California Divorce Lawyer
Q.I'm in California. 1/ I received an inheritance from my parent while married. We put it in a mutual fund in both our names. If we are getting a divorce, is the inheritance money separate property for me or considered community property? 2/ Also, how is the Separation Date determined in California? Is it the day you file the petition at the courthouse? Is it the day you decided to divorce from the spouse? 3/ When does Spousal Support begin after filing the petition in court? 4/ If it is an uncontested divorce and we are trying to do a marriage settlement agreement without having lawyers, how long does it take to get legally divorced? 5/ Is it good for both of us to go see divorce mediators? If so, do the divorce mediators file the petition with the court or do I? Do you know how much divorce mediators charge?
A.1/ It would be open to dispute. Separate property can become community property if it's commingled. Placing separate property in a joint account is one way of commingling it. But it doesn't automatically do so. If you didn't intend to transmute it into community property, and you can trace it back to your separate property, you could make a case that it's still separate property. 2/ In an example of bad English that is unsurprising in California law-speak, "The separation date occurs when either party does not intend to resume the marriage, and his or her actions 'bespeak the finality of the marital relationship.'" So the separation date can be slippery to nail down, especially when there are the sort of misunderstandings that arise in a marriage that's breaking down. 3/ Temporary spousal support can be ordered quickly. I believe it's called an Order to Show Cause. It's not uncommon. 4/Six months from the time the petition is served is the minimum. Could take longer, particularly if there are children involved or there's much property to appraise and negotiate over. 5/ Mediators are a good idea when you are unable or unwilling to discuss and negotiate matters reasonably one-on-one, but you don't feel ready to bring in lawyers. This is not a rare problem when one's marriage has broken down so badly that divorce looks like the answer. I'd get lawyers once it was time to do the petition, though.
Other Questions :
Customs Power Of Attorney
The situation is this. Mother has assets which the 4 sons are trying to protect from abuse of any sort. One of the sons assumes a durable power of attorney and closes the mother's checking and savings accounts and opens them in his name. Ths st...
Best Immigration Lawyer
I am desparate for any help and advice regarding the tourist visa to the USA. My family are due to go on a holiday to Florida on the 16th of this month but my husband has been declined a visa. He had a arrest and fine 14 years ago and the consu...
Florida Divorce Attorneys
I'm living in Florida. I have a divorce question. My wife and are currently going through a divorce. This came after just an 11 months marriage and living together for nearly 6 years. We share a daughter together. Recently, under the assumption my w...
Family Law Outline
I have used legal software in the past for basic stuff like leases, power of attorney, and sales and was very impressed with the ease, convenience and inexpensiveness of using them... I now find myself in a situation where I want to find some...
Criminal Law Outline
Outline nature of law of tort in UK which is British law.? Give a detailed outline of the nature of law of tort under UK (British law) and distinguish law of tort from criminal law and law of contract. Any help for me???The law of "tort" derives...