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Fullerton Family Law Blog

Keeping separate property can be difficult in a long marriage

Dividing your property isn't always going to be easy, especially if you've been married for many years. In California, you'll be bound by community property laws if you go to court to divide your property unless you have a pre- or post-nuptial agreement in place that dictates how you'll divide your property.

It is important for people to be clear on the fact that California's marital property laws require a 50-50 split upon divorce. All marital property is divided equally unless you can agree on a different arrangement. For example, if you earn less than your spouse, they might agree to split your assets 70-30 or 60-40.

Tips for changing a parenting plan

Divorce with children is still a significant issue when it comes to the family unit in California. The courts are replete with cases bogged down with child custody and visitation conflicts.

After your divorce is final, what can you expect from a parenting plan? If both parents spent adequate time hashing out the details before signing the final version, you should have a document that works for your family. However, over time, it is necessary to modify a parenting plan. Gather some insight into how and when you should contemplate these changes.

Should you join a dating app during a pending divorce?

It is natural to want to move on to a new romantic interest when you file for divorce. However, divorce can take a long time, especially if you and your spouse have a lot of expensive assets to divide. Additionally, California requires a six-month waiting period before dissolving a marriage entirely. No matter what, you will need to wait a minimum of six months before finalizing the divorce. 

A lot of people are hesitant to find a new partner, even though they want emotional support during this time. You are certainly within your rights to date when you want to after filing for divorce, but you want to keep one important factor in mind. 

What does a guardian do?

A guardian is a person who is appointed to make legal decisions for someone who cannot. A guardian can be appointed to take care of children after their parents have died, or a guardian may be appointed to care for a disabled adult, for example.

If you are setting up an estate plan and have minor children, choosing your children's potential guardian is important. A guardian needs to be selected with the best interests of your child at heart. Courts generally like to see that the guardian is someone who has a relationship or familial ties to the ward. Some good options include:

  • A private individual familiar with the child
  • A person chosen by a close relative
  • A person chosen by the child

Is spousal support still necessary in 2019?

When your spouse suddenly came to you asking for a divorce, you were shocked to say the least. It was not something you expected, because you'd both been on good terms.

Whatever the reason is for the divorce, you believe that you're entitled to some compensation each month to help support yourself. You didn't ask for this, and your finances are not as secure as your spouse's.

Turn to your attorney for advice during your divorce

No divorce is the same as another, which is why speaking with others about what to expect may not give you the information you need. As you approach the idea of going through a divorce, the only authority you should speak with about what your divorce will entail is your attorney.

Attorneys are important for a number of reasons, but the primary reason is because they are knowledgeable about divorce and the law. A good attorney can talk to you about what to expect and what can help resolve disputes or issues you're dealing with.

Guidelines are used for child support, but many factors matter

Child support is sometimes a contentious issue because it can cost one parent a lot of money every month. They may feel it's unfair to both raise their child and pay the other parent for their care. It's understandable, but child support does have an important role to play for children of divorce.

Child support is a periodic payment that is meant to cover a child's living and medical expenses. It can be used for almost any purpose so long as a child is raised in a healthy, clean environment and has the necessities that they need to be comfortable.

How should you approach a sudden divorce?

The shock of finding out that your spouse wants a divorce can be hard to handle. It can be equally stressful to be unsure of your future, especially if you were someone who did not work or who put your career aside for your spouse.

The good news for you is that California is a community property state. You and your spouse will share your marital assets 50-50 unless you have a prenuptial or postnuptial agreement. In that case, that agreement will take precedence in most situations.

Divide assets and resolve your divorce in California

Dividing your property during a divorce isn't always easy. Though the state requires a 50% split, you may have agreed to a different arrangement with a prenuptial or post-nuptial agreement. Even if you didn't, it's not always simple to divide assets evenly.

Consider the kinds of assets you have. You might have two homes, three cars, a boat, several expensive pieces of furniture and other assets. The problem comes up when you look at the values of these assets.

What should you do if you want to modify your divorce judgment?

After your divorce is resolved, there may be certain aspects of the divorce agreement that you eventually need to appeal to modify. For example, you may lose a job or receive a promotion, which means that you might have to ask for a modification of child support or spousal support.

To seek a change in custody or support, you'll have to file a motion for a post-decree modification. Normally, this will be filed with the same court where your divorce case was heard. Your attorney may be able to get this document for you, or you can check with the local state or county clerk.


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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