Law Offices of Hollie A. Lemkin, APC
Call For A Free Consultation
949-734-4788

divorce Archives

Do you need an attorney to navigate an uncontested divorce?

Many California couples who find themselves at the end of a marriage manage to focus on the future rather than the past as they proceed through this challenging process. Regardless of how amicable a divorce is, it will always be tough. However, agreeing to file an uncontested divorce can limit the trauma for both parties and any children they may have.

Divorce: Couples in any circumstances can benefit from a prenup

California people who are considering marriage may have the misconception that prenuptial agreements are only required for those with considerable wealth. However, a person who is expecting a significant inheritance will not stand to lose it in a divorce; if it is not commingled with community property, it will be automatically protected. Compare that situation to a person with little or no assets who builds a successful business, a married couple that relocates to a different state with different laws or a person committing to a second marriage. For them, prenups could be invaluable.

Divorce may not be the only option for California couples

Many California people find that marriage is more complicated than what they expected, and that living happily-ever-after is not guaranteed. Some advisers say that entering into a marriage by accepting that there will be challenges could prevent spouses filing for divorce at the first obstacle. When problems arise, the options include staying and hoping it will blow over, separating to get perspective or filing for divorce. The ideal situation would be finding solutions together and avoiding divorce, but that is not always possible.

Divorce: What may lead to a prenup being challenged in court?

Many California couples choose to sign prenuptial agreements to override the state and federal laws that govern marriages. However, if the legal requirements of establishing such a contract are not met, a marriage agreement may be deemed invalid by the court during divorce proceedings. One of the reasons for such a decision by a judge may be an oral or verbal agreement that was never recorded in writing and signed by both parties.

Get answers about divorce from an attorney rather than Google

Ending a marriage is as major a step in anyone's life as getting married. In fact, navigating a first-time divorce in California can be significantly more complicated than arranging a wedding. While the internet is the go-to source for most how-to questions people have these days, it is not a suitable source for the navigation of a divorce.

Important steps in preparation for a divorce in California

Any person in California who considers putting an end to a marriage will likely know that it is a complicated and emotional process. There will be many big decisions to make, and a divorce will probably bring about significant changes in the lifestyles of both parties. One of the first changes to make is to separate finances by establishing individual bank and credit card accounts for each spouse. The legal process of divorce can also be costly depending on the type of procedure chosen.

Divorce, alimony and the new tax law

Couples in California who are thinking of ending their marriage may have questions about the new tax law. Although there has been frequent mention of the implications it will have on alimony after a divorce, it remains confusing. This is because the new law may benefit the spouse receiving alimony, but jeopardize the one paying it.

A separation agreement can form the basis of a divorce decree

When marital problems develop, some California couples carefully consider their options before taking steps that they may later regret. Couples may -- for different reasons -- choose a legal separation before filing for a divorce. One of those reasons is the possibility of reconciliation. They could file for a legal separation, which will enable them to live separately without putting an end to their marriage.

The division of debt in a California divorce can be challenging

When a couple in California decides to end their marriage, one of the primary considerations will likely be property division of which debts may form a significant part. There might be questions about how debt is divided in a divorce, and getting answers is crucial because it could affect post-divorce financial stability. California is a community property state, which means that debts incurred during the marriage belong to both spouses even if only one spouse is named on a particular account. 

Divorce: Why would people sign a postnuptial agreement?

Although more and more couples in California choose to sign prenuptial agreements, many others believe it is only necessary for high net worth couples. Some shy away from even discussing it because it might suggest they are planning for a divorce before they are even married. However, circumstances change, and many couples later reconsider the pros and cons of a marital contract and then sign a postnuptial agreement.

Contact The Firm In Costa Mesa

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Contact Us

695 TOWN CENTER DR STE 700
COSTA MESA, CA 92626-7122

Phone: 949-734-4788
Fax: 949-340-7368
Map & Directions