Can the parties agree to waive the required Financial Disclosures? California law requires financial disclosure in divorce. This means that both parties are mandated by law to exchange financial information which includes a statement of assets and debts and community and separate property. There are two disclosures that are required under California law, the preliminary disclosure and the final disclosure. When the parties sign a marital settlement [...] By A People's Choice|January 21st, 2021|Divorce Column 2, Divorce|Comments Off on Can the parties agree to waive the required Financial Disclosures? Read More
Do I need to hire an attorney to file for a divorce? If you and your spouse agree to all the issues, you do not need to hire an attorney to file an uncontested divorce. Most people can navigate through the family law system on their own accord with the help of A People’s Choice for the paperwork. On the other hand, if the matter becomes contested, [...] By A People's Choice|January 20th, 2021|Divorce, Divorce Column 2|Comments Off on Do I need to hire an attorney to file for a divorce? Read More
My spouse cheated. Do I have to still pay support? The faithfulness of a spouse generally has no bearing on child or spousal support. California family law requires both parents to pay child support. However, one parent may be required to pay more support than the other if he/she earns more money and spends less time with the child. By A People's Choice|January 19th, 2021|Divorce, Divorce Column 2|Comments Off on My spouse cheated. Do I have to still pay support? Read More
How can I obtain a child custody and support order? Either party can file a Request for Order to have the court make a temporary child custody, visitation and/or support order. This triggers the court scheduling a mandatory mediation sessions. Some courts also require the parties to attend a pre-mediation class or a parenting class. Most child custody disputes are settled through the mediation process. [...] By A People's Choice|January 15th, 2021|Divorce|Comments Off on How can I obtain a child custody and support order? Read More
How will my marital assets and debts be divided? Although California community property laws require courts to divide marital assets between both spouses 50/50, the parties can mutually agree to any other division they feel is fair and equitable. If the parties do not agree, then most likely the court will divide all community assets and debts down the middle between both parties. This [...] By A People's Choice|January 13th, 2021|Divorce|Comments Off on How will my marital assets and debts be divided? Read More
Do documents need to be notarized? Most family law documents that are filed with the court do not require notarization. The one exception is the Marital Settlement Agreement which will need to be signed in front of a notary by both parties. By A People's Choice|June 15th, 2018|Divorce|Comments Off on Do documents need to be notarized? Read More
I received a Notice of Entry of Judgment. Is my case over? If you received a Notice of Entry of Judgment, this usually means that the court has approved and entered a Judgment in your case. If you and your spouse signed a Marital Settlement Agreement, the Judgment will have that agreement attached which has now become a court order. Take a look at the Notice of [...] By A People's Choice|December 3rd, 2017|Divorce|Comments Off on I received a Notice of Entry of Judgment. Is my case over? Read More
I am not a California resident. Can I file for divorce in California? California law requires a person to live within the state for at least six months prior to filing for divorce. If you do not meet this criteria, you may be able to for legal separation. Afterwards, once you have lived in the state for six months, you can amend your legal separation documents and file [...] By A People's Choice|December 3rd, 2017|Divorce|Comments Off on I am not a California resident. Can I file for divorce in California? Read More
Does it matter who files for divorce first in California? In California, it does not matter who files divorce first; meaning, if your spouse filed for divorce first, it does not impact the case. Unlike other states, it does not matter if a spouse was involved in adultery or why a party wants a divorce. The majority of divorce are filed simply due to the [...] By A People's Choice|December 3rd, 2017|Divorce|Comments Off on Does it matter who files for divorce first in California? Read More
Do I have to pay my spouse’s health insurance after filing divorce? If you were providing health insurance for your spouse before you filed for divorce, the answer is "Yes". In California, any existing health insurance policies must be maintained until a divorce is finalized. When a divorce is filed, a Summons is issued by the Court which specifically states, in part: "Starting immediately, you and your [...] By A People's Choice|December 3rd, 2017|Divorce|Comments Off on Do I have to pay my spouse’s health insurance after filing divorce? Read More
What are the benefits of an uncontested divorce? There are many benefits of an uncontested divorce. If a divorce is uncontested, this means that the parties are not spending thousands of dollars in court and attorney fees fighting over issues. When a divorce is uncontested, both parties remain in control of the divorce process. This means that both parties get to decide between [...] By A People's Choice|December 3rd, 2017|Divorce|Comments Off on What are the benefits of an uncontested divorce? Read More
What is a default judgment? A default judgment is an easy way to get a final divorce judgment, and can be obtained when the other spouse does not formally file a Response to the Petition. A "Default Judgment" can occur when the other spouse (the respondent) does not formally respond to the Summons and Petition for Dissolution. When a case [...] By A People's Choice|October 19th, 2016|Divorce|Comments Off on What is a default judgment? Read More