California Divorce Guide: California Community Property


California Community Property
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Community vs. Separate Property
... Community vs. Separate Property Legal Center: Who Owns What COMMUNITY VS. SEPARATE PROPERTY by Aaron Dishon , Esq. California is one of nine states that embrace the law of community property. Community property is a theory of law in which the husband and ...
http://www.californiadivorce.info/legal.property.communityvsseparateproperty.htm

Community Property
... property may be the exception. Bio and more articles by Aaron Dishon Law Offices of Aaron Dishon Offices inOrange County, California Make an appointment now! Name Email Phone Number *include area code Alternate Phone *include area code Is it okay to leave a ...
http://www.californiadivorce.info/legal.property.communitypropertygeneral.htm

How Your Property and Debts are Divided during Divorce
... for a court to require parties to continue to hold assets together once they have completed a divorce. As to separate property, California courts may not award any portion of one spouse's solely owned separate property to the other spouse unless both parties request ...
http://www.californiadivorce.info/legal.property.dividingassetsanddebts.htm


Today's Article from the Divorce Library

MODIFICATION OF SPOUSAL SUPPORT
by Aaron Dishon, Esq.

Spousal support awards and agreements are modifiable throughout the support period except as otherwise provided by agreement of the parties. 

However, unlike child support, the court's continuing power to modify spousal support is dependent on the terms of the court's order. Unless jurisdiction to award support has been reserved,post-judgment spousal support is limited by the stated duration of the order.

Once the Court has "terminated its jurisdiction" over the issue of spousal support, the supported spouse will generally not be able to return to court and seek to extend spousal support.

However, if there is a step-down spousal support order that provides that spousal support will terminate on a certain date absent the party petitioning the court prior, it is possible for the supported spouse to seek that the court further extend support as long as the supported spouse files their request prior to the termination date.

In marriages of less than ten years, the statute provides a presumption that support should be granted for half the length of the marriage. As a practical matter, in the late 1990s it appears that spousal support duration is linked to a transition period from married life to single life. The circumstances vary from person-to-person, but the courts tend to disfavor "lifetime support." Thus, even in a marriage of long duration it is generally possible that the court will terminate spousal support after a "reasonable period of time."

The court will often issue a "Gavron Warning" which provides that the supported spouse must make reasonable efforts to become self-supporting within a reasonable period of time and that failure to do so may be a grounds for terminating support.

A "Family support" order may be modified to separate orders for child and spousal support where there has been a change of circumstances justifying increased child support. If you live in Southern California, and would like advice about california community property or other family law or estate planning issues, please setup an initial divorce consultation today.

Would you like to know more about california community property? The attorneys of the Law Offices Of Aaron Dishon, in Irvine, California are experienced professionals that will guide you through the divorce process and help you get the results you deserve. Mr. Dishon is a Certified Family Law Specialist.

 

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