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Posts Tagged ‘#CaliforniaDivorceLawyer’

What is Spousal Support, Also Known as Alimony?

Posted on: March 15th, 2018 by Hoover Krepelka

What is Spousal Support, Also Known as Alimony?

If you’ve made more money than your spouse and are considering filing for divorce, brace yourself. You may be required to make alimony, also known as spousal support, payments. This includes spouses who worked while the other took care of the home. The payments are usually done monthly until:

  • One of you dies or some other type of significant life event occurs:
  • Your former spouse remarries
  • The judge decides on a court date years into the future or if the judge decides enough time has passed for your spouse to be able to take care of themselves
  • Your child no longer needs to be taken care of by a full-time parent.

State law has placed guidelines on how alimony payments are calculated but those calculations are dependent on the accuracy of the information provided to the court. It is recommended to meet with an experienced spousal support attorney to ensure your payments are being calculates accurately and fairly.

There are two types of spousal support: temporary and permanent support. Temporary support can be granted while the divorce is pending. Payment amounts are determined by county laws. After the division of property is settled, the court can then decide to end the temporary spousal support or order long-term support if necessary. There are 13 factors that determine where long-term support, also known as permanent spousal support, will be ordered by a California court. These include:

  • duration of the marriage;
  • the standard of living established during the marriage;
  • any history of domestic violence;
  • and other factors.

Should the circumstances surrounding your spouse change such as them remarrying or getting a job, it is possible to petition the court to change the spousal support agreement. Before doing so, however, make sure to speak to a spousal support lawyer knowledgeable in spousal support law to advise you accordingly. The spousal support lawyers at Hoover Krepelka, LLP are prepared to give you appropriate counsel regarding your alimony case.

Is There a Difference in Divorce Procedures for Same-Sex Couples in California?

Posted on: January 15th, 2018 by Hoover Krepelka

We can explain California divorce laws.Is There a Difference in Divorce Procedures for Same-Sex Couples in California?

For same-sex couples seeking to end their partnership, there may be some confusion as to whether a same-sex divorce follows the same steps as a different sex divorce. Fortunately, divorce proceedings are the same for same and different sex partnerships. In the case of divorce, the court does not care who you chose to marry and focuses more on how to help both parties separate in a peaceful manner. Furthermore, California is a no-fault state, which means that there is no guilty party to blame in the divorce. As such, couples can divorce due to irreconcilable differences and do not need to provide any more reasons to the court to explain their decision.

If you are in a same-sex partnership and wish to divorce, the court will want to consider any:

  • Custody and visitation
  • Child support
  • Partner support
  • Division of property
  • Responsibility of debts

It will take at least 6 months for same-sex partners to divorce one another. Divorce proceedings can take longer dependent on how quickly both parties reach a compromise regarding custody or division of property. However, while divorce can take longer, it cannot occur before 6 months after starting the case.

California Residency Requirement for Different Sex and Same-Sex Marriages

For married couples to get divorced, same sex or otherwise, couples must meet California’s residency requirements. Either you or your partner must have lived in:

  • California for the last 6 months, AND
  • The county where you plan to file the divorce for the last 3 months.

If you do not meet the residency requirement, you can still file for a legal separation. There is a residency exception, according to the California Courts Judicial Branch of California, regarding residency requirements for same-sex couples. Same-sex married couples who got married in California but live in a state that will not dissolve a same-sex marriage, can file for divorce in California, regardless of these residency requirements. Couples are still required to file in whichever county they were married. Note that as of the 2015 Supreme Court decision legalizing same-sex marriage, there are no longer any states that will not dissolve a same-sex marriage.

If you’re not sure whether you can divorce your same-sex partner or need assistance in reaching a compromise regarding custody, child support, or division of property, reach out to the family law attorneys at Hoover ♦ Krepelka, LLP. We’ve been assisting couples for decades answering any questions regarding divorce for all types of partnerships.

How to Make Sure Your Divorce Doesn’t Damage Your Career

Posted on: November 20th, 2017 by Hoover Krepelka

We can explain divorce law in California. Call us today.

How to Make Sure Your Divorce Doesn’t Damage Your Career

You might be surprised to learn that in some circumstances a divorce can damage your work life. When you and your spouse decide to part ways, it is generally assumed that it is a personal matter that should have little to no impact on your professional life. Therefore, you may be wondering: How could your divorce damage your career?

Tips to Prevent Your Divorce From Damaging Your Career

If your divorce gets messy, it can bleed into every aspect of your life, including your work life. Therefore, knowing how to prevent your divorce from hurting your career is crucial. Here are a few tips for how you can help prevent your divorce from harming your professional life:

  • Alert your boss and Human Resources – Tell your boss and your HR department that you are going through a divorce. Telling your boss will let him or her know to expect you to need some schedule flexibility at some point to attend court dates and other divorce proceedings. Letting your HR department know that you are getting a divorce will enable you to get important information from them that you need to know, such as how your health insurance premiums, retirement plan and pension will change.
  • Make sure you have a budget in place – Typically, both sides take a financial hit in the wake of a divorce or legal separation. Therefore, have a plan in place as to how you will handle your finances following your divorce.
  • Do not make any hasty decisions – Take some time following your divorce to get used to life after marriage before making any big decisions, like moving, quitting your job or going back to school.
  • Do not take your mental health for granted – The divorce process is an extremely stressful time. Make sure you are not taking calls from your lawyer during the workday unless you absolutely have to. Eat healthy. Get to the gym a few times a week. Limit the time you spend at after work happy hours. Talk to a therapist, friends and family about the situation.

The experienced divorce attorneys at Hoover Krepelka, LLP know how to help you handle your legal separation or divorce discreetly, so that it does not become an issue that negatively impacts your professional life.

Travis Krepelka Talk – Divorce: Who Gets The House?

Posted on: March 28th, 2017 by Hoover Krepelka

Travis Krepelka Talk – Divorce: Who Gets The House?

Watch as Travis Krepelka of Hoover ♦ Krepelka, LLP speaks on divorce, and one of the most common questions, “Who gets the house?”

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