If you were not able to finalize your divorce before midnight on New Year’s Eve, you will have to face the new laws that went into effect on Jan. 1, 2019. You have many concerns to address, especially if you and your spouse are dealing with a high-asset divorce.
What are the options to respond when receiving a divorce summons?
If a California marriage is heading towards divorce, the process will often begin with one spouse serving the other with a summons and petition to move forward with the process. Once the person has been served, there will be various pieces of information including restraining orders as to what could be done with assets, property, money and debts. If there are children in the marriage, there will be an order not to move out of the state or for getting a new passport unless there is written consent. After reading and understanding this, it is imperative to know the options to respond. Having legal advice during this time is wise.
What happens if a parent falls behind on child support?
The goal with spousal support and child support in California is for the former spouse to be able to survive and the best interests of the child to be met. With an order based on the child support guidelines, it is not a punishment against the supporting parent and a reward to the receiving parent. It is done so everyone can be supported. However, it is unavoidable that issues might arise where there is a child support dispute or the paying parent is not making the necessary payments on time and in full.
Understanding legal custody and physical custody in California
California couples who are getting a divorce will want to have a major say in how their children are raised. That can often lead to a child custody dispute. Even in cases where the couple is amicable and able to hash out their differences without a great deal of vitriol, it is still not unusual for there to be concerns about a child's living arrangements and which parent will be the primary custodial parent.
How is quasi-community property handled in property division?
At the end of a marriage in California, there will be many issues that could become the foundation for an extended dispute. People who are simply trying to move on with their lives and are hoping for a relatively quick and painless process could find that desire hindered by property division issues. While most people will have a basic grasp of community property and separate property, a frequent question asked is what will happen if it is not as simple as items either belonging to one or both based on the law. This is when it is important to understand the concept of quasi-community property.
Prenuptial agreements are on the rise, for good reason
It has taken a while, but many couples have figured out that having a prenuptial agreement is a sound idea.