Posts Tagged ‘Division of Property’

HEIDI MONTAG PLANS TO DIVORCE SPENCER PRATT

Tuesday, June 22nd, 2010

Heidi Montag has retained a Southern California divorce lawyer and plans to quickly terminate her marriage with husband, Spencer Pratt. Montag and Pratt, stars of MTV television show “The Hills,” have been married since April 25, 2009. Montag filed for legal separation on June 8, 2010.

Under California law, a legal separation is a court action that maintains the bond of marriage, but releases the spouses from the rights and responsibilities associated with marriage. Thus, though the spouses cannot legally marry another person while separated, any property that they acquire during separation is their separate property. Legal separation is commonly a prelude to formal marriage dissolution.

According to sources close to Montag and Pratt, they plan to file a divorce mediation. A divorce mediation is a faster and less costly alternative to typical divorce court proceedings. As compared to divorce court proceedings, where a judge rules on the issues, in a divorce mediation, a neutral family law expert fosters resolution of issues by mutual agreement. Since mediation encourages cooperation between parties, there is less need for costly litigation of divorce rights.

If you or someone you know is going through a legal separation or divorce, it is important to have a family law attorney who will defend your property distribution, child custody, and child and spousal support rights. The attorneys at Wallin & Klarich have over 30 years experience in family law. Call us today at (888) 280-6839 or visit us at our website at www.wkfamilylaw.com. We will be there when you call.

Porn Star wants Tiger Woods to Submit to Paternity Test – California Family Code Sections 7550 – 7558 and 7611

Friday, June 18th, 2010

TMZ recently reported that porn star Devon James, a.k.a. Melinda Jannette, has filed a paternity action against Tiger Woods. The alleged mistress filed in Manatee County, Florida, asking a judge to determine the paternity of Austin Brinling, her 9-year-old son. According to documents attached to the petition and obtained by TMZ, the legal action is [...]

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Court Rejects Child Support Deal for Dr. Conrad Murray – California Family Code Section 4050-4076

Friday, June 4th, 2010

The Associated Press recently reported that Dr. Conrad Murray, a doctor charged in the death of Michael Jackson, lost his bid to resolve a child support issue threatening his Nevada medical license. Murray requested relief from paying about $16,000 in back child support payments to the mother of his 12 year old son. Murray could [...]

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IS UNKNOWN CREDIT CARD DEBT INCLUDED AS COMMUNITY DEBT?

Wednesday, June 2nd, 2010

Once a couple marries, the parties are considered one party for purposes of debt. If one party assumes debt that the other party is unaware of, it is still considered community debt. Since it is community debt, both parties are responsible for such debt at the time of divorce. Even if the credit card debt [...]

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What Happens to the House during Divorce?

Friday, January 22nd, 2010

The community residence/home is typically the biggest community property asset to divide between divorcing couples. Should it be sold? Can one party afford to keep it and buy the other party out of his/her interest? These are just a couple of questions to be answered when going through a divorce action. In the past, when [...]

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Frank McCourt Claims He Has a Document Indicating that the Dodgers Franchise is His Separate Property

Friday, November 6th, 2009

Frank has indicated that he has paperwork signed by Jaime McCourt that indicates that he is the sole owner of the Dodgers and their holdings. Jaime has indicated that she will fight for what she believes is her share. Jaime has stated that the Dodgers and their holdings are community property and shall be divided [...]

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Property Division Factors in California

Monday, June 22nd, 2009

In California, according to a report, property and debt issues can be settled between parties by a signed Marital Settlement Agreement, or the property award is actually ordered and decreed by the Superior Court within the Final Judgment of Dissolution of Marriage. Since California is a “Community Property” state, all marital property will be divided [...]

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