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10 Things To Do Before You File for Divorce

If you are considering filing for divorce, keep in mind this simple “to do” list that will help you avoid unnecessary trouble in your California divorce. 1.    Do Not Threaten Divorce Unless You are Ready to File: Threatening divorce will hurt your spouse, and they may start making plans to file for divorce, move assets around to accommodate their needs, or position themselves advantageously for child custody, etc. Empty threats before you are ready to file can leave you at a distinct disadvantage. 2.    Get Documents Organized: The more efficiently you approach divorce, the more money you save. Offering your attorney, a…

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Typical California Divorce Settlements and Retirement Accounts

How do typical California divorce settlements treat retirement accounts? It’s a pervasive question, and one that many Californians facing divorce need to ask. In most cases, 401(k) and pensions are divided by a qualified domestic relations order or QDRO. What is a QDRO? The Qualified Domestic Relations Order (QDRO for short) is a legal document that provides instructions through a court order to the Plan provider regarding the community and separate property aspects of the 401(k) or pension. The document includes instructions and allows the Plan provider to make payments non-employee ex-spouse per the California divorce settlement. Individual Retirement Accounts…

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Typical California Divorce Settlements about Bank Accounts

In a California divorce settlement, all community property (any property or earnings acquired by either spouse during the marriage) is typically split equally between both parties. All separate property (any property acquired before the marriage, after separation, by gift to one party, or by bequest to one party) is typically confirmed to the owner. The division of property and the characterization of assets during a California divorce seems simple, but it can become increasingly complicated when assets are co-mingled. Co-mingling of funds is often the case when there are joint checking or savings accounts. Most California courts will start with…

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10 Financial Mistakes to Avoid in Your Divorce Settlement

California couples going through a divorce will have to make a lot of decisions. Many of the choices they will be faced have significant effects on their financial future and security. Parties involved in a California divorce must seek and consider the advice of experienced professionals. 10 Financial Mistakes To Avoid in Your California Divorce Settlement: 1.    Ignoring Your Expenses: Create a realistic, and clear monthly budget. Also, consider how your living expenses may change and come up with fair projections of how your budget would need to change to accommodate your life after divorce. 2.    Assuming that as the Parent with…

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5 Advantages to Being the First to File for Divorce

Many people who go through divorce look back at a later time and recount their shock or surprise. They had no idea that their spouse was considering divorce until they filed. Others look back and see a long history of dissatisfaction, contention, or even abuse that led to the eventual end of the relationship. Still, others look back and understand issues in their marriage, but none that they felt would constitute filing for divorce. Whatever the case may, if you are caught completely off guard by your spouse filing for divorce, they may have an advantage. No one is recommending…

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Can Switching Jobs Affect Your California Divorce Case?

When a court decides the support amount for child support or spousal support, one of the main factors they consider is income. So switching jobs during a divorce can have a significant impact on the outcome. If the new job comes with an increase in pay, the court-ordered support payment amount might also increase. If the support has already been ordered, the increased salary could still result in a change to the amount you receive or pay each month. If the court did not formerly order child or spousal support payments, the increased income could create the opportunity for your…

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5 Ways to Save Time and Money During Your Divorce

Regardless of when you file, or why are filing, divorce can be expensive. After a couple splits up, both generally struggle to find a new financial normal under two separate roofs. During the divorce proceedings, there are so many different issues and factors to be handled with such intense detail and care that the future health of each individual’s finances may not get all the attention it deserves. If you are considering filing for divorce or if your partner has recently filed for divorce, act now to minimize the costs of divorce. Tips on Saving Time, Money, and Heartache During…

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The Difference Between Divorce and Annulment in California

There are only two ways to end a legal marriage: annulment or divorce. An annulment is a legal process that cancels a marriage. The annulment of a marriage means that it is legally erased. It is lawfully declared that the marriage never technically existed and was never valid. A divorce is a legal termination of an existing union. When couples consider ending their marriage – they often aren’t sure whether they should seek an annulment or a divorce yet the two options are very different and in most cases, a marriage isn’t eligible for an annulment. As annulments are meant…

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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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