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.
Property & Debt Division
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 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.
Our Favorites:
- How Do I Get My Share of the Retirement Accounts
- How a Divorce Financial Planner Can Help
- Social Security Benefits & Divorce
- Selling Your Home? Things to Think About
- Divide, Buyout or Cash-out Retirement Accounts?
Ten Important Laws You Need to Know About (if You’re Getting a Divorce in California)
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...
Complete List of CA, CO, UT Divorce Forms—with Links
Our exhaustive list of California divorce forms with links to download them.
California Property and Debt Division Cheat Sheet
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...
Dividing Personal Property Spreadsheet Example
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...
Social Security Benefits & Divorce – 10 Facts You Need to Know
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...
How to Keep Your Divorce Conversations Productive
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...
Pre-Leaving Checklist
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...
I am not on title to our California house, is it still joint property?
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...
Divide, Equalize, and Offset, or Cash Out Retirement Accounts in California?
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...
Five Reasons Your CA Divorce Judgment May Have Been Rejected (& What to Do about It)
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...
Dividing Personal Property in a Divorce in California
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...
Five Points to Consider if You or Your Spouse Has a Business in California
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...
10 Tips for Writing a Persuasive Family Law Declaration to be Attached to a California Request for Orders
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...
Mandatory Financial Disclosures in California: In a Nutshell
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...
Is a gift from your spouse really a gift? (CA)
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...
Plan B: Why the Happily Married Should Consider a Post-Nuptial Agreement
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....
Should I Stay or Should I Go? Five Issues to Consider Before Moving Out of the Marital Home
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...
7 Tips for Collecting Your Family Law Money Judgment
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...
Our Postnup Primer for California
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...
Unique Issues for the Baby Boomer Divorce
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...
Divorce and Pets — Who gets Fido?
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...
Why is Date of Separation Important in a California Divorce?
"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...
Home is Where the Heart Was; Divorce & the Family Home (Part 1)
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...
Home is Where the Heart Was; Divorce & the Family Home (Part 2)
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...
What is a Legal Coach and Should I Get One?
My Debt or Yours? How student loans are treated upon divorce.
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...
Should I Stay or Should I Go? Date of Separation Laid to Rest
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...
What is a QDRO?
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.
What Is “Separate” Property in California?
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...
You, Your Spouse, and … (Third Parties Joined to Divorce Actions)
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....
Divorce Court 101
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...
What is Financial Discovery?
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...
Rules of Engagement in Divorce: Play Fair or Pay Up
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...
Suspect Your Spouse is Hiding Assets During Divorce?
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...
Understanding QDROs: Dividing Retirement Plans in Divorce
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...
How Social Media Can Undermine your Divorce Action
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...
What Is “Community” Property?
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...
How Can I Enforce a Court Order for Child Visitation or Custody?
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...
What is a divorce by default in California?
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...
Colorado Mandatory Financial Disclosures: What You Need to Know
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...
What is Marital Property? (UT)
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...
All the Info and Documents You Need for Financial Disclosures in Utah
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: What is Separate Property?
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...
All the Info and Documents You Need for Financial Disclosures in Colorado
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...
Five Points to Consider if You or Your Spouse Has a Business in Colorado
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...
I am Not on Title to Our House, is it Still Considered Marital Property? (UT)
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...
How is child support calculated in Texas?
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...
Download: Property Division Spreadsheet
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...
DOWNLOAD: What to Include in Your Settlement Agreement
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...
WORKSHEET: Create Your Co-Parenting Plan
We’ve created a worksheet for you and your ex to use to plan your ideal co-parenting arrangements, so you can make sure everyone is on the same page when it comes to your kids. Download...
What is “Separate Property”?
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...
How is spousal maintenance decided and calculated in Texas?
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...
Divorce 101: California Divorce Law Video Tutorial
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...
How to file an agreed divorce with minor children in Texas & what to expect
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...
What Texas military members should know when divorcing
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...
QDRO (Qualified Domestic Relations Order) and Divorce
Tips for Getting Your Spouse On Board with Mediation in California
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...
How to Talk to Your Ex About Spousal and Child Support
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.
Understanding Spousal Support: The New Tax Bill Changes How Alimony Is Taxed
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.
How a Divorce Financial Planner Can Ease Your Transition
Every month, I offer a workshop to women in my community who are either contemplating or are in the early stages of divorce. The second Saturday of each month, we invite a therapist and a...
What Are the Different Types of Court Hearings I Might Have to Attend? (CA)
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...
California Divorce Checklist
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...
What is Contempt?
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...
Special Considerations for Your Same Sex Divorce in California
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...
10-Step Quick Guide for Tackling Divorce Financial Issues in California
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...
Financial Questions You Should Be Asking During Divorce, by Age Range
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: What They Do and When to Use One
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...
What is Marital Property in Colorado?
Colorado 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...
All the Info and Documents You Need for Financial Disclosures in California
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)....
QDRO Glossary
Defining the QDRO-related terms you need to know.
My QDRO has been filed. Now what?
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...
How Do I Get My Share of Retirement Savings After Divorce?
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...
Filing Your Taxes After Divorce: Everything You Need to Know
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...