Divorce & asset division

Legal Separation

If you are contemplating divorce or a legal separation, there are many factors that you should know beforehand. One of the first things you should do is acquire legal representation. Here at Shulman Family Law Group, our attorneys will assist you with your divorce or legal separation, and will make sure that your rights are protected.

Separation Date

Many people make the grave error of failing to document the date of their physical separation, but California law uses that date in determining asset and debt division, the date for commencement of support and other critical legal ramifications. This can have a large impact if you are trying to claim certain property and assets as your separate property.

Any property or assets that were purchased or acquired prior to the separation date are presumed to be community property, and your spouse has a claim to that property. Any property or assets purchased or otherwise acquired after the separation date are considered your separate property if acquired with separate property funds. Similarly, all property acquired at any time by gifts or inheritance is separate property of the recipient of such property.

Call us to speak with one of our experienced attorneys, who can help you to marshal the facts necessary for such determinations.

Single Status Restored

Many people make the grave error of failing to document the date of their physical separation, but California law uses that date in determining asset and debt division, the date for commencement of support and other critical legal ramifications. This can have a large impact if you are trying to claim certain property and assets as your separate property.

Any property or assets that were purchased or acquired prior to the separation date are presumed to be community property and your spouse has a claim to that property. Any property or assets purchased or otherwise acquired after the separation date are considered your separate property if acquired with separate property funds. Similarly, all property acquired at any time by gifts or inheritance is separate property of the recipient of such property.

Call us to speak with one of our experienced attorneys, who can help you to marshal the facts necessary for such determinations.

No-Fault

California is a no-fault state, which means that you or your spouse can file for divorce without the consent of the other and the alleged fault of “bad conduct” of either party is rarely admissible.

Residence Required

In order to file for divorce in California, you must be considered a resident of the state. You will have to show that you or your spouse lived in the state for at least six months and that you or your spouse resided for three months in the county in which you file. If you cannot claim this residency status, you can file for legal separation until the residency requirements are fulfilled. Our attorneys will help you with this process.

Divorce Costs

These court-related costs are effective in Los Angeles County as of July 1, 2012:

  • $435 — First Petition

  • $435 — Response to Petition

  • $738 — Child Custody Evaluation — Solution Focused

  • Varies — child custody evaluation — full evaluation

At Shulman Family Law Group, we treat each of our clients with care and professionalism. Please call us today at 800-230-1770 and we will schedule a phone consultation or an in-person meeting with one of our knowledgeable attorneys.

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