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"I don't want to get divorced, but. . . ."

Most disagreements in California divorces concern child custody and support, spousal support or division of non-marital assets. In some divorces, however, the dispute centers on the basic question of whether both parties want to end their marriage. What happens when one spouse wants a divorce but the other one does not?

Getting your ex-spouse to pay attorneys' fees in the divorce

One of the most common questions individuals ask when they are seeking a divorce is how will the attorney's fees be paid. In most civil cases, courts follow the so-called American rule and require the parties to pay their respective attorneys' fees. The same rule usually applies in divorce cases, but California law contains three important exceptions that may allow one party in a divorce to recover attorneys' fees from the other party.

Rep. Darrell Issa may be pulled into fellow congressman's divorce

Contested divorces often ensnare friends and business associates of one or both parties. Rarely, however, does a divorce pit one congressman against another. This unusual spectacle is now unfolding as Ohio Rep. Michael Turner is attempting to compel California Rep. Darrell Issa to give deposition testimony in his divorce.

Modifying an order for child support in a California divorce

As anyone who has experienced a divorce can attest, life is not certain. That observation applies to many post-divorce situations, including the payment of child support. As many people in Sacramento have come to realize, the completion of the formal divorce proceeding does not always mean that disagreements and court appearances will never happen. The circumstances in which divorced parents and their children find themselves after divorce cannot always be predicted, and, for this reason, California law has procedures for modifying orders for child support.

Easing the emotional pitfalls of divorce

Very few, if any, Californians enter a marriage expecting the union to fail. But, divorce is a common phenomenon, and even the mere thought of divorce can unleash a flood of unpleasant emotions, including anger, grief, fear and anxiety. Psychologists who have studied divorce have offered a number of suggestions for eliminating or softening the impact of these emotions.

Enforcing child support orders across state lines

One of the most trying moments after a divorce is finalized is when the ex-spouse who is ordered to pay child support decides to move to another state. Even the mere announcement of an intent to move can instill in the custodial parent intense anxiety about ensuring that child support payments arrive on time and in the correct amount. Fortunately, the California legislature, along with the other 49 state legislatures, has adopted the Uniform Interstate Family Support Act to help alleviate this post-divorce problem.

Annulling a marriage in California

Some people in Sacramento who want to end their marriage often ask about the annulling the marriage instead of obtaining a divorce. The difference between a divorce and marital nullity (the technically correct term) is relatively straightforward. A divorce is a judicial proceeding that ends a marriage that was valid in all respects. An annulment is a court order that the marriage was never valid. In other words an annulment treats the marriage as though it never happened.

Understanding how "QDROs" work in a California divorce

A Qualified Domestic Relations Order, known as a "QDRO," may be one of the most useful documents in resolving a divorce and giving effect to the court's division of community property. A QDRO, pronounced "quadro," is an order issued by a California court specifying how a retirement plan will be split by the parties to the divorce.

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