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How does the length of the marriage affect spousal support? How long do you have to be married in California to qualify for spousal support and how is the amount of spousal support determined? We are often asked these questions regarding spousal support in a divorce case. In some cases the person asking the question has only been married for …
Why do we have to wait 6 months to get a divorce in California? What is the “waiting period” and why is it required in a divorce case under California law? The family law courts in the State of California are quite busy. California established a “6 month waiting period” to ensure each party has the time and space to …
Should you be concerned about a Gavron Warning in your divorce as it pertains to spousal support? What is the Gavron Warning, and why is this an important issue in many North County divorce cases? Under California law the Court may want a recipient of spousal support to become self-sufficient over a period of time and to make reasonable efforts …
What are the evolution of parenting plans in California and how will child custody and parenting plan issues affect your divorce in Carlsbad, Oceanside, Vista, Encinitas or North County? Originally, parenting plans usually established one parent with primary custody authority, while the other parent received specific visitation rights. Over the past several years many states are evolving their laws and …
A prior domestic violence record may affect your divorce and crucial aspects such as child custody and spousal support. California residents, and those across the country, are all too familiar with stories of relationships gone bad. Domestic violence cases are constant fodder for the tabloids and news websites. The extreme situation is one where the relationship involves domestic violence perpetrated …
We are often asked “is it a race to the courthouse to file for a divorce in North County San Diego?” Who files first in a divorce action is actually often of little consequence except and unless the matter actually goes to trial. Even then the advantage for the party who filed for divorce is often slight. As experienced divorce …
The valuation of a business interest during a North County divorce can be a challenge. How do you establish the “community’s” portion of the valuation of a North County business during a divorce? There are many ways to position the present value of a business, and as a result, a spouse’s community interest in the business. This can be a …
How is an STRS retirement account divided in a divorce in Carlsbad, Oceanside, Vista or North County? We were recently asked: “My wife works as a teacher for the Carlsbad school district and I think she has a California STRS retirement plan. I have been working on and off throughout our marriage and have about $20,000 in an IRA account. …
If my former wife moves in with another guy does it end spousal support obligations? Permanent spousal support is frequently ordered for a specified time or until a specified event, e.g. death or remarriage. If a recipient of spousal support cohabits with a member of the opposite sex then the California legislature has indicated that support may be adjustable or …