Peter Tuann

You have the choice to refuse to sign the divorce papers if you do not agree. However, you should know that this does not stop the divorce. As long as you were served the divorce papers, a judge can issue a default judgment. This means that your spouse gets everything he/she asks for. A better option is to respond to the divorce notice and fight for terms that are more favorable to you. You have 30 days to do this.

The decision concerning which a spouse moves out of the home after a divorce is started depends on several factors. The first is to consider the children and which spouse is the primary caregiver. The primary caregiver should remain in the house to let the children continue having as normal a life as possible. Another thing to consider is which spouse has more options for alternative housing arrangements. The spouse with more options should be the one to move out.

The first thing you need to do is get help. This can come from family and friends or the domestic abuse shelter in your vicinity. The next step is to go to the family court in your area and file motions for support. This ensures that you are not left without a means to take of yourself while staying away from your husband. With this in place, you can then begin to take steps towards getting a divorce.

In California, you must have lived in the state for at least 6 months before you can file for divorce. However, a legal separation does not require this. When you file for divorce, you must wait an additional six months before your divorce can be finalized but there is no waiting period for legal separation. While divorce ends your marriage, a legal separation does not. Hence, you can continue to enjoy the benefits you enjoyed before, such as your spouse's health insurance policy.

Retirement funds and 401(k) plans are treated like other assets accrued during the marriage. This means that the spouse without a 401(k) plan is entitled to receive half the value of the retirement plan accrued during the length of the marriage. So, if the spouse with a retirement plan worked for 24 years and the marriage existed for 16 years of that time, the non-participant spouse would take half of the value of the 401(k) plan that accrued during those 16 years.

The court determines whether the property is communal or separate. After this, there is an agreement on the value of the property and a decision is made on how to divide the property. Separate property ordinarily covers assets that spouses acquire before the marriage and after separation – even if the couple is not officially divorced. The date of separation is the date when one spouse decides to end the marriage and together with leaving, does other things that emphasize the spouse’s decision.

In California, all judges use a computer program called DissoMaster, which uses income information, time with kids, to calculate spousal support and child support, if any.

In California, spousal support is decided based on the discretion of the court. The court looks at different factors in determining whether to award or deny spousal support. This includes: -Length of marriage and standard of living -Whether one spouse helped the other’s education or training -The marketable skills of each spouse and their individual earning capacity -The tax liabilities of each spouse -The length of time for which the paying spouse will pay the alimony

Couples may agree to a postnuptial agreement if they are unable to agree to a prenup before marriage. As such, it includes many of the provisions in a prenuptial agreement. It can also include: -Decisions on how to divide property in the case of divorce: While the usual case is to deem all property acquired during the marriage as communal, a postnup allows you to define some as an individual. -Infidelity clauses: If one spouse cheats, a postnuptial agreement with an infidelity clause will protect the spouses in event of a repeat occurrence.

A postnuptial agreement is legally binding if a court rules it to be so. For a California court to rule a postnup legally binding, the agreement is heavily scrutinized to ensure that it was not drafted in the spirit of unfairness. An important thing to note though about a postnup out is that while one of the intending couples in a prenup can still back out, there is no such thing here. In a postnup, the two parties are already married and as such, the option of backing out is not on the table.

Yes, a prenuptial agreement can override a will. However, this is dependent on the specific provisions of the agreement. Sometimes, a prenuptial agreement can be so binding as to dictate how the spouses will draft their wills. In situations where the provisions of a will clash with a previous prenup, most probate courts will uphold the provisions of the prenup. Although, there may be an exception where the prenuptial agreement was deemed to have been signed under duress.

Yes, prenuptial agreements can be changed if both parties agree to make the changes. The changes can be made to the overall document, or just for some parts of the agreement leaving the other parts of the agreement unaltered. The changes must be made in the presence of witnesses and notarized, as must have been the case with the original prenuptial agreement. The entire agreement can also be revoked by both parties in writing if they wish to do so.

A prenuptial agreement protects both parties in a marriage in the event of death or divorce. To this end, the following should be included when drafting one: -What property will remain separate and which will be marital -Financial obligations during the marriage -Agreements regarding alimony/spousal support -What procedure should apply in the event of divorce -How debts will be handled -Property distribution during divorce -How inheritances should be categorized -How pre-existing interests in business, such as a family enterprise, should be treated.