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Category Archives: Divorce

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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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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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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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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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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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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Your Fiduciary Duty Toward Your Spouse

By Foster Hsu, LLP |

Many couples take a vow at their wedding to love each other for richer or for poorer, but finances are a major cause of discord even among couples who enjoy each other’s company and share similar values.  Having opinions about the best ways to spend or save money does not mean that you are… Read More »

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The Court Cannot Order Your In-Laws to Continue to Bankroll Your Lavish Lifestyle After Your Divorce

By Foster Hsu, LLP |

If a married couple lives beyond their means, it is no one’s business but their own.  If they file for divorce, though, all their unsustainable spending habits come out in the wash.  California law requires former spouses with a large disparity to pay spousal support to the disadvantaged spouse in an amount that would… Read More »

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Can the Court Order You to Pay Spousal Support When Both Spouses Are in Dire Straits Financially?

By Foster Hsu, LLP |

If your spouse is asking for Spousal Support (previously known as alimony) as one of the terms of your divorce, and you have been researching Spousal Support laws online, most of the example cases you find involve a financially stable man and a woman who depended on him financially throughout their marriage, either because… Read More »

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How Does Debt Work During Divorce?

By Foster Hsu, LLP |

Debt, like other marital assets such as bank accounts, real property, and many personal belongings such as cars and furniture, is divided during divorce. However, not all debt is shared equally. And, some debt is not shared at all, such as debt from before the marriage or other types of non-marital debt. If you… Read More »

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