Divorce is not a difficult process in most cases. But it is still a legal process. This means that certain formalities must be followed. For example, when one spouse files for a divorce (or an annulment), they need to take certain steps to serve their complaint on the other spouse. Appeals Court Reverses Default Annulment Because Wife […]
Can My Spouse File For Divorce Without Me Knowing? Read More »
Ideally, parents who decide to divorce can come together and negotiate an acceptable schedule for sharing custody. Of course, the court is the final arbiter of what arrangements are in the “best interests” of the child. And if a dispute does later arise, say as to whether to modify a previously agreed upon schedule, the
Does A California Judge Have To Adhere To A “50/50” Split Of Parenting Time? Read More »
In Santa Clara County, as throughout the rest of the state, there is a six-month waiting period for couples who want to get a divorce. The concept of the waiting period seems straightforward enough, but it is just one element of family law that highlights how confusing the different rules surrounding divorce are. The laws
Understanding The Six-Month Waiting Period For Divorce Read More »
There is more than one way to get a divorce in Santa Clara County. You may envision a long and nasty courtroom battle but fortunately, few divorce cases end up going to trial. At Hepner & Pagan, LLP our first choice for our client’s is to get their divorce related issues into mediation. Mediation is
Common Misconceptions About Divorce Mediation Read More »
Many disputes may arise during the divorce process but some of the most heated involve asset division. The shared philosophy of “what is mine is yours” that prevailed during the marriage tends to fall away and spouses can find themselves suddenly fighting aggressively over certain assets. In some instances, spouses may even become so intent
Ways People Hide Assets During Divorce Read More »
In any divorce case that involves children, custody issues are some of the most contentious. Feeling uncertain and filled with worry at this time is natural, as you are likely very concerned about the outcome of your custody case. Knowing what a judge will consider during child custody hearings can help you better understand the
Understanding The Best Interests Of The Child In Santa Clara County Read More »
California is well-known as a community property state. This means that in a contested divorce proceeding, the court is required to divide any property co-owned by both spouses equally, unless certain exceptions apply. This rule only applies to “community” property and not any separate property owned by either spouse. As a general rule, separate property
Can I Remain In My Ex-Spouse’s House Even After Our Divorce? Read More »
While many divorce cases are amicable–or at least civil–there are some situations where the relationship has broken down to the point where law enforcement may get involved. If one spouse is abusing, threatening, or even stalking the other spouse, the aggressor may be facing criminal charges. It can also raise some interesting questions under California
Do Victim’s Rights In A Criminal Case Extend To Divorce Proceedings? Read More »
The division of property in a California divorce is often achieved through a marital settlement agreement (MSA) between the parties. Once a judge incorporates an MSA into a final judgment, it becomes a legally binding contract between the parties. This means if there is later a disagreement as to whether one side is upholding its
How Property Disputes May Arise Even After A California Divorce Becomes Final Read More »
408-688-9153
Call Us Now
Email Us Now