences. There are certain conditions that must be satisfied if the court is to approve of any proposed modification.

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Mediation vs. Litigation: What Is the Right Path for Me?

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Divorce is never a desired outcome for any marriage. If you and your spouse have decided to get a divorce, there are two main paths to take to separate yourself from each other. Divorce often involves intense negotiations. It can also feel as though the stakes are high, especially when property and finances are involved. When it comes to divorce, some couples make this decision amicably. In other circumstances, the situation may be more complex.

When it comes to your specific divorce, your two main choices are mediation or litigation. What type of divorce depends on what works best for the two parties involved. Both options will determine the best way to divide what assets you have and determine any custody issues or required support. Regardless of whatever path works best, you should be able to reach a mutual decision. You should also be able to determine child custody and support. Either path will also help determine how to separate property, assets, and debts. Understanding the differences between mediation and litigation can help determine which path is ultimately best for you.

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Misconceptions of Signing a Prenup

Misconceptions-of-Signing-a-Prenup-scaled

Getting married is one of the most exciting life events. You’ve decided to settle down with a certain someone, and you’ve committed the rest of your future to that person. Marriage is not only the union of the two individual people but also a union of every different element of your lives, including property, finances, and general way of life. Before heading down the aisle, you may want to consider having a prenuptial agreement on file. While it may not be the most romantic aspect of your wedding planning, it will set up both parties with a secure understanding of what would happen if things ultimately don’t work out. When it comes to having a prenup, many common misconceptions influence making this important decision.

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Common Signs That May Mean It Is Time for a Divorce

Signs-That-May-Mean-It-Is-Time-for-a-Divorce

When a couple decides to get married, the last thing on their minds is the possibility of a divorce. Unfortunately, life takes some unexpected turns, and individuals begin to question whether they made the right decision. It can be a difficult storm to weather, as no one wants to see their fairy tale turn into a nightmare, but many signs may make it apparent that you should consider the possibility of a divorce. Whether you are still living in the same household, or separated and trying to find a way to make things work, consider these common indicators that a divorce may be the only way to move on with your life and be happy.

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Understanding Spousal Support

Understanding-Spousal-Support

Divorce is never an easy process. There are endless factors that can contribute to the ease and difficulty of a legal separation. Many different laws apply when filing and following through with a divorce. One factor to consider when obtaining a divorce in California is the concept of spousal support, which can also be known as alimony. When couples legally separate, the court may order one spouse or partner to pay a certain amount of support money each month. This can be a problematic issue, and it is crucial to find a family law firm that can help you understand support, calculate the amount of support, and help prepare court forms.

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How Is Spousal Support Determined?

How-Is-Spousal-Support-Determined

One aspect of the divorce process that is often misunderstood is spousal support, also referred to as alimony. References to this form of support are often made in the media. Many people wonder why spousal support exists in the first place, beyond a convenient plot device to add drama to an already tense situation. It’s natural for people to be confused about how the courts determine when spousal support is applicable, how much spousal support is owed, and why it’s necessary to have any spousal support at all. Like many other aspects of family law, spousal support has been a part of the system for many years and was created with justice and people’s well-being in mind. That being said, the basic concept of spousal support has certainly undergone several transformations since it was first conceived.

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