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Recent Posts in Divorce Category

  • What Happens to the Family Home in a California Divorce?

    In many marriages, the most valuable asset couples have is the marital home, which is why determining what happens to it in a divorce can be one of the hardest decisions. Additionally, people are emotionally attached to their home, especially when children are involved. Remember, California is a “community property” state, meaning that the marital property is equally owned by both spouses, unless ...
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  • Introducing Your Kids to a New Partner After a Divorce

    Introducing Your Kids to a New Partner After a Divorce The ink is fully dry on the divorce decree, and you’ve moved on. In fact, you even have a new monogamous partnership and decide you want to take it to the next level: introducing your children to them. While you probably worried about the nerve-racking prospect of introducing your ex to your parents, it’s a different ballgame when you are the ...
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  • 3 Tips on How to Survive a Divorce When You Live Under the Same Roof

    3 Tips on How to Survive a Divorce When You Live Under the Same Roof Even though there may be good reasons you could stick by your soon-to-be-ex in the midst of a divorce, it’s important to make an effort to keep the peace as much as you can while you are in the middle of legally dissolving your marriage. This is all the more true if children are in the mix. Some of these “rules” may seem obvious, ...
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  • California Uncontested Divorce

    There are two types of divorce in California: contested and uncontested divorce. Essentially, a divorce is considered contested if the spouses do not agree on one or more divorce-related issues (e.g., child custody, child support, alimony, property division, etc.), while an uncontested divorce occurs when the couple agrees to all aspects of the divorce. An uncontested divorce does not involve ...
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  • Can You Modify a Divorce Decree in CA?

    While it might seem that a divorce decree is final or set in stone, this is not always the case. A Final Judgement of the Dissolution of Marriage can be modified under certain circumstances. This is typically done when one or both parties would like to modify some of the terms of their divorce settlement agreement. Today, we discuss the ways you can modify a divorce decree in California. Changing ...
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  • Benefits of Legal Separation Versus Divorce in CA

    Individuals choose legal separation for various reasons, including religious beliefs, a desire to keep their family together, or because they do not want to go through with a divorce. When it comes time to determining if legal separation or divorce is your best option, it would be beneficial to understand the differences as well as the benefits of each. What Is Legal Separation? Legal separation ...
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  • Divorce and Real Estate Mistakes: How to Avoid Them

    Navigating a divorce requires you to deal with many challenges, especially when it comes to real estate. You will need to determine how to divide real estate, what to do with your martial home, and more. This adds even more confusion to the mix. When it comes to divorce and real estate, here are some mistakes you want to avoid. What Not to Do When Navigating Marital Property Division During a ...
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  • How Do You Divide a Business in a Divorce?

    What happens to a family business during a divorce ? If this question keeps popping up in your head, you are not alone. In California, a business is considered an asset, which is subject to division during a divorce if considered marital property. Determining the value of a business requires the assistance of seasoned professionals, including accountants and appraisers. Today, we go over the ...
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  • How to Practice Self-Care While Going Through a Divorce

    If you are going through a divorce, you may be feeling overwhelmed, exhausted, and emotional. These feelings may come and go and intensify during certain parts of the divorce process. It is totally normal to feel some sort of emotional fallout or like even the most mundane tasks are hard to complete. So, how do you get through this time in your life? Practicing daily self-care can help you make ...
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  • How to Get an Annulment in California

    How to Get an Annulment in California An annulment is often misunderstood or used interchangeable with divorce; however, the two are very different. An annulment declares a marriage void, meaning it never happened whereas a divorce ends an existing marriage. An annulment can be granted if the marriage was not legal, if you were forced to marry your spouse, or if you were not old enough to marry ...
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  • Are Inheritances Divided in a Divorce?

    Are Inheritances Divided in a Divorce? If you are going through a divorce and you inherited certain assets from your family members during your marriage, you are probably wondering if that property is subject to division during divorce proceedings. Under California law, an inheritance received before a divorce is considered an individual’s separate property. However, are there circumstances where ...
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  • Divorce Concerns for Couples with a High Net Worth

    While each divorce case contains its own unique issues, high net worth divorces pose additional concerns – especially if you have substantial property and assets. As such, a high net worth divorce necessitates even more careful review and legal representation, which can get complicated. With a high net worth, the stakes are higher and the process itself could quickly turn contentious. Today, we ...
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  • The Differences Between Mediation and Collaborative Divorce

    If you and your spouse have decided to move forward with the process of filing for divorce, you are most likely curious to learn about your various options. Two options that keep you out of court include collaborative divorce and mediation. Both methods are considered amicable divorce alternatives that could help you resolve your divorce issues outside of the courtroom without the need for ...
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  • Facing the Holiday Season After Divorce

    Tips on How to Navigate the Holidays After a Divorce While many families start to decorate and prepare for the holidays, some are left wondering how to gear up for the celebrations after a recent divorce. It is common to have feelings of uncertainty regarding what to expect your first holiday season after a divorce. You may be wondering how visitation works or how to split holiday time in a manner ...
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  • Is California a Community Property State?

    California is considered a “community property” state and does not follow equitable distribution rules. This means a married couple’s community property should be divided equally in the event of a divorce (if there is no written agreement, such as a prenuptial agreement). Community property – also known as marital property – consists of all assets that a couple acquires during the marriage. To ...
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  • When Does Child Support End in California?

    Child support covers a child’s basic needs (e.g., food, shelter, clothing, as well as education and medical expenses) and any other reasonable expenses after a divorce or legal separation. This monthly payment is generally paid to the custodial parent, with who the child primarily resides. According to California family law, child support ends when a child turns 18 years old, which is considered ...
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  • Important Tasks to Do After Divorce

    Although you might feel relieved that you have finally finished the divorce process, there are several aspects of your legal divorce judgment that don’t automatically happen. Below, we explain what people need to do after divorce to finalize crucial details. Request Certified Copies of the Divorce Judgment You can buy a couple of extra certified copies of the divorce judgment at the county ...
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  • How to Handle Divorce and Mortgage

    When spouses divorce, they often struggle with figuring out how they will afford the mortgage on a single income. Whether you are taking on an existing mortgage or plan to secure a new one after your divorce, there are several things you can do to make the process easier to manage. Get Advice from Professionals When it comes to managing major finances like a mortgage, you need to be informed and ...
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  • FAQ: Child Support

    At Myers Family Law, we understand that child support cases can be difficult to navigate if you aren’t familiar with the law. Below, we answer some of the common questions that our clients frequently ask us about child support matters. Question #1: How Do Courts Calculate Child Support? Judge’s use both parent's net disposable income to calculate how much child support is appropriate for the ...
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  • The Importance of Consistent Rules for Kids After a Divorce

    Raising children can be a challenge even under the best of circumstances. For divorced parents, it is often exponentially more difficult. Creating consistent rules and routines across both households can help minimize potential conflicts between you and your former spouse as well as your children. Moreover, the presence of stability in your children’s lives will reduce their anxiety and fears ...
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  • Your Property Division Checklist

    Property division is often one of the most complex and contentious parts of any divorce proceeding. During property division, the court decides how parties will divide marital property, including assets and debts. Knowing what to expect from the property division process in California, and how you should prepare for it, can help you tackle your property division case with more confidence. How Does ...
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  • Legal Separation vs Divorce

    Divorce and legal separation are alike in many ways, but they are exceptionally different in others, so it is crucial to understand what both of these options can do for you to ensure your specific needs are met. Generally, legal separation is ideal for those who are unsure about ending their marriage, but wish to live separately for the time being. If they ultimately choose to end their marriage, ...
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  • What Are the “Best Interests” of a Child in a Custody Case?

    The best interests of a child are the primary focus of any custody case. It is a term that encompasses a vast array of factors, which a judge will carefully consider before rendering a decision that most effectively supports a child’s best interests. If you are vying for custody of your children, you must familiarize yourself with this term’s meaning, so you can best embody it, giving yourself the ...
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  • How Can I Prepare for My Divorce?

    If you are planning on filing for divorce, there are some crucial steps you must take before you get the ball rolling and filing a complaint. The more prepared you are going into this situation, the smoother the process will be. Moreover, your divorce attorney will better understand your case if you are organized and managed to collect most or all of the necessary documents regarding your ...
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  • How Are Debts Divided in a Divorce?

    During the divorce process, all marital assets and property are subject to division. However, in addition to divvying up their assets, spouses must also split the debts they incurred throughout their marriage. Of course, having to divide debt can make anyone uncomfortable, especially if you have concerns about taking on debt that you believe you should not be responsible for. If your debts are not ...
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