The following steps can apply to couples who are not sure whether divorce is the right course of action or who have already made the decision to divorce but are trying to mitigate painful interactions.
MOVE AWAY CASE… How does it work?
Move away cases are one of the most difficult cases in Family Law to get granted in court through trial.
Here is an example, first, one parent, let’s say, moved to a city where the other parent is and never liked it because they couldn’t find a job or couldn’t get friends, etc., and just feels like it was a bad compromise.
How To Protect Your Assets in a Divorce
• To start off, I would consult with a lawyer and see what you can do to protect your assets even before filing for divorce to come up with a strategy. 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.
Legal separation is a possibility for these two people.
Legal separation is an alternative to divorce for people who can't continue to live together, but
do not want to end their marriage.
A couple is legally separated after petitioning the court to recognize their separation. Simply
living apart does not constitute a legal separation, you have to file papers with the court.
Should Parents Stay Together for the Sake of Their Children?
Six Months Residence… One spouse, petitioner or respondent, has to be a resident of the state of California for at least six consecutive months before filing for divorce. The spouse must also have lived for three consecutive months in the applicable county. For example, If someone is traveling for a year and works in a different country or state, that interrupts the six months period.
Should Parents Stay Together for the Sake of Their Children?
The foundation for this article is based on the belief that life should be joyful and to encourage couple’s personal happiness while being a role model for their children.
Way too many clients tell me that their marriage has been over for many years before coming to my office. When these clients come to my office, they are usually impatient and want to be divorced yesterday.
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.
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?
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.
how to choose a mediator
Retirement accounts and pensions are often one of the biggest assets to be divided in a divorce or legal separation. Certain types of retirement accounts and pensions must be joined to the case, so that the court’s order for division of the account can be followed. Information about what types of plans must be joined and which do not need to be can be found on California Judicial Council Form FL-318-Info or by talking to a lawyer.