Legal Separation and Divorce

By |2021-08-30T18:20:20+00:00August 20th, 2020|Divorce Process, Legal Issues|

There are many factors to consider when thinking about divorce. If you and your spouse are already thinking about living apart, but are considering legal separation as a next step, this article is for you. Here are some things to be aware of when making the decision. What Is “Legal Separation”? A couple can consider themselves separated as soon as they are sleeping in separate rooms. Legal separation, however, is different. In a legal separation, the two spouses remain married [...]

Divorce Tax Considerations

By |2021-06-22T18:15:07+00:00August 13th, 2020|Divorce Process, Legal Issues|

In a divorce, everyone walks away with fewer assets and less property than they had beforehand. If you go to court, the process can also be quite costly.  You may be wondering if there are any tax breaks that you and your spouse can take advantage of.  Here is what you need to know. Property Transfers There are some tax breaks to be aware of if you transfer property from one spouse to another as a part of your divorce [...]

Dividing Household Items

By |2021-01-25T14:13:31+00:00July 11th, 2020|Dealing With Divorce, Divorce Process, Legal Issues|

Your household items are more than just things. They can represent memories, history, and even the marriage itself. Some people can say, "it's just stuff," and move forward. Others may not want physical reminders of their spouse going forward. However, many couples find dividing household items to be one of the most emotionally challenging facets of property division.    Here's what you need to know to make that process easier and simpler.  Household Items Are Community Property  With some exceptions, [...]

Dividing Tax Liabilities

By |2020-08-13T03:35:04+00:00June 26th, 2020|Divorce Process, Legal Issues|

A tax obligation is a debt you owe to a tax authority, such as a city, state, or the federal government. In California, divorcing couples divide tax obligations just like other property. Separate Tax Obligations Sometimes, the tax is owed only by one spouse. If that's the case, you'll have it confirmed as that spouse's obligation. Usually, this is the case when the tax that one of you owes is from before the marriage, or if you filed separately. Joint [...]

Dividing Debts

By |2020-08-20T23:11:10+00:00June 26th, 2020|Divorce Process, Legal Issues|

There are three parties involved in the division of debts in your divorce agreement: you, your spouse, and your creditor. While your divorce agreement is legally binding for you and your spouse, this isn’t true for your creditor.   Here is what that means for the debt-division process.    Whose Debt Is It? In a lot of ways, dividing your debts works just like dividing your assets. However, it’s essential to keep track of who originally owed each debt.    [...]

Custody Made Simple

By |2021-07-21T19:22:28+00:00May 28th, 2020|featured, Legal Issues|

If you have children under the age of 18, one of the most important and challenging things in your divorce agreement is custody. With so many legal terms and logistics, it can seem downright overwhelming. We've broken the issue down for you. This article will help you think through the issues that you and your spouse will need to reach an agreement on. Best Interest of the Children In general, you and your spouse have the right to decide the [...]

Same Sex Marriage and Divorce

By |2020-08-10T21:58:52+00:00May 28th, 2020|Legal Issues|

People in same-sex relationships long looked forward to the day their marriages were treated like marriages. Finally, in 2015, the United States Supreme Court held that the right to marry is an essential part of a person's liberty. They ruled that States must recognize same-sex marriages performed in other states.    Various people and religious organizations refuse to recognize same-sex marriage. Both local and federal governments, however, must now treat such marriages as valid. This will result in greater certainty [...]

Community and Separate Property

By |2021-10-22T19:09:26+00:00May 27th, 2020|Legal Issues|

Before creating your divorce agreement, you need to know, from a legal standpoint, what belongs to you, what belongs to your spouse, and what belongs to both of you. In states like California, this is where the concept of community and separate property comes in. What You Need To Know About Community Property So what is "community property"? Community property is an asset or debt that both spouses have an equal right to. You own it equally, benefit from [...]

Vengeful Spending

By |2020-06-12T00:01:59+00:00May 27th, 2020|Legal Issues|

When emotions are riding high, individuals might engage in behavior that they wouldn't have previously imagined possible. One of the people in a divorce may be fixated on making sure their spouse "never sees a dime."   So, what happens if one spouse is spending a lot of money before the divorce being final?    Although marital fault is becoming less of a factor for many judges, the concept of economic fault remains essential when it comes time to divide [...]

Understanding Child Support

By |2020-06-12T00:03:15+00:00May 27th, 2020|Legal Issues|

Every child has the right to financial support from their parents until they reach the age of majority, which is between eighteen and twenty-one, depending on the state.    In almost every case, the parent who has the children less than fifty percent of the time will pay child support to the other parent. There are exceptions. Some parents split child-rearing time 50-50 and make almost the same amount of money. Other times, the parent who spends the majority of [...]

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