Category Archives: community property
How to Prepare the Judicial Council Form FL-142 Asset and Debt Declaration
Getting divorced is a lot harder than getting married. Among the many steps necessary during the divorce is preparing and serving the parties preliminary disclosures. PRELIMINARY DISCLOSURES The preliminary disclosures consist of the FL-142 asset and debt declaration, the FL-140 declaration of disclosure, the FL-150 income and expense declaration. Once you have prepared all of… Read More »
What Steps Can a Person Take to Prepare for Divorce in California
HOW TO PREPARE FOR A DIVORCE IN CALIFORNIA There are several steps a party can take to prepare for a divorce in California: Gather information. This includes acquiring and making copies of important financial documents, such as tax returns, bank statements, and investment portfolios. It is also important to obtain the data necessary for you… Read More »
Can My Spouse and I Divide Our Assets Prior to Filing for Divorce?
I often receive questions regarding dividing property prior to filing for divorce. Here’s a recent one: Question: My Spouse and I are planning to file a divorce. I’ve agreed to buyout my spouse’s portion of our home and transfer the house title through a Inter-Spousal transfer deed. I’m planning to draft a buyout settlement agreement…. Read More »
Estate Planning Considerations During Divorce
You Should Update Your Estate Plan During a Divorce If you are going through a divorce, it is important to update your estate plan. This includes your will, your living trust (if you have one), your power of attorney, and your health care directive. Some estate planning documents you can change immediately by yourself or… Read More »
The Divorce Process in California Explained
A PRIMER ON THE DIVORCE PROCESS IN CALIFORNIA Just like any lawsuit, a divorce case has a beginning. a middle and an end. 1. The Beginning In California a divorce case begins with a summons and petition of divorce and a response to the petition. In cases with minor children, certain data such as the age, birthdate, and residence of… Read More »
What happens to my retirement accounts in a California divorce?
In California, all types of retirement benefits are considered community property, which requires the benefits to be divided upon a dissolution of marriage. Community property is the contributions you made and the service credit you accrued and/or purchased during your marriage or domestic partnership. Generally, your former spouse’s community property interest may be up to… Read More »
Los Angeles Family Law Courts No Longer Have Court Reporters
Change in Rules Regarding Court Reporters Effective November 14, 2022 the Los Angeles Superior Court Family Law Departments will amend its policies regarding the availability of official court reporters. Official court reporters are not statutorily required to be provided in unlimited civil, family law, or probate matters, and existing court reporter coverage will end November 14… Read More »
How Are Student Loans Divided by the Court in California Divorces?
Question: ” I am getting divorced in Los Angeles County. My ex wants me to take on half her student loan debt. They finished graduate school six months be fore we separated. We were married 10 years. Am I responsible for a portion of their student loan debt?” Answer: You are not responsible for her student… Read More »
Dividing the house or other real property in a California Divorce
I am often asked questions similar to this one: Am I entitled to anything from a living trust in divorce if I paid the mortgage? My ex put the home that we are living in into a living trust before the marriage. For the last 5 years or so, I have been paying the mortgage… Read More »
Why Date of Separation Is Important in a California Divorce
I am often asked questions relating to the date of separation in California divorces. The date of separation is important to the division of community assets and debts in the divorce. It’s also important in determining the long term spousal support. Here’s an informative example: Question: My husband took out a big loan from his… Read More »