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Divorce and Separation

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The Importance of the Date of Separation in Divorce Cases

Do you recall when you and your partner called it quits? For some people, their date of separation sticks out in their mind. Mainly because the decision to part ways resulted from a full-blown fight or your partner was unfaithful, or one of the parties moved out. Whatever your reason was to end things, you will always remember your separation date. Although you may not want to keep that memory intact, when it comes to filing for divorce, the date of separation is quite important to remember. What Role does the Date of Separation Play? Knowing the date of separation…

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Ensure That Pensions and Businesses Are Properly Valued In Your Divorce

Other than your house, the pensions and retirement plans of spouses as well as business(es) owned by one or both of the parties can often be the most values assets of the marriage. With regard to pensions, such retirement plans are often divided by use of a Qualified Domestic Relations Order (“QDRO”), wherein the spouse that is not officially on the plan receives their community interest in the pension by a rollover IRA which avoids any tax implication to either party.  A 401K plan is often divided the same way.  Unlike a 401k whose value is whatever the current value…

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Men Dealing With Divorce Should Consider Counseling

While generally women are more willing to seek counseling with a therapist to deal with issues both during and after divorce, men are often much less comfortable with admitting that they may need such support and assistance to work through their issues and feelings associated with separation and divorce.  Men are also generally much less likely to discuss divorce issues with their friends and family, leaving them emotionally isolated and feeling alone. Men should consider individual counseling to help work through their issues in order to be able to effectively move forward in their lives, and perhaps avoid problems they…

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Helpful Tips On How To Tell Your Kids That Mommy & Daddy Are Divorcing

It goes without saying that divorce is one of the most difficult and stressful events that can happen in an adult’s life.  For children, divorce can be a much more confusing, emotional and uncertain time. So having a strategy for how to tell your children that you and your spouse are divorcing is very important, as well as how to guide them through the divorce process without being emotionally damaged in the process. What is most important for the sake of your children is to avoid conflict with your spouse as much as possible, particularly in front of them.  The…

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How to Protect A Family Business From Divorce With Prenuptial Agreements

Small businesses in America account for a substantial amount of the workforce and businesses in the U.S. economy.  Many small businesses are family-owned, with many owned together by married spouses with other family members. When the primary owners of a family business go through a divorce, the implications can be tremendous.  Therefore, with so much at stake with a family business, couples who co-own a business should consider a prenuptial agreement (premarital agreement).  Such an agreement can identify which property should be considered a spouse’s separate property and which should be counted as marital property, or it can deem that…

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Don’t EVER Consider A Do-It-Yourself Divorce, Unless You Have No Other Options!

For most people, the decision to file for divorce is itself one of the most stressful and gut-wrenching ones in their lives, and is often made after many months or years of going back-and-forth deciding what to do. The next step after deciding to file for divorce is whether to retain a divorce attorney or not. California family law courts do allow you to present yourself “in pro per” in family law proceedings.  However, is that the right way to handle your divorce case?  NO! Although that answer is coming from a divorce attorney, it is an honest answer based…

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Top 3 Considerations For Avoiding Tax Problems In Your Divorce Settlement

No one wants any problems with the IRS as a result of their divorce!  In any divorce case, there are tax issues both during and after divorce that need to be considered and addressed.  Divorce is anguishing enough, and dealing with a tax problem thereafter is even worse.  Here is some information and tips on what to consider as part of your divorce in relation to taxes: Division of Property Generally, for property transfer between divorcing parties as part of a divorce settlement, there is no tax implication.  That can include transfer of ownership of real property. However, there can…

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What Happens in My Orange County Divorce Case After The Divorce Paperwork is Filed and My Spouse Is Served?

There are several procedures that occur in an Orange County divorce case after the initial divorce paperwork has been filed and the other spouse has been served.  There are the three main ones 1.     Temporary Orders After the initial divorce paperwork has been filed with the court, either spouse may file for a “Request for Order” (RFO) hearing with the court requesting a hearing to decide temporary orders for child custody, visitation, child support, spousal support, and other orders while the divorce is pending. Other orders can involve temporary use of marital property, restraining orders and orders that…

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How Do California Family Courts Determine Child Support?

California has a child support formula that is used in all cases to determine the proper amount of “guideline” child support. Generally, the courts and all attorneys in California use one of 2 recognized computer programs based on the child support guideline formula:  either “Dissomaster” or “X-spouse.” The factors considered in making child support orders are primarily the gross income of the parties and the amount of time each parent spends with the minor child. However, other factors that can be considered include any itemized deductions the parties can claim on their taxes, medical insurance premiums paid each month, and…

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What Is a "Legal Separation" and Should I File for It Instead of Divorce? What About An Annulment?

Legal separation is much like filing for divorce, in that you can obtain many of the same orders regarding custody, division of property, and support.  However, there is one key difference:  at the end of a legal separation case, you are still legally married to your spouse. In situations where a party wants to obtain orders for child custody, visitation, and/or other issues but has not lived in the same county for the past 3 months or in California for the past 6 months to meet the time requirements for filing for divorce, that party can file for Legal Separation…

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