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What are the steps in a divorce?

When you’re wrestling the emotional turmoil of divorce, a chaotic legal process is the last thing you need. After all, divorce is ultimately meant to resolve the situation, not worsen it. In an effort to reduce stress, this post outlines the basics of getting a divorce in California in six steps. Please note that this […]

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Divorce

While You Wait: Pendente Lite Orders

Litigation is costly and time-consuming. Especially in family cases, the fight may be harder than you expect. Not only is the financial reality burdensome, but the personal nature of these matters is exhausting. Pendente lite (Latin for “pending litigation”) orders exist in order to maintain the status quo—particularly when minors are involved. As we discussed […]

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Separation and Section 70

How do you know when a marriage has ended? Can you quantify it? If we handed you a calendar and asked you to circle an exact date, could you? As we know from our website’s Divorce and Separation page, California is a “no-fault” divorce state. From the moment you’re married, there’s an assumption of community […]

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Cohabitation Does Not Make a Marriage

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After the trials of twentieth-century feminist movements, it’s not a leap to suggest that marriage is regarded skeptically today. You need look no further than the U.S. Census Bureau Figure MS-2, which depicts the sharp rise in marital age. Now, when marriage is entered upon, it’s not the kneejerk fix-all or rite of passage it […]

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Cohabitation

Why You Should Always Read the Small Print

Did you notice those restraining orders hiding on the back of your divorce paperwork? If not, I don’t blame you—they’re easy to miss. Automatic Temporary Restraining Orders (ATROs) or Standard Family Law Restraining Orders (as they’re now called) are four mutual orders that automatically come into effect when filing for divorce or legal separation. They […]

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Divorce and Substance Abuse

California is a “no fault” divorce state, which means that a spouse or domestic partner asking for divorce does not have to prove that the other spouse or domestic partner did something wrong. Instead, the individual claims “irreconcilable differences.” In other words, the couple agrees to disagree. No fault divorce entitles both parties to a […]

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The Dreaded Prenup

Premarital agreements have a bad rap. Often, they’re construed as insults to romance–cold, calculated bets against a relationship’s survival. Countless films and T.V. shows uphold this reputation, to name a few: The Good Wife (2009-2016), How I Met Your Mother (2005-2014), The Wolf of Wall Street (2013), Entourage (2004-2011), Sex and the City (1998-2004), Intolerable […]

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Facebook Provides a Wealth of Evidence in Divorce and Custody Cases

Historically, the laborious gathering of detrimental evidence was done through private investigators or subpoenas for credit card statements and phone records. The advent of social media ensures the same damning evidence is effortlessly at the fingertips of opposing counsel. It appears that people share intimate personal details online based on a false expectation that information […]

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What’s Mine is Mine: Safeguarding Assets in Anticipation of Divorce

Cancel jointly owned credit cards. Inform your spouse that you are cancelling joint credit accounts. If you continue to maintain such accounts, you will most likely be liable for debt incurred by your spouse. You can freeze accounts by telling the credit card company you are going through a divorce. Protect your savings. If you […]

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