Distribution of Marital Property: The House
In California, when spouses are going through a divorce, a judge will divide all marital property in accordance with community property laws. Your Orange County family lawyer will help you understand the meaning of community property and how it will affect the outcome of your divorce. In general, community property states are those with laws...
Divorce Annulment
When an Annulment is the Right Option Once you have decided your marriage is over, the next step is to decide what to do about it. Most people automatically think divorce is the only option. However, filing for an annulment of your marriage may be feasible and will definitely be less expensive. Before deciding which...
Divorce Contested Versus Uncontested
Benefits of an Uncontested Divorce A divorce settlement focuses on four primary concerns: How the marital property will be divided How the debt will be divided How child custody issues will be handled How child and spousal support will be determined There is no such thing as an “uncontested” divorce because most divorces occur because...
Divorce Date of Separation
Why the Date of Separation Matters When a couple files for legal separation or divorce in California, the exact date of separation has a significant impact on future division of property. The date of separation is used to appropriately identify community property and separate property. Property purchased by either spouse after the date of marriage...
Divorce Enforcement
Often the divorce process is not as difficult as the actual enforcement of the settlement agreement particularly when one person believes the settlement is unfair. It is not uncommon for non-custodial parents to withhold child or alimony payments. Child visitation can be particularly volatile when one parent refuses to allow the child to visit the...
Divorce Modification
Modification of Post Divorce Orders A California divorce settlement will include multiple orders that outline child custody and visitation requirements as well as child and spousal support. Post-divorce orders can be modified based on requests from either spouse to make a change. Each type of order has specific modification guidelines that must be met before...
Divorce Property Division
Property Division during a Divorce or Legal Separation Property division is a highly contentious issue in a divorce. Both spouses often want community property which includes everything the couple jointly own. Because California is a community property state, both spouses have equal right to and ownership of money earned during the marriage. It is irrelevant...
Divorce Property Restraint
Purpose of a Property Restraint Order Most people are familiar with restraining orders as they relate to menacing or violent behavior that forces an individual to seek protection from the courts. However, there are other types of restraining orders that may be obtained during a divorce proceeding. A qualified divorce attorney can help you get...
Divorce Spousal Support
Spousal Support and Divorce Spousal support is often one of the most challenged aspects of a divorce. It is not always clear that spousal support is warranted. Each spouse will be leading separate lives and will be responsible for making ends meet. This is true whether or not children are involved. Many divorcing couples fight...
Divorce Summary Dissolution
Summary Dissolution of a Marriage If you live in California, you can easily obtain a divorce without the hassle of a court trial by getting a summary dissolution of your marriage. A summary dissolution cannot be used by everyone seeking a divorce. There are eligibility requirements that couples must meet to qualify for summary dissolution. ...
Shielding Children from Divorce
As any Orange County family attorney can attest, dragging children through an acrimonious divorce is one of the most undesirable aspects to a dissolution-of-marriage proceeding. Children often blame themselves for their parents’ split and the services of a professional counselor may be required to assure the children that they are loved and not to blame for the...