
Download: Divorce Glossary of Terms
Legalese made easy. This document has all the terms you’re likely to hear with definitions in plain English. Join us and download this free glossary of legal terms.
During a divorce, all property and debt acquired during your marriage must be divided, assigned or equalized. “Property” includes everything you share: vehicles, pets, furnishings, bank accounts, tax refunds, real property, retirement benefits and stock options to name of few of the major things. This property must be divided fairly in order for the judge to grant your divorce.
These divorce resources contemplate all reimbursements, credits, assets and debts that you must account for and empower you to make choices that best impact your life. We also include tools that we’ve developed to help you evaluate your options and use for negotiation, mediation or litigation.
Legalese made easy. This document has all the terms you’re likely to hear with definitions in plain English. Join us and download this free glossary of legal terms.
1. Spousal Support (Family Code Section 4320): While pre-judgment spousal support is generally calculated using a formula, long-term spousal support is determined by review of various factors. Some of the factors the court considers include:...
Our exhaustive list of California divorce forms with links to download them.
When you and your spouse are ready to dive into the ‘nitty-gritty’ and divide your assets and debts, use this spreadsheet for everything from weighing your options, negotiating with your spouse (and/or his or her...
Your first step to make the apportioning process more manageable is to make a spreadsheet that lists all of your property. Sign up for a free account to view our tips and download our example...
1. A marriage of at least 10 years triggers social security rights. 2. Ten years is defined as Date of Marriage to Date of Divorce. So, for example, even if you separated with your spouse...
First things first. If you want to negotiate an agreement with your spouse, you have to remember (and accept) the following principles: • Be mindful that your purpose is to avoid arguing and to be...
If you have one foot out the door, you may be tempted to run and as fast as you can. But before you do, it’s important to do a few things to be as prepared...
Is your house still joint property if you’re not on the title? Well the long answer is “maybe, and the short answer is, probably “yes!” Why can’t lawyers just say “yes” or “no?” Why does...
There are several types of retirement benefits that you or your spouse may have. The IRS provides descriptions of the different plans here. The most common plans are defined benefit plans (think: pensions), defined contribution plans...
Because personal property is defined as everything that you and your spouse own that is not real property (real estate), this category covers a vast number of items. Here is a list of typical examples...
1. A Business Is an Asset Though the spouse who owns the business may feel proprietary over it, a business is an asset. And because it is an asset there must be a determination of...
In a nutshell, long-term spousal support (also referred to as ‘post judgment’ support or ‘permanent’ support) usually lasts for up to half the length of the marriage (assuming your marriage is less than 10 years)....
A declaration is a written statement made under the penalty of perjury. If you are filing a “Request for Order” (or responding to a “Request for Order”) asking that the Judge enter orders providing you...
In California, each party to a divorce is required to complete a set of mandatory documents entitled “Preliminary Declaration of Disclosures” prior to any Judge or Commissioner granting their divorce. These documents include an Income...
When you are given a gift of substantial value from your spouse or Registered Domestic Partner, you might be in for a surprise at divorce in California. Why? If you do not have an express...
What the heck is a divorce lawyer doing writing a blog for two people in love, married, and with no intention of ever separating? Hmmm…Is it because I’m unromantic? cynical? distasteful? Gosh, I hope not....
Each divorce is different, and every case requires legal advice tailored to the client’s individual situation. However, there are certain issues that everyone should consider before taking the leap to move out (even if you...
So, you have spent months (or maybe even years) reaching a resolution in your matter, but the process is not over yet. If you received a money judgment against your ex-spouse as part of your...
Post-nuptial agreements are a written consensus between two parties, entered into after the marriage occurs. The purpose of a post-nuptial agreement (also known as Marital agreement or Transmutation agreement) is similar to the purpose of...
It’s no secret that Baby Boomer divorces are on the rise. According to the Office for National Statistics, divorce has dwindled in every age group except for couples in their sixties. The U.S. Census Bureau...
In a divorce or domestic partnership dissolution, if the parties cannot come to agreement themselves on who gets ownership of a pet animal, the judge will now determine who gets custody – and they can...
"Date of separation" is often a hotly contested issue in California divorce actions. Why? The reason date of separation is so important is that the duration of a marriage often profoundly affects two important issues...
Who will keep the house? Should one spouse buy the other out? Am I more likely to get the kids if I keep the house? Will we have to sell? How will the proceeds be...
Part one of this resource focused on whether or not one spouse had an interest in the property (even if their name was not on title) and what possible reimbursements either party was owed. This...
The news has been full of headlines highlighting ballooning student loan debt. Between 1993 and 2015, the average debt accumulated by students attending four-year colleges nearly quadrupled, from $9,450 per student to $35,000, with 2015...
One of the first questions a divorce lawyer will ask you when you come in for your initial consultation is, ‘What is your date of separation?’ Why is the date of separation so important, anyhow?...
When you get a divorce, the only way to get money paid from one spouse’s retirement account to the other spouse is with a QDRO. Learn what they are and how to get one.
If California is a “community property state,” then what is separate property? Separate property is any asset or debt that was acquired before the marriage or after separation, or any property that was received through...
Most people are aware that in Divorce or Domestic Partnership Dissolution, certain employee benefit plans can be joined to the action to ensure that retirement accounts are divided prior to the completion of the case....
Not all Family Law cases require financial discovery. However, there are many cases in which a spouse must take the extra step of investigating all financial issues of a marriage or registered domestic partnership to...
Between the time the divorce petition is filed and the final entry of judgment, parties are under the purview of the Family Court System. This allows parties to request their family law judge make certain...
Hopefully, you’re never in a situation where you believe that your spouse has failed to disclose marital assets in your divorce proceedings. Unfortunately, there are times when one party to the divorce or domestic partnership...
Do you have a 401k? A military pension? Is your spouse a federal employee or a police officer? Did you know that getting a divorce doesn’t automatically divide your retirement assets? Looking for more tips...
More than ever, litigants and lawyers are using social media to collect information that they can use as ‘evidence’ in a Family Law Case. Facebook, LinkedIn, Twitter, Instagram and various dating websites are all popular...
California is a community property state, which affects how assets and debts can be divided in the event of a divorce. Community property means any property (including income) that is earned or incurred by either...
If your spouse isn’t complying with visitation schedules and child support rulings, you might just be pulling your hair out in desperate need of some stability, wondering where to go next. First, try speaking to...
As if "divorce by default" isn’t obscure enough, there are actually two types, and one is very different from the other. Both types refer to a divorce where one party filed a Petition for Dissolution...
In Colorado, both parties to a family law case are required to complete mandatory financial disclosures. This is true for divorces, child support modifications, allocation of parental responsibilities matters, and the like. So, what does...
Utah is an “equitable distribution” or “marital property” state as opposed to a “community property” state. This means that the marital property is divided in an “equitable” manner. So if your name appears on a...
Most of our clients are surprised to hear that they have to complete financial disclosures. While Hello Divorce may be handling the bulk of your divorce process, the following is a list of the documents...
Colorado is a marital property state, which is also sometimes referred to as “equitable distribution.” Marital property generally refers to any property acquired by either spouse during the length of the marriage. In contrast, separate...
Most of our clients are surprised to hear that even when they’ve reached a full agreement on all divorce-related issues, financial disclosures are still required for both parties. While Hello Divorce may be handling the...
1. A Business Is an Asset Though the spouse who owns the business may feel proprietary over it, a business is an asset. And because it is an asset there must be a determination of...
Since Utah is a marital property state, if the home was purchased during the marriage, then the answer is yes. Marital property refers to nearly everything purchased during the course of the marriage (with some...
Child support in Texas is the money a parent pays to help with the cost of raising a child, including but not limited to food, housing, clothing, daycare, school supplies and extracurricular activities. Both parents...
It’s totally possible to divide your stuff without a lot of bickering or resentment. Use the resource below to help determine who (fairly) gets what. And if it resonates with you, use this quote to...
All divorces require standard forms and processes, but the settlement agreement embodies the nitty-gritty elements specific to you and your spouse’s assets and life. We created a checklist to help you address all items necessary...
In a community property state, what is separate property? Separate property is any asset or debt that was acquired before the marriage or after separation, or any property that was received through a gift or...
Spousal maintenance, also called spousal support or alimony, is either something agreed upon by both parties or is ordered by the court, depending on the circumstances of the marriage and consideration of various factors. It...
You may have already heard me say it before: Divorce is both Procedure & Substance. Procedure = forms, processing with the court, “service of process” (delivery of documents to your spouse). Substance = the issues...
Filing for divorce seems scary and difficult, right? We’re here to make it easier and less stressful. Below, we’ll walk you through the process of an agreed divorce with minor children in Texas, from start...
If you or your spouse are active or past members of the military, getting a divorce can be more complicated. Below, you’ll find information to help you through the specifics of your process. How do...
Alimony/spousal support is one of the most difficult issues to negotiate. These tips and strategies will help you navigate the spousal support conversation with your ex.
Starting January 1, 2019, one provision in the new tax bill could mean thousands of dollars saved or lost each year for those considering divorce.
Every month, I offer a workshop to women in my community who are either contemplating divorce or in the early stages of divorce. On the second Saturday of each month, we invite a therapist and...
The most common type of hearings in Family Court are related to child support, spousal support and/or child custody. These hearings are scheduled after one spouse files a “Request for Order.” Depending on the complexity...
Use our checklist to make sure you have completed every document you could possibly need to get your divorce judgment past those pesky clerks and into the hands of the judge, who will (finally) sign...
In the course of your divorce, the family court may issue a range of orders, including visitation and custody determinations, orders to pay attorney’s fees, and divisions of property. When an ex-spouse (or soon to...
We have all heard the good news. California no longer recognizes a distinction between same-sex and opposite-sex marriages. Any couple can now obtain a marriage license and wed, regardless of that couple’s sexual orientation. In...
Tackling the financial issues of divorce can be overwhelming, even for people who are comfortable with numbers. Sometimes, the biggest challenge is figuring out where to start. Follow this 10-step guide to increase your chance...
Many of the financial issues surrounding divorce apply across the board, regardless of your age range. That said, there are pertinent financial questions to ask during divorce based on your age range. Read them here....
Forensic accountants are growing increasingly popular in divorce cases, and for good reason – unraveling a couple’s financial picture and then dividing that equitably is tricky business. Oftentimes, it’s the distrust that income is being...
If your state is an “equitable distribution” or “marital property” state as opposed to a “community property” state. This means that the marital property is divided in an “equitable” manner. So if your name appears...
Most of our clients are surprised to hear that even when they’ve reached a full agreement on all divorce-related issues, financial disclosures are still required for the Petitioner (and in some counties, the Respondent, too)....
Defining the QDRO-related terms you need to know.
There is a lot to think about after divorce, and that includes thinking about your Qualified Domestic Relations Order(s) (QDRO), which will divide your retirement plan(s). You may have questions after your QDRO is filed...
The right time to think about securing your share of retirement funds in a divorce is at the beginning of the divorce process. Retirement savings can be an important bargaining tool as you divide your...
Can I still file jointly after my divorce is finalized? How to file taxes if your divorce was not finalized by December 31 of the tax year How to file taxes if your divorce was...
Where your money goes in divorce I can’t afford a divorce Can I take out a loan for a divorce? How and where can I get a divorce loan? A divorce money-saving option “I can’t...
The purpose of life insurance Two types of life insurance Determining the cash value of your whole life policy The cash value of a term life insurance policy What to do with your life insurance...
Refinancing vs. selling Updating your mortgage to reflect your decisions A closer look at refinancing Applying for a home equity loan What happens if you fail to refinance after divorce? Does divorce affect your home...
How can divorce affect estate planning? Revocable trust and divorce Dos and don’ts for estate planning during and after divorce How to update your estate plan after divorce Setting up a trust after divorce Estate...
How are credit cards handled in divorce? Can I cancel credit cards during my divorce? Should I pay off credit cards before or after divorce? How to create a payment plan Benefits and risks of...
Who gets the house after a divorce? Your options if you decide to sell after divorce Selling your property while separated but before divorce is finalized What to do if the court orders the sale...
Credit score basics Does divorce affect my credit score? How is debt settled in divorce? Can I open a line of credit or a credit card during my divorce? How do I separate my credit...
Moving out of the marital home Should you rent or buy after a divorce? What about the house I shared with my ex? Pros and cons of renting a home during your divorce Pros and...
YoIt’s not easy to decide to file for a divorce. Even if the divorce is amicable, you and your spouse must settle a wide range of issues. For instance, you must split marital assets and...