After a divorce judgment is entered, whether after trial or by settlement agreement, either spouse may ask the court to have the judgment modified by motion or appeal. People file for a judgment modifications due to 1) a change of circumstances or 2) court error during the trial. Read on to learn more about how to modify or change a divorce judgment.
When a couple files for divorce, one thing that is inevitable is dividing their property. In California, the rule is that all community property assets (any income and assets acquired during the marriage) must be split 50/50. A couple could sell all of the marital assets and split the proceeds if they would like, but there are more creative ways to divide property in divorce. Sometimes a couple just needs to think outside the box.
In a pending case, either party can request that a third-party join the case, which is known as a joinder. In a divorce proceeding, California allows a party to file a joinder in divorce if a third-party is in possession of community property assets. Contributions made to retirement and pension plans during the marriage are community property assets in California and need to be divided like any other asset during the divorce proceeding. Keep in mind that most retirement plans do not require a joinder. However, some plans, such as California State Teachers’ Retirement System (CalSTRS) and California Public Employees Retirement System (CalPERS) and other city and county government plans, require that the plan to formally joined to the divorce proceeding before the plan can be divided. With this in mind, it may be wise to file a joinder in divorce even if the plan does not require it.
Contributions made to retirement and pension plans during a marriage are community property. During a divorce, couples divide retirement and pensions plans just like any other marital asset. The couple may split them any way they see fit, whether it be that one spouse completely buys the other one out of their share, or one spouse receives a percentage or fixed amount of the retirement payments. It is necessary to prepare a QDRO for each plan that is divided.
When divorcing spouses get upset, it can be tempting to file an ex parte motion. An ex parte motion literally means a motion where only one party of the case is present. Because the motions are decided quickly, without giving the other party time to prepare an opposition or explain their side, ex parte motions in divorce are only to be used in an emergency situation.
In family law matters, many people choose to represent themselves rather than hire a lawyer. Although representing yourself in family court has the potential to be risky, many of our clients are quite successful at it. Obviously representing yourself and using a non-attorney service for document preparation can save a lot of money in attorney fees. On the other hand, for people who cannot afford an attorney, representing themselves in family court may be the only option. Here is what you need to know about representing yourself in Family court.
There are three options to end a California marriage: divorce, legal separation, and annulment. Divorce is the most common options used by couples to end their marriage but there is a residency requirement. If a couple doesn't meet the residency requirement for divorce, but want to start the process, they can file a legal separation. Afterwards, once they meet the residency requirement, they can amend the legal separation to a divorce. In an annulment, the court declares the marriage illegal or invalid. A couple must have a legally valid basis for an annulment.
In a divorce or legal separation proceeding, a judge may order one spouse to pay the other alimony or spousal support as part of the separation judgment. With this in mind, what are the factors that determine spousal support? First and foremost, spousal support is based on the extent of each spouse’s earning capacity and how much is required to maintain the standard of living the pair enjoyed as a couple.
Co-parenting children after a divorce requires a lot of patience and hard work. From juggling busy schedules, to working together to raise children in two households, parents often feel overwhelmed with the tasks of co-parenting. There are many benefits to having a co-parenting plan, and studies show that co-parenting works best when both parents cooperate and manage their emotions. It also helps to have a defined schedule and co-parenting agreement.
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