What Is Discovery in Divorce?
Divorce is a difficult process both emotionally and throughout each of the necessary steps required by law to end a marriage in California. California’s no-fault divorce state means either spouse may file for divorce simply under the grounds of irreconcilable differences, so filing is a relatively simple matter; however, it’s also a 50/50 divorce state for separation of marital property, including all debts and assets accumulated during the marriage. This…
Read More[Study] The State of Divorce in the U.S.
At Fernandez & Karney, we help families with the divorce process every day. Therefore we wanted to find out just how much divorce rates have changed across the country and in which states people are divorced the most and least often. To this end, we compared U.S. Census American Community Survey results from 2010- 2021 (the latest year available) to examine the issue. Below is the “State of Divorce”…
Read MoreHow To Keep Your Pension in a Divorce
Whether retirement is around the corner or decades away, one of the highest valued assets to negotiate during a divorce settlement is a pension or retirement plan from your 401K, IRA, or FERS (Federal Employees Retirement System) package. Pensions are also among the most complex assets to divide during the divorce process in California, where the state’s equal distribution of marital assets law applies to employee pensions. It can be…
Read MoreCan a Divorce Be Reversed?
Almost no one walks down the marriage aisle expecting it to be a pathway to divorce, but when people change, goals change, or life gets in the way, California courts offer a dissolution of marriage agreement (divorce) as a remedy. By the time the multi-step procedure becomes final, most spouses are relieved to see the ink dry on the paperwork so they can move forward from the distressing process. However,…
Read MoreSpying on a Spouse During a Divorce
According to California’s no-fault divorce law, neither spouse in a marriage needs to show the court that the other did anything wrong in order to achieve a decree of divorce. Unlike decades past, when spouses had to prove that the other committed deep wrongs against the marriage like adultery or abandonment, today’s divorcing spouses only require one party to claim that they have irreconcilable differences and that the marriage is…
Read MoreCyberstalking in California Divorce
Most people in today’s world enjoy the way online platforms and electronic resources help to keep us connected to friends and family, but what happens when those same social media platforms, GPS devices, and other electronic tools make it possible for an ex-spouse to stay connected to the other spouse against their will, or in a way that causes them fear? Today’s age of social media apps, AirTag trackers, and…
Read MoreWhat Is a Minute Order?
Things move quickly in courtrooms, often demanding later scrutiny by the subjects and lawyers involved in the case. In most courtrooms today, a stenographer and/or a court reporter or clerk records all verbal exchanges. As in less formal meetings, a court reporter’s notes of what takes place in a courtroom are often referred to as “minutes,” taken from the Latin term “minuta scriptura,” or small notes. If you’ve been in…
Read MoreWhat are Common Issues in High Net Worth Divorces?
The process of a divorce is an emotionally distressing time and the legal proceedings can become complex and contentious, especially when it’s time to divide marital assets. But for spouses with a great deal of property and assets with a high monetary value, the process becomes even more challenging, often with significant issues to address. Though the 50/50 division of property laws in states like California may sound straightforward, it…
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