What is the Effect of Terminating Marital Status?

When parties are going through divorce there is a misconception that after six months and one day their marital status is terminated without doing anything on their part after filing for divorce.

However, this conception is not true because the six months and one day starts from the time that the entire divorce package, has been served on the other side. he proof of service and the full divorce package must also be filed with the court in order for the six months and one day rule to begin accruing.

What to Expect in a 10 Minute-Interview?

The 10 minute interview is not designed to give legal advice. 10 minutes are designed to talk about the legal process, and if you read about this, we can go right into your specific questions related to the process.
So these type of questions are designed for 10 minutes, not legal advice or an interview

is mediation right for your case?

Setting up expectations in advance. I noticed many of my clients haven’t talked to each other about if they are going to have kids, who is going to stay home, who is going to be the one taking care of the children, chores, or cooking and other important responsibilities like that. So, when individuals like this get married and they haven’t talked about it, a big issue may arise because they’ve completely misunderstood their roles. In modern times especially, sometimes couple’s discover their relationship is not as conventional as they thought it was before getting married.

is mediation right for your case?

The answer to that is, after the “cooling off period.” California has a so-called “cooling off period”. This means that once a moving party has filed for divorce and the other side was personally served, the six month and one day waiting period begins. Not from the date of filing, but from the date of service, the time starts to kick in, BUT after six months and one day clients will still not become automatically divorced, as most clients usually expect.
There are two scenarios where the divorce could be semi easy.

is mediation right for your case?

As summer comes slowly to an end, prenuptial agreements are still a hot item. Clients would like to get married and would like to create a valid prenuptial agreement. Here is how to create a valid agreement that will be upheld in court.

is mediation right for your case?

Usually, when divorce starts, it is harder for an attorney to get documents and start to subpoena documents in demand, unless a client has access to the documents at home. Before you move out, make copies of all financial documents as far back as possible, and strategize with your lawyer prior to moving out on how to get those documents quicker. Subpoenas are of course possible if you cannot retrieve the document yourself. The only problem with subpeonas is that you may be unable to retrieve all the information you need. For example, banks don’t hold bank accounts open for more than seven years. So if you have in your possession 10 years worth of accounts and account statements, that could be helpful in some situations.

mediation and orientation

‘What’s claim’ is based on the What’s case from 1985 by California Court Of Appeal and says that the husband in the above example may be reimbursed. Assuming the husband had been paying the mortgage from community property money and that the two had been married for 20 years that payment is reimbursable under ‘What’s Claim.’ This means if the mortgage payment was $5,000 or $10,000 every month that payment has to be credited to the community.

mediation and orientation

what it includes and what are the advantages of it in a divorce process? Mediation is a process that requires both parties’ consent. A mediator is usually a lawyer or a retired judge who helps facilitate negotiation settlement.