McCoy Fatula, APCMcCoy
Fatula
Located in Roseville, CA
916-945-2780

divorce Archives

Impact of Divorce On Estate Planning

The road to getting a divorce finalized is different for every person. Whether your divorce was quick and efficient because you and your spouse were able to be amicable and cooperative or the divorce was drawn out for two years through intense divorce litigation, you are finally done with it. However, it is very important to understand that a finalized divorce can have legal implications on other areas of the law. One of them is estate planning.

Community vs. Separate Property In California

One of the biggest concerns a spouse has when seeking a divorce is how assets and liabilities will be divided. There is much at stake for couples, especially those with significant assets. Real estate, retirement accounts and savings are all types of property that are considered in property division. Most states use the theory of "equitable division of property." In general, this means there is no set split for how property is divided. However, California is a "community property state." This means that any property deemed community property will be divided fifty-fifty. The line is set more in community property states.

Getting A Divorce As Your Child Goes Back To School

Over the summer you and your spouse have come to the conclusion that a separation and divorce is best for the family. Your extended family knows about this decision as well as some close friends. But now with school starting soon, you are worried about what this means for your child. Will they be embarrassed and teased by their friends? How will the teachers react? Should you let them know about your situation now? These are all valid worries and concerns as you prepare for back to school season.

What Is Getting An Annulment?

You may have heard of someone seeking an annulment shortly after getting married. But how is this different from getting a divorce? A dissolution of marriage and an annulment are two very different legal actions. A divorce recognizes that there was a legal marriage and now one or both parties are seeking to dissolve that marriage. However, at the root of an annulment is claiming the marriage was never legally recognized. Therefore, it did not exist. You may have heard of the term "null and void." In other words, the marriage is void.

Why Online DIY Divorce Is Not a Good Idea

As someone carefully considering your legal options in seeking a divorce in California, you should also be wary of DIY divorce. Particularly, online DIY divorce services that claim they can handle your divorce with expert advice. More and more sites are popping up on the Internet that claim you can get a divorce practically overnight and for practically nothing. However, there are dangers and pitfalls in getting your divorce through these types of sites and services.

How Mediation Can Benefit Your Divorce

Mediation: you have probably heard of this process before. Either from a friend who has gone through a divorce before or a family member who recommends utilizing this process. In any event, most attorneys will advise you to at least consider using mediation for your divorce. This is because there are many potential benefits to using this ADR ("Alternative Dispute Resolution") method. Some of them include saving you substantial time and money.

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