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Fullerton Family Law Blog

Do not forget about retirement accounts in divorce

When you are getting a divorce, your main concerns are probably giving up possessions and figuring out custody of your children. Retirement accounts are probably not one of the main things you are stressing out about. However, the nest egg may represent a significant portion of your marital money. 

These assets are worth fighting for, but you must approach them properly. If you do not divide retirement accounts correctly, you may get hit with hefty penalties and taxes. Here is a quick guide for splitting workplace plans and individual accounts.

Is it possible to marry and keep property separate?

Many people who are headed for a walk down the aisle wonder if they can get married and still keep their property separate. For starters, there are no rules or laws out there that force married people to combine their separate property into marital property. The decisions are made by the couples as a couple. Here's some more information about keeping property separate in a marriage.

When it comes to money, you can do whatever you please with it so long as you've discussed this with your spouse. Many professionals recommend that each spouse keep his or her individual bank accounts open, or at least one of them, while also opening a joint account with his or her spouse. This will help both parties should the marriage end in divorce.

Man issues guilty plea to massive bill of child support

A man who has been running for decades from paying child support has finally pleaded guilty to the bill, which totals more than $550,000. The suspect issued his guilty plea in United States District Court in Grand Rapids on May 7. The plea was in response to an indictment that said the man did not pay child support back in 1998. The suspect was apprehended in Canada living under an assumed name.

Because he entered a guilty plea, the suspect could face no more than two years in prison and one year of supervised release. In place of this sentence he could face a fee of $250,000. The man will also be required to pay complete restitution, which is required by the law. That means the man will need to pay $559,000 in back child support.

Common uses for spousal support payments

Spousal support is a common part of divorce in California. It is also known as alimony and is only paid by one person to the other person. It can be ordered by a court or it can be agreed upon by the divorcing couple and recorded in their arrangement. Once it is finalized, it will need to be followed or else the parties could find themselves in court. Here are some common uses for spousal support payments:

If you are renting a place, it's best to use the spousal support payments to pay the rent. This is likely your biggest expense. Put these payments to good use right away and pay the rent. Make sure you put aside enough each month from the payments to cover the rent.

New study shows increased likelihood for divorce

A new study from Swedish researchers has found an increased likelihood for divorce in women who did not work when they got married or earned less than their husband and then saw their career skyrocket. The study discovered that the couples adhering to traditional gender roles early in the marriage were more likely to wind up divorced compared to couples in an equal relationship when it comes to gender roles.

This increase in the likelihood of divorce is partly due to the husband not being able to accept that he now makes less than his wife or that the two bring home equal paychecks. Another cause of divorce in this situation is that the wife can no longer devote as much time to running the household and caring for the children and the husband refused to pick up the slack.

Can a collaborative divorce help you in a custody dispute?

You are going through a divorce, and as expected, you and your spouse do not see eye-to-eye on a number of matters. One of the most complex and contentious is the matter of child custody. Both of you want custody of your children, or at the very least, you want an equal say in decision-making matters and the time that you have with your children. However, you may be hesitant to take your disagreement to court. Like many California parents getting a divorce, you want to avoid exposing your children to the conflict of a court battle, but you also want what is best for them.

Is there a way to make sure your children's best interests are considered while getting through your divorce as quickly and effectively as possible? Instead of litigation, you might consider an alternative, such as collaborative law.

Dividing property acquired during a marriage in divorce

Getting married is one of the most exciting times in any person's life. That excitement can come to a quick end if the marriage takes a turn in the wrong direction. When this happens, it's likely that the marriage will eventually end in divorce in Fullerton, California. Here's some information about dividing property acquired during a marriage in divorce.

California is a state that follows the community property rule. This ensures that any property acquired during the marriage jointly with the other spouse will be divided equally between each person. Any property brought into the marriage by an individual remains that person's personal property when the couple files for divorce.

Tips for choosing a guardian for your children

Choosing a guardian for your children in Fullerton, California, can be a difficult process. You likely have quite a few qualified people from which to choose, all of whom love your children as if they were their own. This can complicate matters even further. It's bad enough that you need to have this conversation with your spouse and eventually the person/people you choose. Here are some tips to make the selection process a little easier.

First and foremost, the person you choose to be guardian should be someone who knows your children. He or she should be comfortable with kids and your kids should be comfortable around this person. It can be your sibling, close friend, the children's godparents or anyone else who fits the bill.

4 tips for discussing a prenuptial agreement with your partner

Talking about a prenuptial agreement and what will happen in the event of a divorce is rarely the type of planning people want to do when they are engaged. They'd typically rather focus on wedding preparations and thinking about a happy union.

However, a prenup can be a vital tool that establishes protections and provisions that make difficult decisions a little easier to make, should the need ever arise. Below are some tips for discussing this subject with your partner.

Determining who gets the pet in a California divorce

Numerous elements of divorce can cause problems and lead to bitter fights. Divorcing spouses might argue over who keeps the house or where the children will live. There could be arguments over spousal support and retirement plans, as well. Fights are not limited to these major elements, either.

In many cases, one of the most contentious issues that pit spouses against each other is what will happen to a family pet or other animal. Not only are these issues highly emotional, they can also be legally complicated, as many courts consider pets to be personal property eligible for division.

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Law Offices of Indu Srivastav, APLC
1400 N. Harbor Blvd., Suite 601
Fullerton, CA 92835

Phone: 714-515-5008
Fax: 714-515-8338
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