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Under California Family Code Section 760, community property refers to nearly all assets acquired by a married couple during the marriage while residing in California. Conversely, separate property is property that is owned by the acquiring spouse alone and is acquired before marriage, after legal separation, or solely by gift or inheritance. This article defines marital and separate property in California and explains how assets and debts are divided during a divorce. You learn the difficulties of commingling, the duty to...
California divorce mediation is a voluntary, confidential option in which a neutral third party, called a mediator, helps divorcing parties negotiate and develop a divorce settlement that both are...
A legal marriage is a state-sanctioned civil contract between two persons, which is entered into with the consent of both parties, a marriage license, and a formal ceremony conducted according to...
California Law created a new divorce and legal separation process with Senate Bill 1141, which took effect on January 1, 2024. Couples can now file together as “Co-Petitioners” on Judicial Council...
When a marriage fails, and the couple agrees to end it amicably, they can benefit greatly from summary dissolution. This works only when the couple agrees to divorce privately and respectfully, without conflict. They can agree on critical matters like property division, child support, and alimony, which can prolong the divorce process and lead to irreparable differences in the end. However, this process only works if the couple meets a particular legal criterion. A skilled divorce attorney can help you understand the criteria...
Retroactive child and spousal support are calculated based on the amounts not paid over a specific period. Generally, courts calculate retroactive payments from the filing date to the date when a...
The California Superior Court can formally acknowledge a foreign family court judgment in a recognition proceeding. Once recognized, the court can grant the order legal effect and make it...
Financial disclosure in a California dissolution of marriage is a compulsory legal process in which both spouses provide a sworn accounting of all community and separate property assets, debts, and...
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