Online QDRO Preparation – What You Need to KnowDon't settle for just any online QDRO preparation service. Did you know that most online QDRO services only prepare the forms? In other words, they do not provide the additional services you will require to actually complete the QDRO process. Remember, the actual division of the retirement account is only complete once a QDRO has been prepared, pre-approved by the Plan Administrator, signed by the parties, signed by the Judge, filed in the court case and a certified copy provided to the Plan.By Sandra McCarthy|November 3rd, 2019|Categories: Family Law|Comments Off on Online QDRO Preparation – What You Need to KnowRead More
Default Hearing in Divorce CaseNot every divorce involves a trial, and in many cases, the divorcing spouses do not even need to hire lawyers. In an uncontested divorce, there is no trial. The couple can agree to all of the issues and sign a Marital Settlement Agreement that lays out what they agree on and who will get what in the divorce. The judge simply approves the agreement and declares the couple legally divorced. Sometimes, the judge will issue a default judgment without a hearing. In other cases, though, the court may set a default hearing in divorce. If the court does set a hearing, don't be concerned. Often these hearings are simply a formality to make sure the default judgment is fair.By Sandra McCarthy|September 2nd, 2019|Categories: Family Law|Comments Off on Default Hearing in Divorce CaseRead More
Temporary and Permanent Guardianship in CaliforniaWhen parents are unable to care for their children, the court may appoint a guardian for those minors. Temporary and permanent guardianship represent two options. Requesting the right type of guardianship plays a significant role in the success of a case. In some situations, however, you may not need to get a court-appointed guardianship. California offers informal guardianship solutions for short-term guardianship needs. Here's what you need to know about temporary and permanent guardianship in California.By Sandra McCarthy|July 28th, 2019|Categories: Family Law|Comments Off on Temporary and Permanent Guardianship in CaliforniaRead More
How to Amend a Divorce PetitionSometimes after you file divorce, you discover you need to change or correct your Petition for Dissolution of Marriage. Usually, you must amend a divorce petition because there was a mistake in the original filing. Sometimes a person amends the petition to change the case from divorce to legal separation or vice versa. This is not unusual, but it is important you handle the process correctly. Fortunately, you usually don't need a lawyer to amend a divorce petition. A People's Choice can help you throughout your divorce process, even if you need to make changes.By Sandra McCarthy|July 8th, 2019|Categories: Family Law|2 CommentsRead More
What is a Joinder? Legal proceedings can be a complicated process. Sometimes, unexpected people and parties have an interest in the legal process. When this is the case, you must add them to the legal proceedings before you can fully resolve the case. You will use a joinder to do this. So what is a Joinder, and how does it affect a legal matter?By Sandra McCarthy|July 6th, 2019|Categories: California Courts, Family Law|Comments Off on What is a Joinder? Read More
3 Helpful Steps to Divorce and Divide RetirementMost couples think their most valuable community property asset is their house. Surprisingly, however, the most valuable asset is often their retirement plan. Just as with other community assets, a divorcing couple must settle retirement division. In general, the law considers retirement benefits accrued during the marriage until the time of separation as community property. This article will explain the steps to divide retirement in divorce.By Sandra McCarthy|July 6th, 2019|Categories: Family Law|Comments Off on 3 Helpful Steps to Divorce and Divide RetirementRead More
How to Change a Custody and Visitation Order in California California family courts will change a custody and visitation order if it is in the best interests of a minor child. The parent requesting the change must demonstrate the change is "necessary and proper". Here is what you need to know.By Sandra McCarthy|July 4th, 2019|Categories: Family Law|Comments Off on How to Change a Custody and Visitation Order in California Read More
Divorce Bifurcation – Become “Single” Before Divorce is FinishedAre you waiting to complete your California divorce case? Is your divorce case taking longer than expected to get a divorce Judgment? At a minimum, divorce in California takes at least six months to complete. It is not uncommon, however, for a divorce case to take months or even years to complete. When a divorce is taking too long, a couple can file for divorce bifurcation in order to become "single" before their divorce is finished.By Sandra McCarthy|June 29th, 2019|Categories: Family Law|Comments Off on Divorce Bifurcation – Become “Single” Before Divorce is FinishedRead More
How to File Divorce When Both Parties AgreeProbably the simplest type of divorce occurs when both parties want to end the marriage and are cooperating. You can file divorce when both parties agree by completing an "uncontested divorce" process. Because uncontested divorce is faster, easier, and less expensive, most couples prefer this process. However, the couple still must file the right papers to protect themselves and get the divorce finalized.By Sandra McCarthy|June 29th, 2019|Categories: Family Law|Comments Off on How to File Divorce When Both Parties AgreeRead More
Filing Financial Disclosures in DivorceIn California, financial disclosures in divorce are required to complete the divorce process. For example, the Petitioner must file a Preliminary Financial Disclosure within 60 days of filing for divorce. This is one of two financial disclosures in divorce that are usually necessary.By Sandra McCarthy|May 27th, 2019|Categories: Family Law|Comments Off on Filing Financial Disclosures in DivorceRead More