In a divorce inheritances are generally considered separate property under California’s community property laws. This means that they will not be divided as part of a divorce settlement. There are however, a few exceptions to this rule. Read our latest blog titled “Protecting an Inheritance Under California’s Divorce Law” to see how this law applies.
A divorce in San Jose or anywhere in California can take months, if not years, to settle. A family court will issue temporary orders is to make sure you have a way to attend to critical family business while the terms of your final divorce settlement are still being sorted out. To learn more about this process read our blog titled “Temporary Orders in Divorce“.
If you are seeking a Santa Clara County divorce, you are generally not legally obligated to move out of the marital home until the divorce is finalized or your spouse has obtained a restraining order that compels you to find other living accommodations. However, many people choose to move out before the divorce is finalized to avoid the tension created by living under the same roof as their soon-to-be ex spouse.
Read our blog titled “What Can I Take with Me If I Move Out Before the Divorce Is Finalized?” that discusses the things you can and can’t take with your before your divorce is finalized.
After a San Jose divorce, many couples struggle to decide what to do with the home they shared. Even if they have sorted out a tentative agreement on who gets to keep the house, mortgage-related issues and other financial obligations can still be a problem.
To learn more about options to consider regarding possession of the marital home, read our blog post Keeping Your House After a Divorce.
If you have been given an order to pay child support payments after a San Jose divorce, you need to keep in mind that this obligation is based on your current earnings. If you become disabled and are no longer able to work, you could be eligible for a reduced payment based on your lower monthly income.
Read our blog titled “how do disability benefits affect child support obligation” to answer your questions and consult with a family law attorney.
Having a prenuptial agreement can help protect your assets in the event of a divorce, but only if it holds up to a review in court.
A prenup must be prepared in a way that is legally sound. Read about the pitfall of prenups in our blog titled “Avoiding common prenup pitfalls“. Also contact a San Jose family law attorney with experience in preparing this type of legal document.
If it is not handled appropriately, a divorce can have devastating consequences for your retirement plan. Many people going through divorce fail to reevaluate their budget which is a common mistake that can pose major problems.
Read our blog titled “Divorce and your retirement plan” to learn more about the things you need to consider. Also get the assistance of an experienced San Jose divorce attorney can help you win the most favorable divorce settlement.
For couples going through a divorce, an art collection can be one of the most difficult assets to divide. Fine art has both sentimental and financial value, and deciding who gets what piece can exacerbate the already tense process of ending a marriage.
Read our blog article titled “Dividing an Art Collection After Your Divorce” to learn about how the law applies in these situations. If you will be going through a divorce in California, you should contact a qualified California divorce attorney.
Under California’s community property laws, separate property is defined as any asset that belongs solely to one spouse. This includes any items acquired before the marriage and gifts given to one person alone, as well as inheritances.
Read our latest blog titled “Protecting an Inheritance During a California Divorce” if are anticipating going through a divorce and consult with an experienced family law attorney.
If you are seeking a divorce in Santa Clara County, you may want to consider a summary dissolution. Be advised, however, that while a summary dissolution is a quicker, less complicated way to divorce, it is only available to certain couples.
California law allows married couples, domestic partners, and those who began as domestic partners but later married to pursue a summary dissolution if they meet all of the following criteria:
- You’ve lived in California for the last six months and in the county in which you want to file your summary dissolution for the last three months.
- You’re in agreement that the marriage or domestic partnership is ending because of irreconcilable differences.
- You were married or in a domestic partnership for less than five years.
- You have no children with your spouse or partner.
- You are not pregnant or expecting children (i.e. through adoption) with your spouse or partner.
- You don’t own any real estate.
- You have limited debts.
- You have limited separate and community property.
- You both agree to give up the right to spousal support.
- You and your spouse or partner have no disagreements about how you wish to divide your assets and debts.
For many people, the main appeal of a summary dissolution is that it does not require a court appearance. Unfortunately, you still have to wait six months before your divorce becomes final, even if you meet all of the criteria for obtaining a summary dissolution. This means that while a summary dissolution allows you to skip many of the procedures required in a regular divorce, it does not technically speed up the process.
The purpose of the six-month waiting period is to give couples a chance to reconcile before permanently ending their marriage. If you and your spouse decide that you no longer want to get a divorce, you can stop the summary dissolution at any point in the six-month waiting period by simply filing a Notice of Revocation for Summary Dissolution.
If you are interested in ending your marriage through a summary dissolution, an experienced Bay Area divorce lawyer can explain the process in greater detail.