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June 2019 Archives

Property division: Community property vs quasi-community property

For Californians who are in the middle of a divorce, one of the most common topics for intense dispute is property division. There are certain laws that regulate how property will be distributed as part of the divorce. While most will understand the concept of community property and separate property, there is also quasi-community property. Understanding the difference between community and quasi property is important in a case as it moves forward.

Understanding the details of joint custody in California

Many residents of Sacramento County have heard the phrase, "the devil is in the details." The exact meaning of the phrase often remains obscure until a person goes through a divorce involving custody of minor children. Whether parents agree or disagree on which of them will have custody of the children, the details that must be settled either by agreement or court order are numerous. The failure to give proper consideration to one or more of these details can derail even a well-intentioned parenting plan.

Calculating spousal support in a California divorce

When a couple in Sacramento County decides to end their marriage, the issue of spousal support can be troubling to both parties. Generally, the court will order the higher earning spouse to pay alimony (or "spousal support") to the lower earning spouse. This generality has been modified by the California legislature to include a list of several factors that they must use in calculating both temporary and permanent spousal support. Sacramento County courts use the "Santa Clara method" for calculating temporary support: 40% of the high earners net income (less child support) minus 50% of low earner's net income.

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