Can You Avoid a Contested Divorce?

Can You Avoid a Contested Divorce?

Divorce
When you think of divorce, you might immediately imagine spouses fighting with one another in a dramatic fashion in the courtroom. However, not every divorce has to be this way. In California, couples wishing to end their marriage have options, and these include filing either a contested or uncontested divorce. In an uncontested divorce, you and your spouse file after reaching agreements on how to resolve various issues, including community property division, child custody, and financial support. If you cannot come to an agreement on one or more of these issues, you will file a contested divorce, which means the court will likely need to intervene and decide how to resolve the matter. Contested divorces are often longer and more expensive, in addition to the extra stress they can cause.…
Read More
Pandemic Stress Can Lead to Divorce

Pandemic Stress Can Lead to Divorce

Divorce
Let’s be honest - life has been stressful in many ways since the COVID-19 pandemic started in early 2020. Many married couples faced unemployment or a disruption of income, a lack of childcare, virtual learning for children, and more. All of these stresses can weigh heavily on a marriage, especially if spouses were already having difficulties to begin with. While many marriages will make it through to the other side of the pandemic, others will not. If you and your spouse seem to have insurmountable issues, you might be considering divorce. If this is the case, know that you are not alone. 2021 is expected to see a spike in divorce cases, partially due to stress from pandemic-related circumstances. When divorce enters your mind, it is important to learn about…
Read More
Who Gets the Family Home in a Divorce?

Who Gets the Family Home in a Divorce?

Divorce
Many married couples purchase a home together and build their family’s life in that home. If you are getting divorced, it is only natural to wonder what will happen to your house. Will you get to remain in the home? Will you have to sell it? These are important questions to discuss with your divorce lawyer in Roseville. Your Home as Community Property California is a community property state, which means that all property and assets that spouses acquire is considered to be community property. This is property that needs to be divided in a divorce. Even if the home is only in one person’s name, it will be community property if you purchased it during your marriage. If one spouse owned the home prior to marriage, and the other…
Read More
Can You Change Your Mind About Divorce?

Can You Change Your Mind About Divorce?

Divorce
Filing for divorce is a big decision - one that will change your life. As certain as you might be about ending your marriage when you file your divorce petition, you and your spouse might find middle ground and begin to reconcile your relationship. What happens if you change your mind about your divorce? If Your Divorce is Not Yet Final If you are still in the middle of the divorce process and you want to halt your case, you can request the family court to dismiss your divorce petition. While you will still need to pay court costs, your case will end, and you will simply remain married. If you decide to get divorced again, you will need to pay costs to initiate another case. If you are unsure,…
Read More
Factors that Can Complicate a California Divorce

Factors that Can Complicate a California Divorce

Divorce
Some divorce cases wrap up relatively simply and quickly, while other cases can drag on for a year or longer, costing spouses significant resources. So, what are some factors that can make a case more complicated? Children Divorce cases that do not involve children only have financial matters - such as property division or alimony - to resolve. However, if you and your spouse have children together, it automatically adds the issues of child custody and child support to your plate. Many parents are highly emotional when it comes to spending time with their children, so custody matters can be difficult to resolve. Even if you agree on a custody arrangement, having children involved can still delay the outcome of your case. Complicated Assets and Property Property division is a…
Read More
Requirements for a Divorce in California

Requirements for a Divorce in California

Divorce
California law oversees the divorce process, and spouses must comply with the requirements under the law in order to legally end their marriage. The following are only some of the basic requirements to seek a divorce in this state. To discuss your specific situation, consult with a divorce lawyer in Roseville right away. Residency Not just anyone can petition a California court for a divorce. Instead, one or both spouses must have been residents of the state for six months or more before filing the petition. You must file the divorce petition in the county where you live, and one spouse must have been a resident of that county for three months or longer. Grounds The divorce petition must state grounds for seeking a divorce. California does not recognize fault-based…
Read More
Back-to-School Tips after a Summer Divorce

Back-to-School Tips after a Summer Divorce

Divorce
If you and your spouse get divorced over the summer, it can put a lot of stress on your child. This stress does not simply go away once school starts, and with busy schedules full of sports, homework, and activities, it can be easy to forget that your child has experienced a major change. The following are only a few tips when school starts again after a divorce. Talk to their teachers. Never be afraid to notify the school and your child’s teachers of the divorce. Teachers can keep an eye on your child and advise whether they may need to spend time with the school counselor or need other accommodations. Divorce can result in lower performance in school or acting out, and it is important that teachers understand why…
Read More

4 Common Questions About Divorce

Divorce
Divorce is an emotional and stressful process that many couples deal with each year. While it has become a common practice, many people still do not fully understand the process until they are going through it. Some of the most common questions about divorce include: Q: What is a no-fault divorce? Uncontested divorce? A: California is a no-fault divorce state, which means that a person does not have to prove his/her spouse did something wrong to file for divorce, it can simply be due to the fact that he/she no longer wishes to be in the marriage. An uncontested divorce is when both parties agree to the divorce and the terms laid out in the settlement, including child custody, alimony, and property division. Q: How much does a divorce cost? A: A…
Read More
Important Tips for Property Division During a Divorce

Important Tips for Property Division During a Divorce

Divorce
Going through a divorce process can be a complicated ordeal especially when children or property division is involved. As you begin the divorce process, it is important to work with a Roseville divorce attorney who can help you determine the terms of your property division, whether that be vehicles, a house, or antique items. Some tips to make this process go smoother include: Establish your personal property: When dividing up property during your divorce, it is important to establish which items in the house are your personal property. Some items that your spouse would have no right to include gifts given to you by your parents, items you possessed before you were married, and family heirlooms that came from a person on your side of the family.Have appraisals done on valuable items: When there are…
Read More