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Is divorce right for you? It might be, but think it through

You've been struggling with the idea of getting a divorce from your spouse. They haven't been around as much as you'd like, and you're getting tired of waiting for them to spend time with you. You know that life is busy, but even when you make your best effort to be there, you don't feel they're doing the same for you.

Do you have to follow community property rules?

California is a community property state. What that means is that the court expects both parties to leave the marriage with half of their marital assets (or half the value of those assets). The idea behind community property laws is that those who are married should be sharing their marital assets if they divorce. No person should be above the other, and splitting the assets collected during marriage keeps things fair.

Getting through a divorce with reduced conflict

Some spouses in California decide to divorce amicably and can move quickly to a new style of relationship. However, this is often more difficult when complex issues like infidelity, addiction or breaches of financial trust are involved in the end of the marriage. A spouse may justly feel wronged by the other party, and they might want to take action to expose or punish the other party's misconduct. However, wronged spouses should think twice before taking revenge that could affect their case in the courtroom.

Factors to consider when settling or going to court in a divorce

In a California divorce, a decision that must be made is whether to settle the case through negotiation or to move forward with a trial. The circumstances will frequently dictate which is the preferable option. Understanding various aspects of each is beneficial.

Common reasons why women end marriages

According to the American Sociological Association, women initiate roughly 70% of all divorces in California and throughout the United States. One of the key reasons why a woman would want a divorce is the feeling that marriage is holding her back. Despite the fact that they make up a majority of the workforce, most women haven't seen any change in their responsibilities at home as they take on more work outside the home.

Division of retirement accounts in divorce is all in the details

As some California couples begin the divorce process, retirement accounts, including IRAs, will be on the table for negotiations. Unlike other retirement accounts, which need a QDRO for their division, IRAs are divided based on the negotiations that lead to the divorce agreements.

How to avoid long-term money woes after a divorce

While California residents may experience financial and emotional consequences after a divorce, it is possible to recover from them. According to a survey from Fidelity Investments, it takes about five years for most people to feel as if they have recovered both emotionally and financially from the end of a marriage. Those who played a role overseeing a household's finances said it was easier to recover from the financial fallout of a divorce.

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The Law Offices of Oliver R. Gutierrez
600 Allerton St., Suite 200
Redwood City, CA 94063

Phone: 650-399-0962
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