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California Divorce Requirements

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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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What Foreign Nationals Should Know When Getting A California Divorce

A divorce is not as simple as two individuals going their separate ways after their marriage fails. There is a legal proceeding and there are many factors that will decide the outcome of the divorce. One of them is legal citizenship. In the US, each state has their own separate laws but most require individuals to belong from that particular state before a divorce can take place. Before we understand the California rules and regulations regarding divorce of foreign citizens, we must first understand the residency requirements. Residency requirements If a foreign citizen stays in California for more than 6…

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Responding to Divorce or Legal Separation Filings

Either spouse in a marriage or as a partner in registered domestic partnership has the right to request the court to terminate their legal relationship. Your domestic partner or spouse has requested the court to end the relationship in case you received a summons and petition for legal separation or dissolution (divorce). In Orange County, California, the court has the power to end domestic partnership or marriage even if the other partner is unwilling to be legally separated or divorced. Any registered domestic partners or married couple can terminate their marital status six months after papers are first filed at…

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Completing The Divorce Process

The instructions and forms used by you to end your case is dependent on whether case respondents have filed the necessary response and whether you and your domestic partner or spouse have an agreement concerning the ending of marriage, support issues, dividing property and debt, and also visitation and child custody. You have to complete a number of forms, and it can turn out to be extremely complicated in the case of inclusion of child custody and child support orders. If you file the case Do understand that you have to fill a number of forms to complete all through…

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What are Preliminary Financial Disclosures in California Divorces?

Preliminary financial disclosures are mandatory requirement to complete for getting a California divorce. Preparation and exchange of financial disclosures is one of the initial steps in any divorce in California. If the parties fail to fulfill this step then the judge will not grant the divorce. Parties that withhold financial information willfully or are negligent while stating them might face devastating results. Complete transparency and disclosure during the preparation of the preliminary financial disclosures cannot be understated. The reason why preliminary financial disclosure is so important California happens to be a community property state. This means, whatever is acquired during…

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Who Can File For A Summary Dissolution in California?

Summary dissolution is a quick and simple approach to obtaining divorce from your spouse without the intervention of a judge. In other words, it is a shorter and easier way to end a marriage or a registered domestic partnership without the hassles of lengthy and expensive litigation proceedings. However, there are certain limitations that a couple needs to qualify for, in case they are looking for a summary dissolution.  The eligibility criteria for applying for a summary dissolution Regardless of the gender, a couple can achieve a summary dissolution of its domestic partnership or marriage by qualifying for specific criteria…

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Annulment – An Alternative To Divorce

Marriage annulment is a fairly misunderstood concept owing to the inaccurate projection of its legality by the popular religion and culture. Both annulment and divorce can be considered somewhat similar in their basic underlying principle of determining the status of wedlock. However, the major distinguishing factor that separates an annulment from a divorce is the implication of the marital status post a verdict in the court of law in the two cases. What is the difference between a divorce and an annulment? A divorce or a legal separation marks the end of a valid relationship and implies that the couple…

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All You Need To Know About CA Divorce "ATROs"

The term restraining order provokes a limiting thought process that regards it as something to do with abusive or violent circumstances, wherein a court of law issues an order that restrains an individual who might be a threat to someone else. However, ATROs or automatic temporary restraining orders are quite contrary to the popular belief. What are ATROs? ATROs are a set of orders contained in the Summons filed at the beginning of a California divorce case. What does an ATRO imply? An ATRO requires both the separating parties to refrain from indulging in several acts that might have a…

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Military Divorce Laws in California

The fact that the family laws applicable to the military divorce cases in California are marked by several unique concerns in comparison with the regular civilian divorce cases implies that specific federal and state laws and guidelines should be followed for the former. Military protection against divorce litigation in California  California state law exempts the on duty military personnel from providing an immediate response for a divorce petition filed by his or her spouse. The law was designed specifically to protect the military members from being accused of ‘defaulting’ in active divorce litigation. The 50 USC section 521 of the…

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