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Div19

In California, Business Debts Are Community Property

By Foster Hsu, LLP |

In theory, California’s community property laws should make divorce simple.  According to California law, when a couple gets a divorce, each spouse gets one half of the marital property.  There is still plenty of room for disagreement over the value of marital assets, whether a certain asset is marital or separate, and whether one… Read More »

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DivorceHeartSun

Is It Fair For The Court To Make You Go From Multiple Mansions To Zero Alimony In Four Years?

By Foster Hsu, LLP |

Unless the recipient spouse is elderly and infirm, the purpose of alimony awards is to enable the financially disadvantaged spouse to become financially self-sufficient.  The courts often award amounts low enough that they will require the recipient spouse to return to the workforce after the divorce.  Case law even tells of grannies who downsized… Read More »

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Jet Set Divorce: Does Your Spouse Have The Right To Change The Forum Of Your Divorce Case To A Place That Is More Likely To Award Them Alimony?

By Foster Hsu, LLP |

If you and your spouse both reside in California at the time of your divorce, then it is obvious that the California courts will have jurisdiction in your divorce case, but things get more complicated if only one spouse resides there, and even more complicated if both parties travel so frequently that there is… Read More »

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Prenup14

Prenuptial Agreements And The Duty Of Spouses To Support Each Other

By Foster Hsu, LLP |

You can agree to almost anything, but that does not always mean that the court will enforce it.  Numerous court decisions in California case law assert that the state is a party in divorce cases, and therefore the court, as a representative of the state, has the right to protect its own interests.  Couples… Read More »

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Division

What Will Happen To Your Mortgage When You Divorce?

By Foster Hsu, LLP |

California’s community property laws require divorce courts to divide a couple’s marital assets and marital debts equally in half, unless the couple has signed a prenuptial agreement indicating otherwise.  If the couple does not have a prenup, all assets acquired during the marriage (with the exception of inherited property and gifts) are considered marital… Read More »

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Divorce17

California Community Property Laws And Brief Marriages

By Foster Hsu, LLP |

California is one of only nine states, all of which are west of the Mississippi River, that divide marital property in a divorce case according to the doctrine of community property.  This means that the court awards half of the marital property to each spouse, regardless of how much income each spouse earned during… Read More »

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Divorce_House

Can A Divorce Court Require You To Sell Your Marital Home?

By Foster Hsu, LLP |

California’s community property laws, which instruct family law courts to divide a couple’s marital property evenly in half during a divorce, usually make things simpler, but sometimes they can make matters more complicated, too.  Most states follow the principle of equitable distribution, which just means dividing the marital property in the fairest way possible,… Read More »

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DivorceMoney3

Is Your Debt Community Property If One Spouse Incurred It Single-Handedly?

By Foster Hsu, LLP |

Debt can be a major source of conflict and stress in marriage, even when the couple has made every effort to live within their means and had little other choice but to borrow money.  You probably know someone who is full of resentment about the money their spouse borrowed during the marriage.  Maybe your… Read More »

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Annulment2

Can You Get An Annulment If You Find Out That Your Spouse Was Only Using You For A Green Card?

By Foster Hsu, LLP |

Here in San Jose, almost everyone knows a naturalized U.S. citizen whose immigration was sponsored by their spouse; most of them are still married to their spouse who applied for a green card for them.  United States immigration law contains plenty of safeguards to prevent people from marrying U.S. citizens purely for the purpose… Read More »

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Alimony17

What Happens To Your Permanent Alimony Obligations If You Become Disabled?

By Foster Hsu, LLP |

A lot of things about permanent alimony are outdated; some people even think that the option for courts to order a person to pay alimony to their ex-spouse every month until one of them dies should go the way of the 8-track player.  When courts began ordering permanent alimony, the vast majority of people… Read More »

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