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Elder Divorce: How a Reverse Mortgage Works During Divorce

In many divorce cases, the first question asked is what will happen to the family home and who will live there. This concern is even more prevalent in cases of elder divorce. When splitting up assets, one of the most challenging decisions is what a couple should do about their house. Many younger divorcing couples find themselves facing the prospect of going from a dual income to a single income, which creates unavoidable tension. One spouse may wish to continue living in the home, but the other spouse may not qualify to purchase another residence unless the current house is…

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California Divorce Mediation Checklist: What Documents Do You Need?

Couples who turn to divorce mediation to minimize the costs and emotional upset of divorce can increase their chances of success by being prepared with the proper documents. Divorce mediation requires that both parties provide all financial information for review – this info alone can be extensive when a couple has numerous assets and debts to consider. Many couples who have been through a divorce agree that the phase of the process that requires the most time and is the most stressful is cataloging asset and debt data. Once all the necessary information has been provided, the divorce mediator takes…

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Divorce Court: Keeping Emotions Out of the Court Room

Divorce is stressful enough, but in some cases, it becomes necessary to go to court to litigate over custody or division of property or other issues that are often emotionally charged. If you are headed for California divorce court, stay calm both for your own peace of mind and to benefit your case. 3 Ways to Stay Calm During Divorce Court: 1.    Know Your Case: ‘There’s nothing like being surprised, thrown off, or feeling ambushed to cause a spike in anger, fear, or other negative emotions. Stay aware of what is happening in your case, and what you can expect…

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California Divorce: What Records Do You Need to Keep When Getting Divorced?

Once the divorce is over, many people want to put it behind them and move forward. Some even lean towards a celebratory attitude that has them banishing anything related to the divorce from their life. If you are inclined in this direction once your divorce is final, use caution. You may be tempted to discard all the paperwork that reminds you of the divorce proceedings, but that would not be a good idea. The Divorce Decree: The Final Judgment of Divorce The divorce decree or final judgment is a critical document in every divorce. The official order is signed by…

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Can a California Divorce Record be Sealed?

Court proceedings are typically public record (including divorce proceedings). Unless divorce records are sealed, any legal filings in the proceeding will be public record, which means the public can easily access them. Exceptions to the general rule that leaves divorce records open to the public include court records that contain identifying information for children or victims or information about sexual abuse. The state of California also seals paternity case records. If you are involved in a California divorce and your case does not fall into any of the above categories, the records will be public unless you request that they…

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What Does it Mean that All Divorces are No-Fault Divorces in California?

California is a no-fault divorce state which means that all divorces in the state are “No Fault” divorces. In a no-fault divorce, the spouse petitioning for a divorce does not need to prove that the other spouse was in the wrong in any way. In most no-fault divorce case, the spouse who files the petition for divorce cites irreconcilable differences. The spouse filing the petition for divorce is referred to as the Petitioner, and the spouse who responds is called the Respondent. Can You Stop a California No-Fault Divorce from Happening? In a no-fault divorce state like California, it only…

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Can a Divorce Lawyer Represent Both Parties?

When you are going through a divorce there are countless decisions to be made. It can seem like a good idea to cut back on expenses in any way possible. Some think that the most obvious way to do this is to have a California divorce attorney represent both parties in the divorce in a two-for-one type of deal. This is particularly tempting when you and your spouse have agreed to terms. In fact, it may seem like the best idea you have ever had. In reality, it’s not a good idea. It is actually prohibited by the code of…

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What To Do If Your Spouse Refuses to Sign the Divorce Papers

Getting divorced is hard enough, but when you’re attempting to divorce an uncooperative spouse, it can seem like a losing battle. If you are dealing with a spouse that refuses to sign the divorce papers, there are actions you can take to further your case. What To Do When Your Spouse Won’t Sign the Divorce Papers: You Do Not Need Your Spouse’s Consent to Get Divorced: Uncontested or consensual divorces may be easier, but they aren’t necessarily the norm. If your spouse won’t actively cooperate or give their “consent” to the divorce that does not mean that you cannot get…

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Will New Tax Laws Complicate Divorce in 2019?

Some are saying that the 2019 tax bill is complicating divorce for women. And they are right. For those whose divorces will be finalized after December 31, 2018, there will be repercussions. The new law makes spousal support (sometimes referred to as alimony) non-tax-deductible for the payer and non-taxable for the recipient. This effectively eliminates the previous tax benefit of larger support payments. This is particularly noticeable in high tax states like California and New York where the deduction in place before the new law took effect could save top earners up to 50% in taxes. Since women are more…

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What Happens If You Lie on an Income and Expense Declaration?

Every couple going through a divorce is required to file an Income and Expense Declaration (Form FL-150). This is a request for spousal support (alimony), child support or attorney’s fees and accuracy in the disclosure is required by law. During divorce emotions and stress levels are usually both at fairly high levels. Sometimes one or both parties may make decisions that they would normally not consider. When a party going through divorce decides to lie about their income and expenses it can become a huge problem. If you believe that your spouse is not telling the truth about their income…

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