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: Divorce
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 »
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 »
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 »
You are Preparing to Separate. What Should You Consider if You are Going to Stay in the House or Use a Jointly Owned Car?
“Watts” charges or credits refers to the case of In Re the Marriage of Watts. The court in that case dealt with the issue of what happens when one party in a divorce uses a community asset after separation. Common situations are when one party stays in the family residence and the other moves out… Read more »
How is Spousal Support Calculated?
Divorcing spouses may agree on how much support will be paid, the length of time it will be paid, and other aspects of spousal support, sometimes called alimony. In the absence of an agreement, there are two different methods a judge will use to determine spousal support. At the beginning of a case, when the… Read more »
Have You Decided to Separate? What Do You Tell Your Children and How Do You Protect Them?
Research shows us that it is important for children to have age appropriate information about what is happening and the impact on them. We also know that it is important that the children not be caught in the middle between parents. Talking poorly about the other parent to or in front of your children is… Read more »