All property and debt acquired during your marriage must be divided, assigned or equalized. Property includes everything from vehicles, pets and furnishings to bank accounts, tax refunds, real property, retirement benefits and stock options. This property must be divided fairly in order for the judge to grant your divorce.
These resources contemplate all reimbursements, credits, assets and debts that you must account for and empowers you to make choices that best impact your life. We also include tools that we’ve developed to help you evaluate your options and for use in negotiation, mediation or litigation.
It’s no secret that Baby Boomer Divorces are on the rise. According to the Office for National Statistics, divorce is decreasing in every age group except for couples in their 60s. U.S. Census Bureau reports...
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 because duration of marriage often profoundly affects two important issues in divorce:...
For the uninitiated, the idea of representing yourself in family court seems outrageous. Why wouldn’t you hire a professional? Well, there are a number of reasons self-representation might be right for your subjective situation. Whether...
Once we get past these initial questions, the focus shifts to disposition of the home. Who will keep the house? Should one spouse buy the other out? Am I more likely to get the kids...
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...
Depending on the complexity of your case and your financial circumstances, a legal coach (aka consulting lawyer) may be a great way to obtain assistance with your Divorce or other Family Law Matter. Should clients...
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...
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 date of separation so important anyhow? The...
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....
Most people who end up in a family law courtroom have never been to court before. Perhaps they’ve served on a jury or appeared for a traffic infraction – but rarely has a divorce litigant...
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...
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...
Our exhaustive list of California divorce forms with links to download them.
Legalese made easy. This document has all of the terms you’re likely to hear and their 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...
Use our convenient child support calculator to determine an estimate of California child support. Enter in all of the requested information below, and the results will help inform your position for mediation and/or negotiation with...
This worksheet breaks down all of the things you need to think through and resolve before you can finalize your divorce.
You have spent hours poring over all of the forms necessary to finalize your divorce. You researched online, browsed a DIY book, and maybe even had a meeting or two with a lawyer. You were...
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...
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...
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...
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...
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...
Most people (even some lawyers) don’t expect the Evidence Code to apply in family law in the same way that we see it used in Criminal or Civil Law. The fact is that it most...
Mediation, whether through Hello Divorce, with a trained mediation counselor or a divorce financial planner, can be a great option for resolving the issues pertaining to your divorce. At Hello Divorce, we not only guide...
As a general rule, you should think of the courtroom as a formal environment. Dress as you would when going for an important job interview or to church. You can be barred from the courtroom...
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...
As if “divorce by default” isn’t a foreign enough term on its own, we get the wonderful opportunity to inform you that there are actually two types. Both types refer to a divorce where one...
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...
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...
Use our checklist to ensure that 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...
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 those of us who are comfortable with numbers. Sometimes the biggest challenge is figuring out where to start. Read and follow our 10-step guide...
Many of the financial issues surrounding a divorce apply across the board regardless of your age range, but we’ve compiled a list of pertinent financial questions to ask during your divorce depending on where you...
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 distrust that income is being withheld...
Every month, I offer a workshop to women in my community who are either contemplating or in the early stages of divorce. At every Second Saturday workshop we invite a therapist, and a family law...
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.
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...
Defining the QDRO-related terms you need to know.
