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San Jose, CA 95125
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In this guide, We'll walk you through the essential steps to finalize your divorce in California by creating a divorce judgment. This judgment, also known as a Marital Settlement Agreement, is a crucial document that formalizes the dissolution of your marriage and outlines key aspects of your separation. Let's dive into the process and ensure you meet all the legal requirements without missing any important details.
Our next process is collaborative law or collaborative practice. You and your spouse, a mental health professional, a financial expert, and two attorneys, one for each of you, work together to reach an agreement using a “team approach”. The spouses and attorneys agree not to use any formal court procedures, like a judge, hearings, trials, or formal discovery...
Creating a Detailed Spousal Support AgreementWhen you include permanent support in your agreement, you want to include the amount, when it starts, what days in the month it will be paid, and if agreed, when it will end. You can also add more to the agreement, such as when a spouse needs to start looking […]
Many couples have community retirement accounts. Any contributions made during marriage, whether 401(K)s, 403(B)s, IRA, Keoghs, military retirement benefits, or pensions, are community and each spouse is entitled to one-half.
A parenting plan details your responsibilities to care for your children. I’m a big proponent of detailed parenting plans and believe it’s the best way to set yourself up for co-parenting success...
With employee stock plans, the company offers the employee company stock, like stock options or restricted stock units, as part of the employee’s compensation. The company offers these benefits to attract talent and encourage employees to invest in their company’s growth. If their company does well, they do too.
Modifying Spousal SupportIn the future, your spousal support order may no longer be right because of some kind of life change. If it's a material change of circumstances, you can change the spousal support order, called a modification. A material change of circumstance requires a significant change that was not present when the original support […]
There are common properties to divide in a divorce like the family home, retirement plans, employee stock plans, household items, and debts. You can divide these using the traditional divisions discussed, or use more creative strategies like holding the property jointly after divorce or constructing a payment plan for a buyout.
Permanent Spousal SupportPermanent spousal support starts when you finish your divorce. Permanent support doesn’t mean support will be paid forever, but it's the spousal support order in your divorce agreement. The purpose of permanent support is different from temporary support. Permanent support is paid so the lower earner can maintain the standard of living the […]
There are qualifying expenses that are in addition to the guideline child support amount. These are called add-ons, either mandatory or additional. Mandatory must be included in the child support order...
In litigation, a judge will decide your case based on the law. When you go before a judge, you must follow the court’s rules and procedures. You can actually represent yourself or have an attorney represent you...
During your divorce, your children will look to you for support and guidance as they deal with your separation. Although you are going through your own challenges, you still need to provide them the support they need...
The child support formula is in Family Code Section 4055. The formula takes the parents’ custodial time and their total net disposable income to calculate support. Net disposable income is the money you have after you paid taxes...
Divorce is unchartered territory. It’s a complicated and unfamiliar legal process that deals with very personal issues. You want to get it right, but if you don’t know what you are doing, it’ll take you longer, cost you more, and you can’t guarantee you’ll get a good result.
The Child Custody timeshare schedule details determine who your children will be with for the school year or regular schedule, the holidays, and the summer. You want to create a schedule that is age appropriate and well-suited for your children...
Child support in California is crucial. It guarantees that children get the money they need from their parents no matter how life changes. This applies to situations like divorce to parents who were never married.
Keep in mind, that doing your divorce on your own is the cheapest and most cost-effective CA divorce process. If you and your spouse agree and don’t have much, this makes a DIY divorce even better. Check out our program, The Complete Divorce, to get started and be done quickly. It works out to be the fastest way to get a California divorce.
In divorce, how assets and debts are divided is subject to a number of laws. Assets being what you own and debts are what you owe. Since laws are the same for assets and debts, I’ll refer to both collectively as property. How property is divided depends on its character...
Completing a Divorce Petition Forms in CaliforniaWho’s Who in Divorce?The spouse that starts the case by filing the first divorce papers is called the Petitioner. The other spouse will be the Respondent, the spouse that responds to the Petitioner’s divorce filing. There’s very little legal difference between Petitioner and Respondent and both have the same […]
When it comes to a divorce in California, the division of community property is a crucial aspect that needs careful consideration. Understanding the various methods for property division can help ensure a smoother process. Let's delve into some effective strategies for dividing community property and address the legal aspects associated with it.
Experiencing the Stages of Divorce: A Comprehensive GuideDivorce can be a devastating and life-altering event in one's life, giving financial, emotional, and spiritual strain. You know well that divorce can impact the children, too. The 7 stages of divorce have strong similarities to the five stages of grief. Individuals experience the stages of grief following […]
Filing and Serving the Divorce Petition in California: Stepby Step guideFiling for divorce in California involves several crucial steps, from completing the necessary paperwork to serving the divorce papers to your spouse. Here's a comprehensive guide to help you navigate the process smoothly.Filing Petition Packet: After assembling the Petition Packet, it's time to file these […]
FL-120 How to Complete the Response Forms for a Ca DivorceAfter the Petition Packet is served, it's the other spouse’s turn to respond to the Petition Packet. If that is you, you are the Respondent. You'll complete, serve and file the Response and Request for Dissolution of Marriage, and, if you have minor children, the […]
The court requires that all divorcing parties complete a Declaration of Disclosure, FL-14O. These are a set of forms used to disclose all your financial information--even separate property. These forms must be exchanged with your spouse and are signed under penalty of perjury, so completing them truthfully and fully is very important; and if you don’t, or fail to provide these forms to your spouse, you can’t get divorced. Violating these rules can result in severe penalties.
While you work through your property to divide, remember to also work through your debts. Debts are assigned in the same way as property. If incurred during marriage, the debt is a community obligation, unless it was incurred in a frivolous or fraudulent manner.
In sunny California, where dreams often take shape, marriage can sometimes hit rough patches. Like any adventure, it might lead you to unfamiliar territory. If you're thinking about separating in California, it's crucial to know your options.
While you work through your property to divide, remember to also work through your debts. Debts are assigned in the same way as property. If incurred during marriage, the debt is a community obligation, unless it was incurred in a frivolous or fraudulent manner. If the debt is a community, you are each responsible for one-half.
If you're wondering how to tell your spouse you want a divorce, take a step back and focus on this one question. Plan a strategy to begin the process successfully .However, before you move forward, consider exploring the possibility of reconciliation...