Common law marriage generally refers to a marriage that is considered valid by both partners, but has not been formally registered with a state or church registry, or a formal religious service. It is only available in a limited number of places and is not available in California. Most jurisdictions in which common law marriages… Read more »
Posts Categorized: Legal
Why Do You Need An Estate Plan?- Part Two
Think about your children for a moment. As YOU get older, your kids begin to be concerned that there might be a mess to sort out when you are gone. They probably find it very difficult to talk about this with you, perhaps because they are afraid you will think they want you to die…. Read more »
What Happens If My Spouse or Partner or I Pay Joint Debts or Expenses after We Separate?
When couples decide to separate, it often takes some time to sort out their finances. Sometimes, they still live together and have a lot of joint expenses. Even when they are not living together, they may still have joint debts such as credit cards, car and other installment payments, and a mortgage. There are different… Read more »
Why Do You Need An Estate Plan?- Part One
Many people think that if they are not rich, they don’t need an estate plan. Many more people figure that “things will just work out” when they die. The vast majority of people don’t like to think about dying.Many people think that if they are not rich, they don’t need an estate plan. Many more… Read more »
How is the Monthly Amount of Child Support Calculated?
In California, in the absence of an agreement providing otherwise, child support is calculated by using a “guideline” formula, which takes into consideration the respective incomes of each parent, the percentage of time the child has with each parent, and various other factors that affect an individual’s income or taxes. This formula is based on… Read more »
Three Tips for Talking to Your Spouse About an Amicable Divorce
You have decided to get a divorce and hope to work it out peacefully. How can you prepare for talking to your spouse about an amicable divorce? 1. Educate yourself about the options. You can do your own divorce but often people need professional help to avoid problems. Mediation and Collaborative Practice are two methods… Read more »
What Happens to Spousal Support If the Recipient Decides to Live with a Significant Other?
If the recipient of spousal support elects to cohabit with someone with whom he or she is romantically involved, it may affect the recipient’s rights to continue receiving spousal support. If the recipient of spousal support elects to cohabit with someone with whom he or she is romantically involved, it may affect the recipient’s… Read more »
Does a Trust Protect Me From Creditors?
A trust does NOT protect you from creditors. One of the wonderful things about a trust is that it is so very, very easy to deal with after you set it up. There are no formalities to follow, no forms to file, no permission to ask. You DO have to title you assets into your… Read more »
What’s the Difference Between Legal Separation and Divorce?
In California, you can request that the court issue a Judgment of Dissolution of Marriage (the legal label for a divorce) or a Judgment of Legal Separation. If you request a Dissolution of Marriage (a divorce), the Judgment can include your agreements or the court’s orders about parenting, the division of your assets and debts,… Read more »
Will I Automatically be Divorced in Six Months?
No. A divorce is not automatic. In order to get a divorce you first have to file a request with the court – a Petition for Dissolution (divorce). The earliest date you can be divorced in California is six months from the date the Petition and other papers are served on your spouse. Service can… Read more »