When will I finally be Single

The answer to that is, after the "cooling off period." California has a so-called “cooling off period”. This means that once a moving party has filed for divorce and the other side was personally served, the six month and one day waiting period begins. Not from the date of filing, but from the date of service, the time starts to kick in, BUT after six months and one day clients will still not become automatically divorced, as most clients usually expect. There are two scenarios where the divorce could be semi easy.

How to create a valid PRENUPTIAL AGREEMENT

As summer comes slowly to an end, prenuptial agreements are still a hot item. Clients would like to get married and would like to create a valid prenuptial agreement. Here is how to create a valid agreement that will be upheld in court.

How To Protect Your Assets in a Divorce

Usually, when divorce starts, it is harder for an attorney to get documents and start to subpoena documents in demand, unless a client has access to the documents at home. Before you move out, make copies of all financial documents as far back as possible, and strategize with your lawyer prior to moving out on how to get those documents quicker. Subpoenas are of course possible if you cannot retrieve the document yourself. The only problem with subpeonas is that you may be unable to retrieve all the information you need. For example, banks don't hold bank accounts open for more than seven years. So if you have in your possession 10 years worth of accounts and account statements, that could be helpful in some situations.

What’s Claim?

‘What's claim’ is based on the What's case from 1985 by California Court Of Appeal and says that the husband in the above example may be reimbursed. Assuming the husband had been paying the mortgage from community property money and that the two had been married for 20 years that payment is reimbursable under ‘What's Claim.’ This means if the mortgage payment was $5,000 or $10,000 every month that payment has to be credited to the community.

What is MEDIATION all about?

what it includes and what are the advantages of it in a divorce process? Mediation is a process that requires both parties’ consent. A mediator is usually a lawyer or a retired judge who helps facilitate negotiation settlement.

What is the typical process timeline for a divorce case?

Retirement accounts and pensions are often one of the biggest assets to be divided in a divorce or legal separation. Certain types of retirement accounts and pensions must be joined to the case, so that the court’s order for division of the account can be followed. Information about what types of plans must be joined and which do not need to be can be found on California Judicial Council Form FL-318-Info or by talking to a lawyer.

How does the 10 year rule work in a divorce case?

Retirement accounts and pensions are often one of the biggest assets to be divided in a divorce or legal separation. Certain types of retirement accounts and pensions must be joined to the case, so that the court’s order for division of the account can be followed. Information about what types of plans must be joined and which do not need to be can be found on California Judicial Council Form FL-318-Info or by talking to a lawyer.

How do divorce mediators work?

Retirement accounts and pensions are often one of the biggest assets to be divided in a divorce or legal separation. Certain types of retirement accounts and pensions must be joined to the case, so that the court’s order for division of the account can be followed. Information about what types of plans must be joined and which do not need to be can be found on California Judicial Council Form FL-318-Info or by talking to a lawyer.

Division of Retirement Accounts

Retirement accounts and pensions are often one of the biggest assets to be divided in a divorce or legal separation. Certain types of retirement accounts and pensions must be joined to the case, so that the court’s order for division of the account can be followed. Information about what types of plans must be joined and which do not need to be can be found on California Judicial Council Form FL-318-Info or by talking to a lawyer.

What’s a QDRO?

QDRO stands for Qualified Domestic Relations Order. A QDRO is used to divide certain types of pensions and retirement plans. The Employee Retirement Income Security Act (ERISA) was passed in 1974 and under this act, certain benefits may only be paid out to the plan participant with a court order, a QDRO, dividing or assigning the benefits.

Taking Care During Divorce

There are a lot of legal and financial things to keep in mind during a divorce. But don’t forget that a divorce can also be an emotional and psychological process. A divorce is generally a big change in your life.

Finances during and after your divorce

Review your paystubs: Be aware of your typical monthly income, any variations and fluctuations, and what deductions are being made in terms of taxes, benefits payments, etc. This helps in filling out your financial disclosures and for planning your budget.

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