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What happens with unpaid debts during a California divorce?

California divorces rarely happen when both parties are ready for it and there are frequently issues that are left unresolved at the time of the filing. While there are a variety of concerns in any divorce such as children, support and division or property, neither side wants to be saddled with paying debts that the other might have incurred at the legal end of a marriage. Understanding how unpaid debts are addressed under the law in a divorce is a vital part of a case and requires experienced legal advice.

Preparing for financial concerns during a gray divorce

The end of a marriage cannot be pigeonholed as solely affecting a certain faction of people who are in a specific age range. Not all California divorces are the same and the issues and matters in dispute can vary. A so-called "gray divorce" in which older people decide to move forward and part ways as a couple is growing increasingly common. There are certain foundational factors that are a concern regardless of the type of divorce, but a gray divorce is unique in a variety of ways. Considering them is critical to a reasonable resolution.

Survey says hiding financial information can spark a divorce

There are many reasons why a California couple might decide the time is right to move forward with a divorce. While personal issues and dispute are common as some people simply determine that they can no longer get along, financial concerns are also high on the list of reasons for a divorce. Some perceive that to mean there is overspending, a lack of income, non-support and other issues. However, the simple act of hiding financial information is a spark for many divorces. Those who are facing this issue should have legal help as they decide whether to take the next step or not.

What is commingling with property division in California?

When a California couple decides to divorce, property division is a common source for dispute. Often, it takes some time to determine which party owns what and has the right to retain what property at the end of a marriage. While many items belong to one or the other, there are some properties that are part community property and belong to both and part separate property and belong to one of the spouses. This is known as commingling. It means the properties have gotten mixed. During the divorce process, it is important to understand how commingled property can impact the situation.

New California law addresses pets when a couple gets a divorce

For California couples who are at the end of a marriage and are planning to divorce, there are many issues that will be of concern. This can be part of an extended dispute and delay the process while costing money and leading to emotions being frazzled. While it might be considered secondary to some, a new law that will go into effect on Jan. 1 centers around how pets are handled when property division is addressed. Understanding how this law can impact couples as they divorce is an important factor in a case.

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.

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.

What will a judge consider with California spousal support?

Californians who are getting a divorce might have concerns about their finances for after the case is completed. One spouse might have been the breadwinner with the other spouse functioning as a stay-at-home spouse and parent. It could be that while both worked, one earned significantly more than the other. This is where it is important to consider spousal support - also referred to as alimony. For those in the middle of a divorce, understanding how spousal support is handled is imperative to both the prospective paying spouse and the receiving spouse. There are factors that will be considered when determining how much will be paid and for how long.

Can I get a summary dissolution?

In California, some couples disagree about almost every aspect of their divorce. In such instances, a trial is almost unavoidable. In others, the couple might not be outright hostile toward one another, but the divorce is complicated for some other reason. For some, however, the circumstances are such that the couple can get a summary dissolution. This can be a far easier process than other types of divorces.

Does cohabitation before marriage increase risk of divorce?

For decades, cohabitation prior to marriage was frowned upon. More recently, however, the act has become more acceptable, with many Californians living together in long-term relationships without marriage, and others waiting for many years before tying the knot.

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