The Mythical 10 Year Rule When a couple divorces after more than ten years of marriage, people think there’s a rule that says alimony is required to be paid indefinitely. This rule, however, is a myth. Truth be told, California does not have a 10 Year Rule. Here are the facts behind this myth. California law says that when a marriage is considered “of long duration,” the court can continue making decisions about matters between the spouses, also known as retaining jurisdiction after the divorce. The court can also reevaluate its orders and modify them if it is found a … Read More
How Could a Restraining Order Help Me?
You may want to file a restraining order if you are the victim of physical, verbal or mental abuse. There are different types of California restraining orders. Your options for filing a California restraining order can depend on your relationship with the abuser. If the abuser is your spouse, significant other or a close family member, filing a domestic violence restraining order (DVRO) may be your best option. A California restraining order could help you in many ways. A restraining order could include the following orders: Stay-Away Orders The court can order your abuser to keep a certain distance. This … Read More
How Is California Child Support Determined?
Under the California Family Code, California outlines child support guidelines for court-ordered child support. The amount of child support is based on a complex mathematic formula that takes into account both parents’ net disposable income after a variety of deductions. In addition, the calculation also takes into account the amount of time each parent spends with his or her child. The California Department of Child Support Services offers an online calculator to estimate the amount of child support that could be ordered in a person’s case. Their online calculator is based on California’s child support guidelines. Are There Exceptions to … Read More
Pets Are Finally Family Under a New California Divorce Law
California pet parents rejoice! Governor Brown signed Assembly Bill 2274 (AB 2274), which will amend California’s Family Code in concern to how family pets are treated in court during a divorce or separation. Currently, when a couple legally divorces or separates, our furry friends are not given too much consideration. They are treated as community property meant to be divided equally, but pet parents everywhere know that their pets are not the same as their coin collection or dining room table. Usually, whoever is on their pets’ adoption certificates or sales receipts is granted ownership. However, under AB 2274, pets … Read More
How Do I Make a Fair Parenting Plan for Thanksgiving?
If this is your first Thanksgiving since your divorce, you are probably wondering how to create a fair parenting plan. Your children may want to spend time with both sides of the family. Given that this is the beginning of the holiday season, you could make sure that you are creating a plan that is fair and takes the best interest of the children into consideration. Common Ways that Families Divide and Share Parenting Time Alternate holidays on odd and even years. For example, one parent might have the children for Thanksgiving on odd years and Christmas on even years, … Read More
Finding the Parental Visitation Schedule that Works Best for Your Family
When determining visitation in California, there are countless factors and circumstances that need to be considered. Visitation, which is different than custody, can be contentious. It is agreed upon and outlined how each parent will spend time with the children. Depending on the circumstances, the courts will first consider what is in the best interests of the child or children, and often, the child’s preferences. Ironing out the details and wishes of the those involved should be considered. These are not limited to: The child’s age The gender of the parents Siblings and ages How the child handles decision making … Read More
How Can I Recover Retirement Plans After a Divorce?
When couples enter a divorce, the thought of needing to give up retirement savings in order to pay for the divorce can be terrifying. Neither spouse wants to rebuild their retirement assets after a divorce, and the process of doing so can be complicated because qualified retirement plans have certain restrictions. For example, you can lose hundreds of thousands of dollars from your 401(k) during a divorce, but you can only invest around $18,000 a year. Or $24,000 if you are over 50. Fortunately, there are ways that you can recover retirement plans after a divorce. What Can I Do … Read More
How Can I File a Restraining Order During My Divorce?
A restraining order prohibits an individual from taking any specific actions against you. There are two types of restraining orders that are common in divorce proceedings. These are automatic restraining orders and domestic violence restraining orders. If you are in the middle of your divorce and you are interested in filing a restraining order against your ex-spouse, you should understand the differences between these two restraining orders that you can choose from. What Is an Automatic Restraining Order? Automatic restraining orders in California automatically restrain an ex-spouse from taking specified action after they file for divorce. These types of restraining … Read More
What Is a Marital Settlement Agreement?
There are many important documents and agreements involved in the divorce process, so it is easy for one or both spouses to get lost and overwhelmed. However, one crucial agreement to start with is your marital settlement agreement. This agreement outlines the terms of your divorce and the future relationship between you and your spouse after the divorce procedures. Many other components are involved in this agreement that will help you and your spouse feel clearer on where you both stand once the divorce is settled. What Are the Benefits of a Marital Settlement Agreement? Content details. The main benefit … Read More
What Are the Differences Between Divorce and Separation?
There are many different terms involved in divorce law that can get confused with each other, especially if you are unaware of the situation that you and your spouse are currently in. The two most common divorce terms that are thrown around are divorce and separation, but what exactly is the difference between the two? How Are Divorce and Separation Different? The most basic and obvious difference between divorce and separation is that you are technically still married during a legal separation, whereas in a divorce your marriage has officially ended. A legal separation is considered a court order that … Read More
How to Develop a Parenting Plan After Divorce
After a divorce, there are many things that you will have to deal with within your family. It can be a stressful and emotional time, especially if you and your former spouse have disagreements about your futures. Having children between you and your ex can further complicate post-divorce plans, but there are ways to stay ahead of the game. A parenting plan is something that you and your ex must make in order to make your divorce easier for your children. What Should Be Included in My Parenting Plan? – Parenting principles/behavior: This section is important but often overlooked, because … Read More