Considering the potentially complex issues that must be dealt with during a divorce, it’s natural to have questions. One term you may hear, but not understand, is the Moore/Marsden calculation. Moore/Marsden explained Since California is a community property state,...
Property Division
Post-separation debt: What is an Epstein Credit?
When going through a divorce, it’s easy to become fixated on the final result. But the reality is that a lot can happen between the date of separation and the date the divorce decree is issued. Debt doesn’t go away – it remains during the divorce process and must be...
When is it worth fighting for the family home?
The family home is a treasured place full of memories, so when divorce is looming dealing with the family home becomes a central topic. You need to make sure your decisions are based on the practical matters of property division and home ownership before deciding...
The 101 on California’s property division laws
Getting a divorce is usually not a cut-and-dried process. You need to make many decisions along the way. For example, you will need to decide what property you want to keep following your divorce. You may have an attachment to furniture, jewelry or even the family...
Do I need a post-nuptial agreement?
Most California residents have heard of a pre-nuptial agreement, which is a written contract signed by a couple prior to marriage. A pre-nuptial agreement contains terms surrounding things like property division, alimony or other financial matters. Although couples do...
What if our marriage was a short one?
One of the notable trends during the pandemic is that newer marriages are more likely to end in divorce. While the specifics of each relationship are different, researchers generally found the pressure of living on top of each pushed the newer couples to call it...
What happens when assets commingle?
When a couple in California divorces one of the biggest issues that they must face is who gets to keep the family home, the cars, the furniture and other meaningful assets. Who gets what in the property division process generally depends on whether the assets at issue...
What happens to Social Security benefits after a divorce?
Social Security benefits generally have a complex and confusing set of rules, but it becomes more so when a couple divorces. So, it is helpful to simplify. It is important to note ex-spouses married ten or more years are entitled to receive 50% of the (derivative or...
Defeating a California prenuptial agreement
For most Californians, premarital agreements are regarded as inviolable and uniformly enforceable. Unfortunately for some individuals, this assumption is incorrect and can lead to a financial catastrophe. A prenuptial agreement in California can be defeated if the...
The difference between a contested and uncontested divorce
An uncontested divorce can be a simpler divorce process that may save time and cost in the long run. Unlike an uncontested divorce, a contested divorce can be more acrimonious, time consuming and costly which is why it makes sense to understand what an uncontested...