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Category Archives: Divorce

Retirement Plans and Settlement

Retirement plans, such as a pension, need special consideration when contemplating a divorce. These plans can reflect the joint efforts of a couple’s collective efforts over a long period of time. People who are in a divorce may be faced … read more

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Divorce and the Military

Divorce where one or both of the parties are military personnel involves a more extensive set of requirements and rules than in a non-military divorce proceeding. Unlike standard family law cases, in military divorces there are different rules for residency … read more

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Custody: Legal and Physical

In California, there are two types of custody: “legal” and “physical.” Parents are encouraged to share both types of custody wherever possible. Divorcing parents need to figure out who will make decisions about their children’s care, where their children will … read more

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Division and Valuation of Property

Division and valuation of property are among the primary considerations in a divorce proceeding. Regarding property, people often think that division of assets in a divorce must be equal because of California’s no-fault divorce law. However, spouses can and do … read more

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Spousal Support: Alimony

In California spousal support, also called alimony, is generally a temporary means to ensure that a spouse without financial means will have enough money to pay living expenses after a divorce. It is in addition to but may be affected … read more

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Irreconcilable Differences: No Fault Divorce

The concept of irreconcilable differences provides possible grounds for divorce. Prior to the enactment of California’s no-fault divorce rule, the moving party in a divorce was a plaintiff who charged the other spouse, as a defendant, with being “at fault” … read more

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What is Annulment?

Divorce is not the only way that marriage can end. A marriage can be severed by annulment if the court determines that it was not legally valid. In the law’s eyes, once a marriage has been annulled, it never existed … read more

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Taxes: Division of Pension Benefits in a Divorce

An increasingly large portion of the assets of married couples consist of rights to payments and stock from pension plans. In many states such assets are subject to division during a divorce. Divorce and division of property are generally controlled … read more

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Receiving Support: Domestic Support vs. Property Settlement

The spouse receiving support should try to maximize the amount of domestic support vs. a property settlement in a divorce decree. Persons going through, or contemplating, divorce should do some planning with their family law attorney if they believe they … read more

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After Marriage: Postnuptial Agreements

A recent survey by the American Academy of Matrimonial Lawyers found that nearly half of its members have seen an increase in postnuptial agreements. A postnuptial agreement is agreed to after the marriage and delineates how assets will be divided … read more

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