Is A Professional Education Earned During Marriage Considered Community Property?
Is A Professional Education Earned During Marriage Considered Community Property?
All property acquired during marriage and before separation, with some exceptions, is presumptively community property. A professional education obtained during marriage, even if it is paid with community funds, is not community property, and is therefore not valuable at the division of assets. One spouse does not acquire an interest in the other spouses education and the proceeds by contributing to the education. A professional education is technically only the…
Read MoreAl and Tipper Gore Separate, Divorce Likely – California Family Code Section 2310-2313, 3020-3032
MSNBC recently reported that former Vice President Al Gore and his wife, Tipper Gore, separated after 40 years of marriage. The Gores grew apart during Al Gore’s time spent on the road in his worldwide campaign to draw attention to climate change, which in 2007 led to a Nobel Peace Prize and an Oscar for the documentary "An Inconvenient Truth." It is reported that no affair was involved, however they…
Read MoreSan Diego Contested Versus Uncontested Divorce
There are two general types of divorces – uncontested divorces and contested divorces. In an uncontested divorce, an agreement is reached by both spouses as to all aspects of the divorce. The spouses agree on matters like how to divide their assets, how to divide child custody, who will pay child support and how much will be paid, and who will pay alimony as well as the amount of the…
Read MoreDivorce For “Runaway Mom”
News 5 WLWT reported on the divorce papers filed this month by David Tehan in Xenia, Ohio. Tehan is the current husband of Tiffany Tehan. Tiffany Tehan was recently in the news for her disappearance in April of this year. Tiffany Tehan and her boyfriend, Tre Hutcherson, ran away to Florida on April 17, 2010. Hutcherson and Tehan left her vehicle at a parking lot with slashed tires which led…
Read More“Buffy the Vampire Slayer” star Emma Caulfield wants a divorce
It was recently reported in that actress Emma Caulfield is seeking a divorce from long time husband Cornelius Grobbelaar. Caulfield wants a divorce after the couple was married for almost four years. Caulfield began the divorce process by filing necessary divorce documents in the Los Angeles Superior Court citing "irreconcilable differences." Under California Family Code section 2330, it defines the process of seeking dissolution of marriage. Like what Caulfield did,…
Read MoreNBA Star Dwayne Wade Asks For Sole Custody of 2 Sons in Divorce Trial
It was recently reported that NBA star Dwayne Wade asked a court to grant him sole custody of his two young sons, adding to the contentious divorce and child custody proceedings with his estranged wife, Siohvaughn. The Miami Heat guard also asked that Siohvaughn undergo a psychiatric evaluation. The couple have two boys, ages 8 and 2. They married in 2005 and separated in 2007. In divorce proceedings, Siohvaughn alleged…
Read MoreWhat You Need To Know About Prenuptial Agreements in California
Are you thinking about getting married but are having second thoughts after seeing so many of your friends and family go through horrible divorce proceedings? If so, you are not alone. Most people know or have heard of people who have lost half or more of their fortune as a result of a divorce. The reason for this is California’s community property laws, which state that whatever is acquired during…
Read MoreCan my U.S. Passport application be denied for unpaid Child Support Arrears?
OCSE requirements can be unreasonable and seem impossible; get legal help today. If you were ordered by a court to pay child support, and you are now in arrears, it is likely that your request for a U.S. Passport will be denied by the U.S. Department of State. States submit child support cases with past-due amounts to the Office of Child Support Enforcement (OCSE), which in turn places the name…
Read MoreWhat To Do If Your Spouse Refuses To Pay Child Support
If you have a court order where the other parent is ordered to pay you child support and he or she fails to pay the support, you have enforcement remedies available to you. You can file for contempt of court for child support enforcement. A contempt proceeding is classified as quasi-criminal in nature, meaning that the obligor citee, the spouse who is not paying child support, has some of the…
Read MoreWhat Can I Do if I Have an Order for Child Support but the Other Party No Longer Has a Job?
If a party was ordered to pay child/spousal support and they lose their job, the court can help with child support enforcement by making orders requiring a parent to participate in job training, vocational rehabilitation and work placement programs at regular intervals and durations specified by the court, and to provide documentation of participation in the programs. In addition, the court can require the unemployed parent that defaulted on their…
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