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Divorce Tag

Asset Division is a Complex Matter in California, Here’s Why

The State of California is a “no-fault state,” generally with regard to divorce. In layman’s terms, this means that a person can file for divorce without having to allege some wrongdoing on the part of their spouse.  The primary reason for seeking a divorce in California is “irreconcilable differences.” In some circumstances, the permanent legal incapacity of the spouse to make decisions will also provide a basis for dissolution of the marriage (“divorce”). While filing for divorce is fairly simple, several legal aspects can make the matter complex and convoluted. One of these is property division.  Although property division is...

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Dividing Debt in a Divorce Case in California

When a married couple in California make the decision to divorce, any assets they accumulated while married will be divided between them. For a vast majority of married couples, assets are not the only thing they must divide. For example, many couples in California have debts that must also be divided. The couple can either make a decision as to how the assets and debts will be divided in a settlement agreement or they can have the courts decide on their behalf if they cannot reach an agreement. If you are facing a divorce in California and need to ensure...

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What You Should Know About Property Division in a Divorce

The State of California is considered a community property state, as opposed to an equitable distribution state. Any property and assets obtained during a couple’s marriage will be presumed to belong to both spouses equally in California. For this reason, the property typically must be equally distributed between the spouses by a judge in the divorce.  However, the right to equally division can be affected by agreements of the parties as well as the conduct of the parties such as a party effecting a transmutation.  Further, despite the equal division, parties may have claims for charges and credits as to...

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Social Media Can Affect a Divorce Case – Here’s How

A significant portion of the U.S. population uses social media platforms on a regular basis. Whether social media is being used for professional or personal reasons, many of us post updates or messages without a second thought for the implications a post may have. During a divorce case, an attorney could use a social media post as evidence in the case. The American Academy of Matrimonial Lawyers reports that nearly 80 percent of divorce lawyers use evidence from social media platforms in proceedings. Further, firms have historically used private investigators.  With today’s technology and the rise in the use of...

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