California is a community property state, and thus in general all assets acquired by a couple during their marriage are deemed to be equally owned by each spouse and subject to equal division during a divorce. This general principle applies to debts that the couple acquired during their marriage as well. These obligations can include credit cards, mortgage payments and medical expenses, and they can change the financial consequences of a divorce radically.
Spousal or partner support refers to payments that one party makes to the other when a couple separates or divorces. One party can apply for this support as part of divorce, annulment or legal separation proceedings, or the party could apply as part of a restraining order connected with domestic violence. The court may grant a temporary support order that will last until the court date, when they could issue a long-term order after considering all of the facts in the case.
California residents who are paying spousal or partner support after a divorce might need to modify or end a spousal support order if circumstances change. There are a variety of reasons for deciding to modify or end a spousal support order, and it is recommended that the changes be made as soon as possible, as judges are not allowed to date the order retroactively when they sign it.
Coming to an agreement on orders for child or spousal support can be a lengthy and frustrating process. But these determinations may be inevitable and they allow people to secure the support they need and deserve. The importance of resolving these issues in a fair and legal way cannot be overstated.
One of the most serious fears people have when getting divorced is how they will fare financially. They can be understandably concerned with what they may stand to gain or lose in a divorce.
In California, especially in the Bay Area and Central Valley, people hail from different lands and bear different immigration statuses. Considering we are a nation of immigrants, it is not uncommon to stumble upon an immigration issue in a family law case.
When going through a divorce, some couples will do anything to just get it over with. No one wants it to be a long, drawn out process, but speeding through a divorce -- particularly when working on asset division -- can create financial issues after the fact. Couples in California who are working through a divorce may want to consider the long-term consequences of the terms of their property division before agreeing to it.
As easy as it would be to turn to tabloids for fodder for our blog, we try hard to avoid them. Rarely do the circumstances of celebrity divorces have any relevance to readers in and around Pleasanton.
If there is one thing that current social trends teach us it is that concepts of the traditional family are constantly being challenged and changed. California may have a particular reputation as being on the cutting edge of such change.
When a married couple is facing divorce and a division of complex assets is required, it can be a significant challenge. Such matters can be fraught with emotion for a California couple and that can make for tensions, unless an environment of calm and reason can be created. With the help of an experienced attorney, it can be possible to keep things focused on plans for the future.