As you likely know if you’re a California resident considering divorce, California is a “community property” state. That means unless spouses negotiate a different division of property, state law mandates they both get half of all combined income and assets acquired during the marriage (with rare exceptions like separate inheritances that weren’t commingled with marital assets). If your soon-to-be ex out-earns you, however, that does not necessarily mean you get half of their income after divorce. Post-separation earnings are not considered community property. What if your marriage affected yo ..read more

You know that getting divorced means you and your partner are going to have to divide your assets. You also know that California is a community property state, which means that everything the two of you own is supposed to be divided equally. Unless you have a prenuptial agreement stating otherwise, that is the default position for the court. But does this also apply to debt? Say that your spouse took out a lot of debt that you didn’t approve of during the marriage. Are you still responsible for keeping half of this debt after you get divorced? When did they take out the loans? The big question ..read more

Filing for divorce is rarely easy. For most, many emotions are involved, and it can be scary to think about your life after a divorce.  While this can be a stressful situation, there are things you can do and steps you can take to help make coping with this transitional time easier.  Recognize and address your feelings During a divorce, you may run the gamut of emotions. Grief and frustration may be followed by anger and confusion. You may even feel anxious and depressed. All these are real emotions and things you must deal with.  Trying to suppress these emotions can make a har ..read more

When two people are in love and getting married, formalities are usually the last thing on their minds. However, marriage, as well as being a sign of commitment and love, is also a formal agreement. The legal rights of both spouses will change significantly once they have tied the knot. In the event of a divorce, both parties will receive their share of the marital property, which, in California, is defined as being all property acquired during marriage, including all earnings from employment. When getting married, it’s important to cover all angles and protect yourself. A prenuptial agreement ..read more

Custody agreements outside court are becoming common as years go by. Divorcing parents are gravitating towards negotiations as compared to battling in court. They choose to develop parenting plans that work for their unique situations. This guide discusses three things you should agree on in a child custody matter. They include: 1. The child’s living arrangements You and your co-parent should agree on who will live with the kids primarily. The decision may be based on each parent’s ability to be with them for an extended period. For instance, a parent who travels a lot for work may not be the ..read more

Most often, when two adults meet and fall in love, they hope to live happily ever after. However, no one knows what tomorrow holds. Before getting married, it is prudent that you safeguard your financial well-being. And this is where is prenuptial agreement comes in.  A prenuptial agreement, also known as a prenup, is a written agreement that a soon-to-marry couple gets into before tying the knot. This contract details each party’s assets and stipulates what will happen should the marriage come to an end via divorce. While signing a prenup is generally a good idea, certain circumstances m ..read more

It is not uncommon to face a divorce today. In many cases, the divorce process is settled between two people and only deals with a few matters, such as asset distribution and alimony. However, when kids are involved in a marriage or an unmarried relationship, then there’s often a lot more that needs to be discussed with regards to the kids. You’ll eventually have to tell your kids that you’re getting a divorce or breaking up. While you could spring it on them the very same day that everything is finalized, that could greatly hurt their growth. Instead, you may want to make a plan as to how you ..read more

You know after marriage many of your assets will be shared with your spouse. For many people, there’s nothing wrong with this. However, what some people overlook is that without a plan many of their assets may be lost in a divorce. It’s important to have a protection plan when it comes to your assets, especially if there’s a chance you might lose something important or valuable in a divorce. In response, many people create prenuptial agreements. A prenup is an asset protection plan to ensure assets are distributed to their due place in the event of a divorce. Here’s what you should know: Makin ..read more

There are many things that influence the odds that a couple will get divorced. Some of them are obvious, such as high levels of conflict in the relationship or significant financial difficulties. These things are often cited in divorce cases.  However, there are also a lot of factors that are always working in the background to influence these odds. You may have heard that education level is sometimes connected to divorce, for instance. On top of that, the very age at which you got married can play a role. Why does your age matter? What researchers have found is that your age matters beca ..read more

Most marriages do not turn out to be as idyllic as expected. Unless couples lived together before tying the knot, they are unlikely to know all the quirks and foibles of the other person. On top of that, they probably won’t have been through many difficult moments together, the sort that can challenge even the best relationship. Despite this, some couples really do stay together until death does them part. So, how can you tell if you are going through a difficult period that will pass or have reached a final impasse? Here are some signs that divorce might be the best option: Your relationship ..read more