Divorce

Divorce Grounds in California 

What is a no-fault divorce? Can you file for separation under multiple grounds? What is the difference between no-fault and irreconcilable differences? In California, the parties do not have to explain why their marriage is ending; neither party has to prove “fault”.  The parties do not have to wait before...
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How to Get a California Domestic Violence Restraining Order (DVRO)

Are you currently in an abusive relationship? Do you need immediate assistance obtaining an emergency order, a temporary restraining order, or a long-term domestic violence restraining order?   Taking the steps to free yourself from a dangerous relationship can be scary, but there are many professionals who are ready and...
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Developing a Shared Parenting Plan

If you share children with another parent, you will eventually need to resolve custody issues and work on the terms of a marital settlement agreement or a parenting agreement.  Even in the best of circumstances with amicable former partners, having a written and working parenting plan makes life easier for parents and...
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COVID-19 and Child Relocation

The pandemic has resulted in a major migration for many people. In the last nine months alone, more than eight million people have uprooted and moved back in with family or to find cheaper living arrangements. Many Bay Area residents are moving with their children to Sacramento County and Placer County.  Due...
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Same-Sex Marriage Divorce and Child Custody Disputes

The landmark case Obergefell v. Hodges, decided in 2015 by the U.S. Supreme Court, granted long overdue rights to same-sex couples. These rights include the right to marry, and consequently, the right to divorce. For same-sex couples, getting divorced in California generally follows the same process as it does for opposite-sex...
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Your Spouse Claims That Your Separate Property is Community Property (And Wants Half). Who Has to Prove It?

Your spouse says that the little cabin you acquired during the marriage belongs to both of you, but you insist that it was a gift to you alone or you purchased it with your separate property. Which one of you must convince the judge at your divorce trial? For clients...
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Tracing Commingled Assets. How to Unmix your Separate Property Back Out of the Community Estate.

When it comes to cocktails, mixed is a good thing – but not so much for assets in a divorce. As Sacramento divorce attorneys, our job is to unmix assets, moving them from the community estate to your rightful possession. Understanding the definition of commingled assets, as well as how commingled assets...
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Does Title Determine Who Gets the House In A Divorce?

When an asset was acquired during marriage and title is held in one spouse’s name alone (title to the family residence, for example), it is frequently assumed that the titleholder owns the asset alone as his or her separate property. During a divorce, title ownership is not the end of...
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How does California define “separate property” in a divorce?

One of the most common questions we receive about California divorce law is, “What does ‘separate property’ mean?” Let’s take a closer look at dividing property in a divorce, and how the rules of separate property come into play. What is Separate Property? Separate property is a specific category of...
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Getting Divorced in California, but have property in another state? Time to learn about “Quasi-Community” Property.

After a lifetime living in California, I was surprised to discover that most states are not community property states. We only give legal advice on California law, but according to our friends at Wikipedia, "the United States has nine community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas,...
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