Living together before marriage is more common than at any time in recent history. According to a Pew Research study, the number of people who have ever cohabited is higher than the number of people who have ever been married. Several major studies disagree on whether people who live together before marriage are more or less likely to divorce. If divorce does become a reality, cohabitation might affect your divorce settlement.
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Chris and Taylor had been a couple for several years before they decided to make it ‘official.’ They had heard of domestic partnerships and same-sex marriage and assumed that the two institutions were basically the same. However, Chris and Taylor learned there were some significant differences when they decided to split up.
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Sophia thought divorce would be easy. You just file a few papers in some government office, and then, voilà, your marriage is over. She was surprised to learn that filing for divorce in California can get pretty complicated.
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State divorce laws govern divorce settlements. Generally, state laws allow either community property or equitable distribution schemes when dividing a couple’s assets. However, only nine states use community property law: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. If you live in a community property state, it’s important to understand how property division will work if you or your spouse files for divorce.
The basic rule of thumb is that a couple’s community property and debts are split 50-50 during a divorce. However, not all of a married couple’s assets are divided. Property can be either separate or community.
Separate property usually does not enter into the divorce property division equation.
Although this sounds simple, determining whether something is separate or community property can be complicated. Separate assets brought into the marriage may be used in a way that make them community property. An inheritance received during a marriage is separate property but mixing the inherited property with community property could change it for the purposes of property division.
During the property division phase of a divorce, the couple can negotiate how property is split. Their agreement does not have to be 50-50, but the division should be fairly equal. Otherwise, a judge may not sign off on the couples’ marital settlement agreement.
When calculating property division, a couple will:
Special consideration may be given to retirement plans, debts with complicated terms or high interest rates,
If a couple cannot agree on the split, a judge may make the tough decisions for them. Also, remember that property remains separate or community until the judge signs your final divorce order.
Talk to an experienced California divorce attorney today. Please call us at (415) 293-8314 to schedule a confidential appointment with one of our attorneys.
Please call us at 415-293-8314 to discuss your case. The attorneys at the Law Offices of Judy L. Burger assist clients with divorce matters in San Francisco, Beverly Hills, Marin County, Santa Barbara, Ventura/Oxnard, San Jose, San Diego, Gold River (Sacramento), and surrounding communities.
Jennifer knew she might have to pay spousal support to her husband, Blake. After all, her income had been much higher than his for most of their 12-year marriage. However, as they negotiated their marital settlement, she couldn’t help but ask her attorney, “How long will I have to pay spousal support to Blake?” The answer to her question depended on a number of factors.
In some cases, the court may not order spousal support in the dissolution of a marriage or domestic partnership. Based on the couple’s standard of living or earning capacity, neither spouse may be economically disadvantaged after the divorce.
If spousal support is ordered, the person who is paying (the “payor”) may want to know how long they will be required to pay. Spousal support, also known as domestic support or alimony, may end under the following circumstances:
Many factors play into the question of whether spousal support will be ordered and for how long.
The California Family Code (the “Code”) contains laws regarding divorce, including spousal support. Section 4320 states that the supported party (the person receiving alimony) is expected to be self-supporting within a reasonable time frame. “Except in the case of a marriage of long duration as described in Section 4336, a “reasonable period of time” for purposes of this section generally shall be one-half the length of the marriage…”
For example, if Jennifer and Blake had been married eight years, Jennifer might be ordered to pay spousal support to Blake for four years. This assumes that the request for spousal support meets all other requirements.
However, a “marriage of long duration” is generally considered to be any marriage over ten years. Unless the parties agree otherwise or a court order terminates support, the court continues to oversee, or retain jurisdiction, indefinitely for marriages of long duration. Because Jennifer and Blake have been married 12 years, their marriage fits the definition of a marriage of long duration.
There’s no easy answer here. Whether a party pays spousal support, how much support will be paid, and how long payments last depends on the particular facts of your case. In addition, some decisions are up to the judge’s discretion.
The attorneys at the Law Offices of Judy L. Burger are experienced at all phases of divorce, legal separation, and annulment. Call us at 415-293-8314 to schedule a private appointment or visit our website. We maintain offices in San Francisco, Beverly Hills, Marin County, Santa Barbara, Ventura/Oxnard, San Diego, San Jose, Gold River (Sacramento), and surrounding communities.
Two and a half years after their lavish wedding ceremony and reception, Mark and Cindy were ready to call it quits. Their marriage seemed headed for a quick dissolution, in part because they had signed a prenup. They had signed their premarital agreement because Cindy brought more separate assets into the marriage, along with a higher salary than Mark’s. Over the course of even a couple of years, a couple’s financial situation and feelings about property may change. However, can you contest a prenup with a marriage ends? That’s what we’re going to explore in this article.
It’s a legal contract that is signed before a couple weds. The terms of a prenuptial agreement, which is also called a premarital agreement, relate to how each person’s property will be treated during a divorce or if one party dies. The agreement becomes effective only when the couple is married.
In California, the Uniform Premarital Agreement Act (UPAA) states that the parties to a prenup may agree to any of the following:
Some provisions should not appear in a premarital agreement. In fact, they could give you the opening you need to contest your prenup agreement.
The UPAA includes specific reasons a premarital agreement, or certain parts of it, might be unenforceable:
Other reasons your prenup may be unenforceable under UPAA include:
Discuss your options with a California divorce attorney between doing anything. In some cases, the marriage itself may be void or annulled. If so, the prenuptial agreement may be unenforceable.
Judy Burger is a California Certified Family Law Specialist, and founder of the Law Offices of Judy L. Burger. Please call our offices at 415-293-8314 to set up an appointment with one of our attorneys. We assist clients along the Northern to Central California Coast.
Every year, Jessie’s parents fought over where she would spend Thanksgiving. Ethan had the opposite problem – both his parents preferred to spend holidays on exotic (and childless) vacations. Sheila hated talking to her ex-husband about the kids’ holidays, so she unhappily capitulated year after year. If you are in the process of getting divorced, know that it’s best to handle holidays in your parenting plan and not on a holiday-to-holiday basis.
Parents must complete a parenting plan before finalizing their divorce. In a California divorce, parenting plans cover two major areas:
That sounds fairly easy – until you think of how many topics fall under each major area. For example, Time-Share involves a child’s regular schedule as well as how their time will be spent during holidays.
Trying to decide where your kids will spend Christmas and their birthdays can be stressful. Both parents may want the same days and times. Flexibility and spontaneity work sometimes, but the best time to plan your holidays is when you’re preparing your parenting plan.
In fact, parents prepare and attach a form titled “Children’s Holiday Schedule Attachment” to their parenting plan before submitting it for court approval. The form includes major holidays, as well as:
Other options include:
According to the form, the child’s holiday schedule takes priority over the normal parenting schedule. For example, Dad may have the kids every weekend. However, if Christmas falls on Sunday, and it is Mom’s year according to the holiday schedule, then the kids go with Mom.
Do your homework when preparing your plans. If disagreements arise later, know that help is available from the courts if necessary.
Please call us at (415) 293-8314 to schedule a confidential appointment with one of our attorneys. Ms. Burger is a California Certified Family Law Specialist and founder of the Law Offices of Judy L. Burger. We assist clients in California’s Northern to Central Coast, including San Francisco, Beverly Hills, Gold River, Santa Barbara, Ventura/Oxnard, and surrounding communities.
The typical divorce case involves many issues, including child custody, spousal support, and property division. Transparency is key to fairly resolving these issues, especially when it comes to dividing a couple’s marital assets and debts. In a community property state like California, debts and assets acquired after marriage usually belong to both parties. That’s why the preliminary financial disclosures are important – it’s hard to divide property when you don’t know it exists.
The divorce action starts when one person files a petition to dissolve the marriage. At the same time, or within 60 days, the petitioner serves the preliminary financial disclosures on the other party. If the other party responds to the petition, he or she must also serve preliminary financial disclosures on the petitioner.
Several documents make up the disclosure packet:
Courts generally do not grant divorces if the parties have not submitted their financial disclosure forms.
It’s entirely possible one party could omit assets from the disclosures accidentally. It’s also possible that the assets are being hidden to avoid sharing them with the other party.
If disclosures are incomplete or wrong, the simple answer is that the property will not be divided evenly. One party may not receive everything they deserve. The court may approve the property settlement without learning of the hidden property.
Accidental omissions on the preliminary financial disclosures may be easy to fix. However, deliberately concealing assets can lead to penalties. For example, a court may award 100% of a community property asset to the innocent party instead of only 50%.
Talk to an experienced California divorce attorney today. Please call us at (415) 293-8314 to schedule a confidential appointment with one of our attorneys.
Please call us at 415-293-8314 to discuss your case. The attorneys at the Law Offices of Judy L. Burger assist clients with divorce matters in San Francisco, Beverly Hills, Marin County, Santa Barbara, Ventura/Oxnard, San Jose, Gold River (Sacramento), and surrounding communities.
We all know that marriages just don’t work out sometimes. But sometimes it’s obvious to observers or to one or both parties to a marriage that the marriage should not have taken place at all. When ending a marriage, you have some options: divorce, legal separation, and annulment. However, annulment may be the choice most shrouded in mystery. How many people have you known who actually annulled a marriage? It’s best to understand the process before answering the question, “Should I request an annulment?”
When the legality of a marriage is at question, one party may ask a court for an annulment. If the court grants the annulment, then it’s as if the marriage never existed.
Always talk to an attorney for seeking an annulment. If you have children or own property, you may need to address legal obligations and assert legal rights.
You must have a legal reason for having a marriage annulled. Can you answer “yes” to any of the following questions:
If you have found yourself in one of the situations mentioned above, then having your marriage annulled may be an option.
It depends completely on your situation and your goals.
The attorneys at the Law Offices of Judy L. Burger are experienced at all phases of divorce, legal separation, and annulment. Call us at 415-293-8314 to schedule a private appointment or visit our website. We maintain offices in San Francisco, Beverly Hills, Marin County, Santa Barbara, Ventura/Oxnard, San Jose, Gold River (Sacramento), and surrounding communities.
Ava loved the fact that her husband, Henri, was from France. She felt their son could benefit from being involved in more than one culture. However, her enthusiasm faded when Henri filed for divorce. She feared he would take their son to France where he might live beyond the control of California courts. Liam faced a problem a little closer to home. He learned that his wife was partying in clubs all night while their two-year-old daughter slept in the car. Liam has also noticed unexplained bruises on his little girl. Fearing for his daughter’s safety, he looked to the court system. Both Ava and Liam may need the same protection: an emergency child custody order.
Who gets the children is often a hot topic during a divorce. The hope is that parents will do what is best for their children, but this is not always the case.
During a divorce, parents work out a parenting plan, and custody is decided. If parents can’t agree, a judge will assign custody. Of course, negotiating a plan takes times. Sometimes one parent may have to move quickly to protect his or her children.
It can be difficult to get this kind of order. While California judges always focus on the best interests of the child, they also cannot hand out emergency orders for no reason.
The primary reason for requesting an emergency child custody order is:
“A situation has occurred, or may occur, where it is in the best interest of the child that the court make immediate orders.”
In Ava’s case, she needs to stop her husband from spiriting their son out of the country. Liam needs to stop his wife from neglecting or abusing their child. Neither situation can wait, so they ask for emergency child custody orders. The court may grant each a temporary order that takes effect immediately. However, the court will schedule a hearing before granting a more permanent order.
The attorneys at the Law Offices of Judy L. Burger are experienced at all phases of divorce proceedings, including ex parte hearings and emergency child custody orders.
Judy Burger is a California Certified Family Law Specialist, and founder of the Law Offices of Judy L. Burger. Please call our offices at 415-293-8314 to set up an appointment with one of our attorneys. We assist clients along the Northern to Central California Coast.