The idea that a husband should financially support his ex-wife in the form of monthly alimony payments after a divorce has remained a tenet in divorce law throughout the United States and in California. According to the U.S. Census Bureau, in 2009, men accounted for 97% of alimony. Alternatively, the idea that a dissolution order wherein both parties waive any right to past, present, or future alimony is FINAL has been perceived as an absolute in divorce law. Yet, both of these concepts are being challenged as the recession has given rise to greater numbers of unemployment and has depleted retirement and saving accounts. According to statistics gathered by the American Academy of Matrimonial Lawyers, there has been a “spike” in clients seeking modification of their alimony obligations and attempts to rewrite divorce agreements.
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Let’s say that a husband works full-time to support his wife while she goes to medical school. The couple’s joint money is used to pay for the wife’s medical school, but not long after the wife becomes a doctor, the two decide to divorce. Since the money used to pay for the wife’s education was community property (usually property is “community” if it was earned while married), should the wife pay this money back to the community estate upon divorce?
Many married couples in California have spent a lot of money on one spouse’s education. Despite the steep price of an education, many couples feel it’s worth the cost because of the potential financial benefits they’ll both share down the road. But what if there’s a divorce? Continue Reading
In most California divorces, the family home is one of the biggest assets at stake in the divorce. No matter what you do, remember that how your property is divided can affect you long after the divorce is final.
What Happens if One Spouse Keeps the House?
Option 1: The Buyout
If one of you does keep the home, then you’ll have to buy the other spouse out. To buy out your spouse’s share, you might even things out by making trade-offs. Often, the spouse keeping the house will give up a share in other community property with equal value. As with your other assets, getting an accurate appraisal of the property’s value is critical. Continue Reading
Courts throughout California and the country have dealt with questions about child custody and religion for decades. What will happen if divorced parents (or unmarried parents who are no longer together) have different religions and disagree about which faith to raise their children in? The truth is, unless and until the U.S. Supreme Court decides this question, there’s no black and white answer that applies nationwide. Continue Reading
The road toward getting your California divorce judgment probably felt long and rough at times. You worked hard to protect your family and financial interests during the divorce, and now you need to do the same after the divorce. While not quite “deadly sins,” it’s still essential that you avoid these post-divorce mistakes before any damage is done. You may want to ask yourself, are you guilty of any of the following? Continue Reading
Divorces in San Diego and throughout California can’t become final until at least six months after a spouse is served with divorce papers. Usually, a divorce will take longer than this minimum waiting period. Many steps need to be taken during the transition to protect your family, business, and finances.
For divorcing spouses who have kids, a Divorcesupport.com blog provides advice on how to best meet your children’s emotional needs during a divorce. It cautions that you shouldn’t be the only one providing your kids with emotional support. When family and friends aren’t enough, then look for counseling options. You’re also encouraged to get emotional support for yourself, such as through a local support group, family, and friends. Continue Reading
Here in San Diego, there’s no shortage of ways for a divorcing spouse to spend away all of the couple’s assets during a divorce, if he or she really wanted to. Thankfully for the other spouse or domestic partner, one important way that California deals with this concern is with “automatic temporary restraining orders.”
An automatic temporary restraining order (ATRO) sets out many ground rules that both spouses have to comply with during the divorce process, known as “dissolution of marriage” in California. For the spouse who begins the divorce, the ATROs are effective when the divorce papers are filed in court. For the spouse responding to the divorce, the order goes into effect once the divorce papers are served. Continue Reading
Hard financial times are still troubling many parents in California who have been laid off from their jobs. The Associated Press reports in the Los Angeles Times that nationally, new jobless claims have recently risen higher than expected, although California has fortunately seen some decreases. For many of these parents who owe child support, the question is, when unemployment benefits end, will that parent be excused from paying the support until a new job is found? On the other hand, if the paying parent is lucky enough to be in a better financial position than when the child support was first ordered, will that parent automatically pay more now to support his or her child? The short answer in either case is no, and will continue to be no, unless and until one of the parent’s gets the child support order modified in family court. Continue Reading
Adultery, insanity, collusion, cruelty, abandonment: In California, most of these circumstances relate more to the plot of a soap opera than to a divorce. While any one of these could have actually motivated the divorce, a California judgment of dissolution (divorce) will be based only on either irreconcilable differences or (less likely) incurable insanity. That’s because since 1970, California was the first state to implement the no-fault divorce. Since then, many other states have followed suit, while others allow both fault and no fault divorces. With a no fault divorce, the court can terminate the marriage without proving fault. Compare this to a fault based divorce, where the termination will be granted only if you give and prove grounds for divorce within those reasons allowed by state law, or defend against these claims if you’re responding to a spouse’s petition for the divorce. In a fault based divorce, the conduct of the spouse who’s found to be “at fault” may even be considered when deciding issues such as property division. As of now, New York is the last state in the nation that doesn’t have a no fault ground for divorce. Continue Reading
When a judge grants an annulment in California, the parties are deemed to have never been married in the eyes of the law (although the wedding guests who witnessed the union may tend to disagree). Compare this to a dissolution (divorce), where a valid marriage is terminated for reasons created post-marriage. Under California law, the grounds for nullifying a marriage or domestic partnership are broader than commonly believed. Even so, most marriages can’t be undone with an annulment, and despite the myths, an annulment is not an easy way out. An annulment is a potential alternative to divorce only when there’s reason to question the validity of the marriage. Immediate regret and disappointment are not legal bases for annulling a marriage. Depending on the basis for the annulment, a judge may either declare the marriage to have been unlawful from the outset (a “void” marriage), or to have been valid until formally annulled by the court (a “voidable” marriage). Continue Reading
