Divorce Steps Step One:
Determine if you qualify for a summary divorce.
Step Two:
If you do not qualify for a summary divorce but agree with your spouse on all issues, follow the steps for an uncontested divorce.
Step Three:
If you are unable to come to an agreement, contact an attorney.
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Parties May Agree by Stipulation
A stipulation is an agreement of both parties that is submitted to the court either before a hearing or on the record during the hearing. To stipulate to child support a Stipulation to Establish or Modify Child Support and Order – FL-350 must be submitted to the court. If the stipulation occurs before the hearing it is drafted as a pleading, signed by both spouses, and submitted to the court.
Ex Parte Motion
An ex parte motion provides quicker relief and avoids some notice requirements of an Order to Show Cause or Noticed Motion. Temporary restraining order may be had without notice to the other party but all other orders require notice unless the petition or declaration show that “great or irreparable injury” would otherwise result to the applicant before the matter can be heard on notice.
Order to Show Cause
To obtain an order with an Order to Show Cause the party seeking the order must complete Order to Show Cause - FL-300 which is delivered to the judge’s department for signature and to obtain a hearing. The party seeking the order then serves the other party with a copy other required papers. Service by mail is permitted if the other party has “made an appearance” in the matter but can also be done through personal service in accordance with California law.
Notice of Motion
Notice of Motion - FL-301 – is used to request this variety of order. Once filed, the next step is usually to phone the clerk to obtain a hearing and mail all required service documents.
Application for Order and Supporting Declaration – FL-310
The party indicates what orders are requested and details facts supporting the request. Draft with care! In an ex parte motion the court may draft relief upon what is stated in the declaration and other filed documents.
For financial issues an Income and Expense Declaration – FL-150 is filed and served with the moving papers along with a blank FL-150 and FL-320.
*For temporary protective orders, domestic violence forms must be used.
Order After Hearing
Once the judge has ruled on the matter an order form(s) must be submitted to the court along with a copy sent to the other party. The relevant forms for cases other than domestic violence
Non-custodial spouses are required by law to pay child support according to the order or judgment issued by the court. For assistance with child support enforcement, contact your local child support agency. Unpaid and overdue child support are required to be paid with interest. Failure to pay child support can result in a variety of civil and potentially criminal penalties.
Child Support California
The system for financially providing for children is known colloquially as Child Support California. Both parents are required by law to provide for their children, regardless of marital status. The laws regulating child support in California permit the court to order that either parent or both provide regular support for living and medical expenses.
Once the court has ordered child support, the parent must comply by following the order. The order may sometimes be enforced through income withholding which ensures that wages paid from an employer are designated for compliance with the court order.
Modification of Child Support California
Child support may be modified through petitioning the court. In order for the court to grant such as petition, the petitioner must show a material change in circumstances, such as a job loss or other reason warranting a reduction or increase in child support.
Criticism of Child Support California
Child Support California has come under attack for being unfair to non-custodial spouses who believe child support is used to support the other parent instead of the child. The problem lies in the court’s . . . → Read More: Child Support California
Under California’s community property laws, a divorced spouse may be responsible for the former spouse’s debts. According to California law all debts incurred by either spouse during marriage are usually considered community property. After divorce, creditors can recover against either spouse for community property debts. Creditors can also seek to recover against “formerly community property” that was assigned to you in your divorce judgment.
Your legal obligations to satisfy community debts does not end once your former spouse files for bankruptcy. After your former spouse files for bankruptcy, creditors may seek from you repayment of debts even though the court assigned such debts to your former spouse.
Hiring an attorney can be quite expensive with costs varying on the complexity of the case. Sometimes the court will order one side to pay attorney fees for the other party. Fees are most commonly awarded because one spouse is unable to afford an attorney while the other spouse earns enough to help cover the costs.
A second common instance of the court awarding fees occurs when one party refuses to comply with a court order. If one party incurs costs as a result of the other party’s failure to follow the court order, then the court generally awards fees.
Courts award fees when one party does not act in good faith, called a monetary sanction by the court. The court will order a reasonable amount.
Request for fees are made through initial filing documents.
Three Typical Cases: Default, Uncontested, and Contested
A California divorce begins once a spouse files a “Petition” in the Superior Court for dissolution of the marriage. The Petition requests a dissolution of marriage along with other marital issues such as property division, debt division, child custody, child support, spousal support, payment of attorney fees and court costs, etc. Once the Petition is filed, the path to resolution of the divorce depends on Respondent’s action. The Respondent may
1) Not respond to the Petition
Default: The Respondent in the case does not file timely response to the petition for divorce or legal separation. The Respondent “defaults” and the case proceeds without the Respondent’s participation.
2) Settle the case; or,
Uncontested: Parties settle by way of agreement. The Respondent may or may not file a Response.
3) Respond but contest the divorce.
Contested: Response is filed and the case is resolved by a Judge.
Uncontested and Default Divorces: Step by Step
Informational purposes only!
Step 1: Decide Which Court:
The case must be filed in a court that has authority to . . . → Read More: Divorce Guide
All outlines are for educational purposes only.
CORPORATE TAXATION 2010 Formation of Corporation intro 351 SH do not recognize gain or loss on transfer of prop controlled (80) corp. new & old corps requirements one+ persons (indviduals corps, parts, etc) must transfer property to a corp; property – $, inventory, accounts receivable, patents, goodwill & industrial know-how the prop must be trasferred solely in exchange for stock of the transferee corp; and stock – not debt, not non-qualified preferred stock transferors must control; 80% of total combined voting power of all classes of stock entitled to vote and a least 80% of each class of nonvoting stock immediately after exchange no binding agreements that cause SH to lose control Stock for services OI on exchange of stock for services if transfer services and prop entire stock count toward control Basis exchanged basis if more than one group of stock, basis allocated by proportionally by FMV Prop transferred with built in loss limited to FMV if more than one prop transferred losses are netted with gains corp may elect to reduce SH basis in stock to amnt of loss allows corp to keep the basis higher than FMV SH basis formula: transferor’s basis in property transferred . . . → Read More: Corporate Taxation
Taxation of Property Transactions 2010 Gifts Exclusion transferred basis Discharge of Indebtedness Concellation of indebtedness income treated as receiving cash equal to the debt Nonrecourse v Recourse Insolvency Exception 108 cancelation of debt is excluded if discharge occurs in bankruptcy or T is insolvent total liabilities – total assets exceptions to exclusion original seller reduces debt on property Qualified Real Property Biz Indebtedness Must be used in ToB exclusion available only when loan > FMV Transfers During Marriage of Pursuant to Divorce 1041a no gain or loss b/t spouses or former spouses incident to divorce incident to divorce transfer w/i 1y or related to divorce Exclusion from Gain from Sale of Principal Residence Exclusion of 500k (250k if not joint) of gain Ownership applies if owned by trust 2 of 5 years if spouse died apply dead spouse time Use used as principal resident 2 of 5 y separate from ownership gain on deprecation from biz use not applied Once per 2 year limitation T cannot use more than once every 2 y; unless sale for employment, health, etc exclusion is only allowed to the lesser of the following: time since prior sale/2y; or time of own & . . . → Read More: Taxation of Property Transactions
ERISA Stat Structure title 1, 4 titles Part 1 – stat report and discl req for all ee bene plans Part 2 & 3 – min partic, vest, bene accrual and funding rules for pension plans Part 4 – fid rules Part 5 – enforce through civil lit & preemption 6&7 – health care plan rules title III DOL & DOT author to enforce I & II DOL – jur over reporting & discl, fid (transact), and Title I performed by the Ee Bene Security Adm (EBSA) – part of DOL DOT – pension plans & independent Code Welfare Plans Provide bene to ee: health, accident, disable, death, unee, sometimes severance: welfare if not contingent on ee’s retirement, payments not exceed 2x annual salary of ee, and pyemnts less than 2y after retire otherwise pension Non-ERISA Gov church plans solely comply with work comp, unee, or disab laws maintained outside US primarily for bene of nonres aliens unfunded excess bene plans participants only the part of a partnership solos (W) Payroll Practices excluded from ERISA paying out of er’s general assets for ee who are sick from work, vacation, jury, mil, ed sabbatical recreational, dining, first-aid, gifts, discounts, . . . → Read More: ERISA
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California Divorce FAQ Can I get divorced in California?
How much does a divorce cost in California?
How long does it take to get a divorce in California?
How to file for divorce in California?
Who gets alimony (spousal support)?
How do I get custody of my children?
How is property divided?
What are the necessary forms for divorce in California?
What is legal separation vs. divorce?
FAQ Link
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