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September 2018 Archives

Dealing with retirement plans in a California divorce

For divorcing couples who have been married for a significant number of years the retirement plans owned by them may be the largest assets they own, worth more than even the house. Because California is a community property state, the process of dividing the assets in these plans can be very complex and involves provisions of both state and federal laws.

Two ways to avoid a court trial in a divorce case in California

Many couples in Sacramento who are pondering a divorce are concerned about the emotional strain and expense of an extended court trial. These concerns are increased if the marriage involves young children or if the couple has acquired significant assets to split during the divorce. The California court system provides two alternatives to a full-blown trial: mediation and collaborative divorce. The two processes can be very similar, but a knowledge of the differences may help a couple choose the process that works better for them.

Parental fitness and child custody

A divorce can trigger ugly emotions for one or both spouses, especially if young children are involved. In some divorce cases in Sacramento County, one or both spouses will accuse the other of being an "unfit" parent. On some occasions, this accusation is merely the product of one spouse's anger toward the other spouse. On others, it is an attempt to injure the other spouse by preventing access to the children. And, on some occasions, the accusations are true. What happens then?

An overview of spousal support in California

One of the biggest concerns for any Sacramento resident who is considering a divorce is the subject of alimony, or "spousal support," to use the preferred California term. Generally speaking, California courts will order one spouse to pay support to the other spouse to alleviate unfair economic burdens that will arise out of the divorce. The spouse with the lower income will usually receive an award of spousal support from the other spouse, but a mere comparison of income levels does not settle the question.

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