Californians Going Through Divorce Should Address Their Estate Plan
Summary: One should consider starting on one’s estate plan modifications prior to completing your divorce. A living trust empowers Californians by avoiding probate, ensuring privacy, and adapting to life’s twists and turns. A living trust should be the basis of a California residents estate plan. Introduction: As soon as you know that your marriage is… Read More »
Am I Stuck with Our Home Loan In a Divorce Since Only My Name Is On It?
What are my rights to my home if I divorced? What happens to the loan if it’s only in my name? Am I stuck with it? QUESTION: My husband and I own a home and have kids. We bought the home together during our marriage. It is titled in both our names.However, after a recent… Read More »
Can I Return to My Home State to File for Divorce or Must I File in California
QUESTION: Can I file for divorce in Texas while residing in California if I got married in Texas? I am from Texas and my husband is from California. We got married in Texas and then moved to California. We had our baby in California as well and now I am seeking out divorce and seeing… Read More »
Learn What to Do If You Have a Prenuptial Agreement and Your Spouse Seeks Temporary Spousal Support Anyway
Question: My Spouse and I executed a Prenuptial Agreement. It included a waiver of spousal support. They have brought a request for orders for temporary spousal support. Is that Allowed? What do I do? Answer: Yes, they can seek temporary spousal support. You should file a request for orders and a motion to bifurcate the… Read More »
I Have Legal and Physical Custody of My Child Do I Need to File a Motion to Change Their School?
Question: I am in the process of divorce. I have been awarded sole legal and physical custody. Father has visitation on weekends. Which motion do I need to file to inform the court of my intention to change the minor child’s school in Los Angeles California? I am also requesting visitation changes to the order. Can… Read More »
My Ex Moved Out of California Can Our Child Support Order Be Changed By the Court In the New State?
Question: My Ex Moved Out of California Can Our Temporary Support Order Be Changed By the Court In the New State? Here in California a temporary order concerning child support, spousal support and custody was issued by the court. The order included an Ostler-Smith bonus order. My ex has since moved out of state with… Read More »
What To Do If Your Spouse Won’t Sign the Divorce Settlement Agreement Agreed on in Court?
Very often California divorces end with an agreement between the parties. Sometimes those agreements are reached in court. Are the agreements enforceable? Yes, they are. What if my ex won’t sign the written agreement after the court hearing? You can still get your judgment. Here’s how: Question: How can I ask the court to enter… Read More »
Understanding Bonus Income in California Divorce Cases: The Ostler-Smith Approach
If you’re a Californian contemplating divorce or currently undergoing one, and you or your spouse has a variable bonus income, understanding how this income is accounted for in support payments is crucial. This is especially true if the party paying support has both W-2 income and variable bonus income. One of the seminal cases in… Read More »
Will I Lose My Share of Our Home’s Equity in the Divorce if I Move Out?
Uncover the truth about home equity and property rights during a divorce in California. Learn why moving out doesn’t mean losing your share of the home’s equity. Navigating Home Equity Concerns During Divorce in California Deciding to divorce is a challenging decision, one that you may have grappled with for a long time. The situation… Read More »
Where Do I List Assets and Debts in My California Divorce Petition?
I am often contacted by people who are confused by the forms which California law requires they use for initiating or responding to a divorce filing. One of the most common questions relates to community property and debts and separate property and debts. Question: My spouse and I arebeginning the process for divorce in California…. Read More »