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What is the Ten-Year Rule?

Posted on: Oct 10, 2017 by in Uncategorized
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In California divorce cases, the court usually considers many different factors, as they are instructed to do by the California Family Code Section 4336.  They will look at many different things, one of which being the length of the marriage.  They will rely, to some extent, on the ten-year rule when determining the length of time a person should receive alimony, or spousal support.  What is the Ten-Year Rule?  How does it affect the outcome of California divorce rulings? Can a spousal support law firm help?

Basics of the Ten-Year Rule

The ten-year rule in California affects the classification of a marriage during divorce proceedings.  If you have been married for more than ten years, you are considered to have been in a “marriage of long duration.” Alimony is California is intended to support a spouse who has been out of the workforce for a significant period of time, and who cannot be self-sustaining without the support of the other person.  The person receiving alimony is expected to work towards being self-sufficient, and to achieve that goal at some point in the future.  If you have been in a marriage of long duration, you may be eligible for ongoing support for a longer period of time, according to our spousal support lawyers.

Why is that Important?

There are always extenuating circumstances, but generally speaking, if you have been married for less than ten years, spousal support is typically award for no longer than a period of half the marriage term.  So, when a six-year marriage that dissolves, spousal support should not be expected to last longer than three years.  This is considered a reasonable amount of time for the person receiving support to get back into the workforce, and to have the ability to support themselves.

What Changes After Ten Years?

If your marriage has lasted long than ten years before the divorce proceedings begin, the length of time the spousal support continues may be affected.  The court is not allowed to set a definite termination date, at the time of the trial, to end alimony payments in a case that involves a marriage of long duration.  Remember, this does not mean lifetime spousal support, but it may be possible for support to be awarded for longer than half the time of the marriage.

Lifetime Spousal Support

It is important to keep in mind that there is no lifetime spousal support in California.  Although the ten-year rule will keep courts from setting a specific end date for spousal support, that does not mean that lifetime support is guaranteed.  That is a common misconception.  In some circumstances, the court may decide that the person receiving support will never be able to be self-sufficient without the financial help of the other person.  But, in most cases, support orders will be discontinued or amended as circumstances change.

A Word of Warning

Do not assume that if you have been involved in a marriage of long duration, according to the ten-year rule, that you will get lifetime support, or even longer than half the marriage.  Remember that this is just one of the factors that will be examined during the course of the divorce proceedings.  The judge will consider all circumstances when making a finding for spousal support.

For more information, speak to our spousal support attorneys today.

Divorce And Real Estate: What Happens To The Family Home?

Posted on: Feb 23, 2017 by in Divorce, Uncategorized
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When a married couple buys a home in the state of California, it’s their community property, and if the couple divorces, the home must be “split” 50/50.

When a marriage ends, the division of the family home is often a central point of dispute. Divorce often means a new lifestyle, a smaller home, or even a move to a new community.

For most spouses who are divorcing in California, selling the family home during the divorce is usually the best way to split the home.

Of course, both parties will want the maximum possible benefit from the sale, and that’s where conflict can surface. This is where divorce lawyers in Cerritos can help.

WHAT ARE THE WAYS A HOME CAN BE DIVIDED?

What are your options when you divorce in California and the family home must be divided? When you seek a divorce in this state, it’s imperative for you to understand all of your options and alternatives.

In Southern California, to make sure that you are aggressively represented and that your legal rights are protected throughout the divorce process, work from the very start with a skilled Long Beach divorce attorney.

If you and the spouse you are divorcing can agree, these are some of the options for splitting the family home:

  • Selling the home: The easiest way to split a home is simply to put the home on the market and then divide the proceeds 50/50. Unfortunately, for one reason or another, this solution won’t be available in many divorces.
  • A buy-out or sell-out agreement: In a buy-out, one spouse simply buys the other spouse’s half of the home. If you and the spouse you are divorcing agree to a buy-out, a good divorce lawyer will look out for your long-term interests.
  • Remaining at the home: Certain divorcing couples may be able to share a house until a divorce is complete, but this plainly isn’t feasible for most couples during the divorce process. If the two of you choose to remain under one roof during the divorce procedure, establish clearly understood limitations and rules.

WHAT IS THE ONE THING YOU MUST NOT DO DURING A DIVORCE?

However, one of the worst moves you can make just prior to a California divorce is voluntarily moving out of the house. If your name is on a lease or a mortgage, you are not obligated to leave. Sleep on a sofa or set up a tent in the back yard if you must.

But do not move out before any divorce papers have been filed. If the case goes to a trial, your spouse’s lawyer can claim that you “abandoned” your family, and you’ll have a difficult time refuting the charge.

Dividing and distributing the marital assets is always a daunting challenge in the divorce process. If selling is the agreed-upon option for the home, selling also means that the divorcing spouses will have to select an agent, determine a selling price, and agree on the terms.

Make sure the sale price takes into account your expenses: mortgage loan balances, legal fees, interest accrued, recording fees, transfer taxes, and property taxes.

A real estate agent can help you determine the right selling price. Divorcing spouses who agree to sell their home will want the advice of a qualified divorce lawyer as well as a trustworthy and experienced real estate agent.

If a buy-out is the agreed-upon option for the home, and you are bought out by your spouse, have your name deleted from the title.

If you are the one buying out your spouse’s share of the home, know the details regarding the mortgage, the principal-interest ratio, the taxes, and the homeowner’s insurance.

If you plan to buy out your spouse’s equity in the home, you’ll need the ability to qualify for a mortgage by yourself.

WHAT ELSE SHOULD DIVORCING SPOUSES CONSIDER REGARDING THEIR HOME?

If you sell the home, you also must decide if either spouse will remain in the home until the sale. When divorcing spouses are parents, the parent with custody frequently stays in the home.

If the house does not sell quickly, then provisions for the additional mortgage payments will need to be included in the final divorce settlement.

Repairs, maintenance, and other expenses that selling a home entails will also have to be considered.

If the valuation of the home is below the current mortgage balance, divorcing spouses may choose to wait and sell the home after market conditions improve.

As you can imagine, a number of factors must be considered when you sell your home during a divorce.

Financial details are a substantial part of any divorce, so the more properties and assets you and your spouse own, the more complicated a divorce will be.

While you should seek specific personal advice about finances during a divorce from a Long Beach divorce attorney, the suggestions provided here can help you keep your finances in order during and after the sometimes-lengthy divorce process:

  • Pay thoughtful attention to how your house is titled, where your important financial documents are stored, and the details regarding your assets, your debts, and your retirement benefits.
  • Pay thoughtful attention particularly to your retirement plans. A divorce can effect your retirement savings, military retirement payments, corporate pensions, and Social Security entitlements.
  • If the final divorce settlement lets you, close, split, or personally refinance mortgages, credit cards, and auto loans. Your own credit score shouldn’t suffer simply because your former spouse makes late payments or no payments at all.
  • A divorcing parent may be ordered by the court to pay child support. Establishing a life insurance policy can guarantee those payments are made if the non-custodial, support-paying parent dies while the child support order is in effect.
  • Keep on top of your own financial situation, because expenses really do rise when you are on your own. Two may not be able to live quite as cheaply as one, but the reality is that the single life really does cost more.

Bring your beneficiary designations up to date and ask your Long Beach divorce attorney about the changes you’ll need to make to your will and other legal documents after a divorce.

California law does not require you to hire an attorney to handle your divorce, but a trustworthy California divorce lawyer can help you understand your rights in a divorce and provide the legal guidance you need – right from the start.

Served with Divorce Papers? How to Respond

Posted on: Nov 13, 2015 by in Uncategorized
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If your spouse has served you with divorce summons, then you are now the respondent in a divorce case. Go through the papers that you have received. Most likely, you will receive a Petition, and a divorce Summons.

The Petition will inform you about what your spouse, or domestic partner, wants. The Summons will inform you about your rights during the divorce process. In the summons, you will also be prevented from moving out of the state with your children. It’s important to go through these documents carefully. Once you receive the summons, it is also important to speak to a family lawyer in Los Angeles who can explain the contents of the documents, and also advise you about what to do next.

Remember, there are several options open to you. If you choose to do nothing, it means that you are giving up your right to participate in the case. If you already have a pre-existing notarized agreement with your spouse, in which you decide that you want to end the marriage, and have decided on other important aspects, like child custody, child support, alimony, division of assets and other things, you also don’t have to do anything.

You can also choose to file a response with the court. If you have reached an agreement with your spouse on matters of child custody, support and alimony, you are now in an uncontested divorce. If you have not reached an agreement with your spouse on these matters, you are in a contested divorce.

Get in touch with a family lawyer in Los Angeles to learn more about how to respond when you’re served with divorce papers. It’s important for you to protect your rights as soon as divorce proceedings are initiated, especially when it comes to child custody, and alimony.