Recent Blog Posts
California Property Division Factors: Is CA a 50-50 State?
Pop culture tells us that when you divorce, you and your spouse each get half. While that’s true in some states, it’s not true in every state. Some states are known as “community property” states, which means that marital property is, indeed, split evenly. Other states are known as “equitable distribution” states, which means… Read More »
What Factors Do Judges Consider When Deciding Child Custody in California?
In California, Division 8 of the Family Code details the general provision when a court is determining who will have custody of children in the event a divorce takes place. Several factors are taken into consideration when deciding on child custody. Regardless of the circumstances, the primary factor will always be what is in… Read More »
What is Physical Placement?
Child custody laws and regulations are far more confusing than they have any need to be. There are different terms addressing decision-making authority as opposed to authority over where the children reside. The legal terms concerning each custodial right vary by state, and even within a given state those terms have evolved and changed… Read More »
What is a Joint Petition for a Divorce?
In California, as in other states, divorces no longer need to be based on “fault,” such as adultery or cruelty–either party can petition for divorce simply based on a breakdown of the marriage. Only one party needs to file; the other party cannot stop the divorce simply by disagreeing. However, there are advantages to… Read More »
What is Common Law Marriage?
Many people have heard the myth that if you live together with your romantic partner for seven years, you are “common law married.” If you break up after seven years, the myth suggests, you can ask for alimony and property division. While common law marriage does exist, as with most things in the law,… Read More »
What is a Pro Se Divorce?
People facing the prospect of divorce have a lot to consider, and one of the main sources of concern is the cost. Divorces cost money, and it’s important to consider how to keep those costs low. Many people are aware that they can file for divorce “pro se” but are not sure exactly how… Read More »
When Are Drug Tests Used in Child Custody Cases?
California is a no-fault divorce state. Not only does California permit couples to divorce based on no-fault grounds (legally known as “irreconcilable differences”), California no longer even allows couples to file for divorce based on alleged fault. There are circumstances, however, under which certain bad acts can affect a divorce proceeding. Domestic abuse, criminal… Read More »
How Long Does California Military Divorce Take?
Divorce never comes at an easy time. If one spouse is an active-duty servicemember, the divorce proceedings can become that much more complicated. A number of issues unique to military divorces may arise which can complicate or delay the proceedings. Below, our knowledgeable Claremont military divorce attorneys discuss complications that can come up in… Read More »
What are the Current Alimony Tax Laws?
Reaching a favorable and fair divorce settlement requires a lot of care and consideration. It’s not enough to look at the relative income and assets of each party. It’s important to also take into consideration the additional consequences of all aspects of the divorce, including payment of mortgages and other debts, insurance costs and… Read More »
Difference Between Legal Separation and Divorce in CA?
Unlike many states, California has a process for “legal separation.” Legal separation is similar to divorce but different in key respects. Continue reading to learn how legal separation operates in California, and reach out to a seasoned Claremont divorce and separation attorney for advice and representation in a Southern California family law matter. What… Read More »
