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 Sandra McCarthy|December 3rd, 2017|Divorce FAQs|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 Sandra McCarthy|December 3rd, 2017|Divorce FAQs|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 Sandra McCarthy|December 3rd, 2017|Divorce FAQs|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 Sandra McCarthy|October 19th, 2016|Divorce FAQs|Comments Off on What is a default judgment? Read More
What is the difference between separate and joint property? Separate property is typically property that you owned before you got married. It also includes property that you inherited, even if you inherited it after you got married. Property that was acquired after the marriage but may be titled in only one of the parties' names is considered community property, not separate property. Joint property [...] By Sandra McCarthy|October 12th, 2016|Divorce FAQs|Comments Off on What is the difference between separate and joint property? Read More
How long does an annulment take? An annulment always requires a court hearing. If the other side does not file a Response to the Petition for Annulment, a hearing can be requested 30 days after the date of service. At the hearing, a Judgment can be entered if the annulment is approved and the case is completed at that time. There [...] By Sandra McCarthy|October 12th, 2016|Divorce FAQs|Comments Off on How long does an annulment take? Read More
Is there a deadline to complete a divorce or legal separation? There is no imposed "deadline" for two people to complete a divorce or legal separation but the courts do not want cases sitting idle and will ultimately dismiss the case if there is no activity over a long period. There are usually deadlines to file the Proof of Service and to file proof of completing [...] By Sandra McCarthy|October 12th, 2016|Divorce FAQs|Comments Off on Is there a deadline to complete a divorce or legal separation? Read More
How long does a legal separation take? Since there is no termination date in a legal separation, a Judgment of Legal Separation can be submitted for processing 31 days after the date of service. This is based on the parties signing a Marital Settlement Agreement or the matter proceeding by way of default. The amount of time it takes the court to [...] By Sandra McCarthy|October 12th, 2016|Divorce FAQs|Comments Off on How long does a legal separation take? Read More
What happens if my spouse refuses to complete the Disclosures? First, keep in mind that the mandatory Preliminary Disclosures (Step 2 in our process) are only required to be exchanged by both parties if they are signing a Marital Settlement Agreement or the matter goes to a full trial. If the other spouse does not file a formal Response to the Petition AND a Marital [...] By Sandra McCarthy|October 12th, 2016|Divorce FAQs|Comments Off on What happens if my spouse refuses to complete the Disclosures? Read More
How do I enforce a retirement plan division in divorce? The enforcement of a retirement plan division in divorce requires the parties to file a Qualified Domestic Relations Order (QDRO) with the court . A copy of the filed QDRO is then given to the Plan administrator. The QDRO will outline the division of retirement benefits according to the Judgment of divorce or legal separation. Typically the [...] By Sandra McCarthy|January 3rd, 2015|Divorce FAQs|Comments Off on How do I enforce a retirement plan division in divorce? Read More