Monthly Archives: May 2011

Community Property vs. Separate Property in a Divorce

Community property is any property obtained during the marriage. If income was earned during the marriage, any proceeds from the income will be community property.  Upon dissolution, equity in a community property asset will be awarded equally to both parties.  Separate property … Continue reading

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Spousal Support Waivers can be Unenforceable if at the Time of Enforcement it is Unconscionable.

In Rosendale vs. Rosendale, a couple signed a pre-nuptial agreement before they were married which waived spousal support. The trial court in Orange County determined that the agreement was enforceable. FACTUAL BACKGROUND LEADING TO THE DIVORCE The parties were married … Continue reading

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Divorce vs. Legal Separation

A divorce (also known as a dissolution) and a legal separation are similar.  Both types of actions may include support, division of property, and custody.  The real difference is that for a dissolution, the parties are legally divorced when the … Continue reading

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Reconciliation After A Divorce.

A family law court is required to determine property interests in a divorce proceeding. In Broderick v. Broderick, the court confirmed the separate property interests of the parties and community property interest. FACTUAL BACKGROUND LEADING TO THE DIVORCE The parties … Continue reading

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How Long Does it Take to Get a Divorce in Orange County?

California Family Code §2339 states that a judgment for a divorce can be entered six months after the date the summons and petition is given to (“served” upon) the respondent or six months from the date the respondent formally makes … Continue reading

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Deeds: When Property is Placed in One Spouse’s Name to Obtain a Better Interest Rate, it Should Always be Transferred Back to Community Property to Avoid Issues in a Divorce.

In the California dissolution of Starr, the wife in the family law case quitclaimed her community interest in real property to her spouse as his separate property.  He promised in return that he would transfer the property back to community property … Continue reading

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