Divorce

Divorce proceedings are by far one of the most devastating situations anyone will ever go through. Whether you are the one being served or you are the one filing for divorce, it is not uncommon for your emotions to cloud your reasonable judgment. Rational decision-making is never something that comes easily during a divorce, but it is imperative that you take the right steps to protect yourself before proceeding. 5 Things to Do Before the Divorce No matter how far into the process you are, or if you are just…

These days everything can be turned into a do-it-yourself project. From fixing a leaking pipe to writing your own estate plan – it is easy to assume that with all of the free information out there, you do not need a professional to help you get the job done. Going through a divorce is not easy; even if you and your spouse are amicable. There are numerous issues that must be determined and attempting to resolve those issues on your own can create disaster. Your role in the divorce is…

California is a “community property” state, which means that property acquired jointly by spouses during the marriage is presumed to be part of the community property split. During a divorce proceeding, the court will determine if a piece of property is considered separate or community property. One of the rules that helps provide a clear definition of separate or community property is the rule that property acquired while spouses are “living separate and apart” is considered separate (California Family Code Sec. 771(a). To determine when a couple starts living apart,…

In California, there are two types of divorces: uncontested and contested. The time it takes to obtain a divorce, any applicable waiting periods and receiving the final divorce settlement all depends on whether a divorce is contested or uncontested. While there is no such thing as a divorce that is truly “uncontested” – meaning there is no such thing as a divorce without disagreements – an uncontested divorce is easily resolved without courtroom litigation. The Issues of Divorce No matter the type of divorce, there are still four main issues…

The term “annulment” is frequently misunderstood by California couples. Because pop culture has portrayed an inaccurate picture of how annulments work, California couples assume that they qualify for an annulment based on what they have seen. In reality, however, civil annulments in California are harder to obtain than couples may realize. Requirements for a California Annulment To request an annulment in California, a couple must have reasonable grounds for requesting one. Some reasons a judge may approve an annulment include: The couple is related by blood. One spouse was legally…

  Property division is a heated topic for a divorcing couple. In California, all property and debts that are acquired during the marriage are equally divided following a divorce, unless otherwise stated in a prenuptial agreement. However, “equal” should not be confused for simple. Property division can be extremely complicated as it is based on a number of factors, including the value of the property and how much debts the couple have accumulated. If spouses cannot come to an agreement, the case becomes more complicated and it will be up…

When a new client asks us to handle their divorce, they typically have lots of questions about what to expect from the process. While each case is different, here are some general rules for what to expect from your California divorce. What can I Expect If. My Spouse and I have Children from Our Marriage? If you and your spouse are on the same page regarding physical custody, legal custody, and visitation rights, then you can generally expect these issues to be resolved according to your mutual agreement. However, if…

As part of a divorce, you or your spouse may seek financial support following termination of the marriage. Spousal support (also known as alimony) may be included as part of a mediated or collaborative law divorce settlement. However, if the parties cannot reach an agreement, the judge presiding over your divorce will make the ultimate determination as to who is owed how much following your divorce. Purpose of Alimony The purpose of alimony is not to punish one spouse or to give the other a “free ride.” Rather, spousal support…

Ending your marriage is a major life decision. At Sarieh Family Law, we have the experience to make your divorce as straightforward and efficient as possible. However, getting a divorce still takes time, and it is important to prepare yourself for what’s to come. If you are considering a divorce, we recommend focusing on these five key areas to help yourself stay positive and effectively cope with the process. Maintain and Grow Your Relationships It is important to have a social support structure when going through a divorce. You and…

California is among the growing list of states that only allow “no-fault” divorces. However, that does not mean that one spouse’s “fault” is irrelevant to the divorce proceedings. In this article, our family law attorneys examine exactly what it means to file a no-fault divorce, and how the various factors that often lead spouses to separate come into play. What is a “No-Fault” Divorce? While some other states still recognize one spouse’s fault as grounds for the other spouse to file for divorce, California does not. In these other states,…