Category Archives: Divorce
How Can I Protect My Separate Property in a California Divorce?
Are you currently planning for a divorce in the Santa Clara or San Mateo County area and concerned about protecting your property? Many spouses come to their marriages with separate property, and they want to be certain that they will retain ownership of that property in the event of divorce. While the creation of… Read More »
What is a Gavron Warning in a Spousal Support Case?
In many divorce and legal separation cases throughout California, , the court will order spousal support. Under the California Family Code, “the court may order a party to pay for the support of the other party an amount, for a period of time, that the court determines is just and reasonable, based on the… Read More »
Can the Court Require My Spouse to Pay Attorney Fees in Our Divorce?
If you are anticipating getting divorced in the near future in California, you may have questions and concerns about the affordability of your divorce or about your spouse seeking funds to pay for their attorney in the divorce. In short, you may be wondering about how California law considers the matter of attorney fees… Read More »
What Are the Eligibility Requirements for a California Divorce?
If you want to file for divorce in the Silicon Valley area, you will need to be sure that you meet the eligibility or jurisdictional requirements under California law. In situations where eligibility requirements are not met, you may have the option to wait for a limited amount of time in order to become… Read More »
When is Spousal Support Ordered in a California Divorce?
Spousal support, also referred to as alimony, can be ordered under the California Family Code as temporary or long-term support in three general circumstances: in a divorce, in a legal separation, or in connection with domestic violence and a restraining order. The reasons for a court to order spousal support are the same in… Read More »
What is Quasi-Community Property?
While many married couples in the San Jose and San Mateo areas that are considering divorce have been California residents throughout their marriage, there are also many married couples in California who were married in another state or resided in another state for a period of time before moving to the San Jose or… Read More »
Forensic Accountants and Their Role in a Divorce
Divorces in California are often complex, especially with regard to the division of community property. Under the California Family Code, most assets and debts acquired during the marriage are considered community property and typically must be divided equally between the spouses in divorce. Yet the process of asset identification and valuation can be difficult,… Read More »
Tracing Methods for Commingled Property
If you are currently planning for a divorce in California, it is important to know that most assets and debts acquired after the date of your marriage and before the date of your separation will be considered “community property” under California law and will be equally divided between both spouses. Assets and debts acquired… Read More »
Can I Seek a Legal Separation Instead of Divorce?
If you are having problems in your marriage, and you and your spouse are considering separating, you may have questions about your legal options. Unlike some other states, the California Family Code allows for both legal separation and divorce. Recognizing that state law permits both, you may be wondering if you can choose to… Read More »
How Will the Court Treat Commingled Property in My Divorce?
In every divorce case in California, part of the divorce process involves distributing community property. Under California’s community property laws, the court will typically split the community assets in an equal, or 50/50 manner, between the spouses. All separate property will usually be confirmed tothe spouse who owns the separate property. Yet complications can… Read More »
