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How to Share a Residence During a Divorce

If you are getting divorced, hopefully, you have been advised that it is usually a bad idea to move out of the marital residence. Once a California couple decides to divorce, many will need to figure out how to continue living together until the divorce is final; which is not easy. Couples who have no trouble getting along are usually not seeking a divorce. The situation frequently becomes stressful and, in some cases, can feel like living in a war zone. If you have decided that you need to continue living in your home with your soon-to-be-ex to protect your…

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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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Studying the Impact of Parental Divorce on College Students

Many parents considering divorce will postpone or delay proceedings until their children are “older.” While every case is unique and every child will be different, divorce is difficult on children regardless of age. Studies indicate that parental divorce still has an impact on college-age children. If you are getting divorced and you have college-age children, keep in mind that studies have shown the situation more significantly impacts girls and that the father-daughter relationship in particular generally sees a more considerable change in the psychological separation process. The older a child is when their parents get divorced, the more they may…

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After Divorce: Co-Parenting and Your Child’s Schedule

Are you getting divorced? Are you overwhelmed with all the decisions you have to make? You are not alone. Many find themselves in similar circumstances. One of the most common concerns and most difficult choices divorcing parents struggle with is how the kids will spend time with each of their parents during and after divorce. In most cases, this involves a detailed Parenting Plan that becomes part of the Divorce Agreement. The main focus of any good parenting plan is the child’s well-being. Determining Your Child’s Schedule After Divorce: In cases where there is current conflict, it can be tough…

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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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Managing Joint Accounts During Divorce: When to Open & Close Accounts

One of the common mistakes people make during a divorce is not paying enough attention to their joint accounts. If you are considering divorce, attempt to get your affairs in order before it becomes necessary. Start by identifying your accounts. Before you file for divorce, put together a list of your personal and joint accounts. Include any bank, credit union, credit card, savings, brokerage, and loan accounts. Your Pre-Divorce Account Inventory Should Include: •    Account Numbers •    Personal or Joint Status •    Current Balance •    Bank/Creditor Address and Phone Number •    Scheduled Automatic Withdrawals •    Date of Account Opening •   …

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