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Bamieh Erickson Law – Southern California

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Does Cheating on Your Spouse Break a Prenupti...

Does Cheating on Your Spouse Break a Prenupti...

Many couples use prenuptial agreements for many different reasons.  These agreements could be used to make sure that you leave the marriage with your individual property intact or to make sure you keep ownership of your investments or business interests.  One other common use of prenuptial agreements is to punish cheating with “infidelity clauses.”  The Ventura divorce lawyers at the Law Offices of Bamieh and De Smeth explain when cheating violates a prenuptial agreement and what this might mean for your divorce case. When Does Cheating Violate a Prenup in California? For cheating to violate your prenuptial agreement, you must have a valid prenuptial agreement and you must have a valid infidelity clause in the agreement.  Since all divorces are no-fault divorces in California, there are typically no penalties for adultery in a regular divorce case.  Instead, it is up to the couple and their pre-arranged agreements to determine whether cheating should be punished as a violation.  Typically, this punishment comes from an infidelity clause built into a prenuptial agreement. A prenuptial agreement is a formal contract that you and your spouse enter into before getting married.  This agreement is typically used to plan out asset division in case of a divorce.  In many prenups, a wealthy spouse will establish clearly what assets they brought to the marriage since all shared property acquired after the marriage is split 50/50 during a divorce.  By clearly setting boundaries on what property is “individual property” and what property is “community property,” wealthy spouses can protect their assets from asset division.  Prenups may also set out different property divisions other than 50/50, potentially...
How Long Do You Have to Be Separated in Calif...

How Long Do You Have to Be Separated in Calif...

In many states, lawmakers set limits on who can get divorced and when you can file for divorce.  In those states, many couples choose to go through a trial separation period before getting divorced.  In California, there is a waiting period to ensure that no one enters into a divorce rashly and that they have the time to reconsider their options and think through the divorce.  For many couples, this is a period of separation, but that is not necessary.  The Ventura divorce lawyers at the Law Offices of Bamieh and De Smeth discuss the 6-month waiting period in California divorce cases and how long you must be separated before you can get divorced in CA. Does California have a Required Separation Period Before Divorce? Many states have “no-fault” divorce options.  In these states, there may be options to get divorced without claiming adultery or abuse, but the law requires you to live “separately and apart” for a period of time before the court will grant your divorce.  Some states require a 2-year legal separation period before filing, while other states require an even longer period.  In some states with a waiting period, you can file for divorce as soon as you want, but the court will require you to live out the waiting period separately before they can grant the divorce. In California, there is no required separation period before you can get divorced.  That means that you and your spouse are able to decide you want to get a divorce and, on the same day, file for divorce.  There is no requirement that you and your spouse...
Can My Husband Stop Paying the Mortgage Durin...

Can My Husband Stop Paying the Mortgage Durin...

When you’re in the middle of a divorce case, a lot of things in your life can seem up in the air.  The question of where you will live and what will happen to your house is generally one of the biggest concerns people face.  If you will be living apart, finding a new place to call home and moving out of your marital home can be stressful during a divorce case.  However, if you will be leaving your house, should you keep paying the mortgage?  What if your husband stops paying the mortgage on your house during the divorce?  The Ventura divorce lawyers at the Law Offices of Bamieh and De Smeth discuss some of the issues around divorcing with a mortgage and what you can do to protect your property rights and payments.  For help with your case, contact our law offices for a free legal consultation. Will I Lose My House During Divorce in California? If you and your spouse jointly own your house, it will be one of the main assets you work to fairly divide during your California divorce case.  Usually, it is impossible for each of you to keep half the house.  Instead, many couples will actually sell their house and split the profits.  This is the simplest way to divide your property, but it is not an option for every couple. Instead, one spouse might buy out the other.  This could involve paying them for half of the equity in the property and assuming the mortgage by themselves instead of sharing the cost of payments or using joint funds to pay the...
How Does a Wife Get Alimony in California?...

How Does a Wife Get Alimony in California?...

Spousal support – a.k.a. “alimony” – is traditionally paid to wives after a divorce to give them ongoing financial support.  This practice is something that was more commonplace in the past when families primarily had one spouse who worked and one who stayed home to care for the household or worked as a stay-at-home mom.  In many couples with two sources of income and high levels of education for both spouses, alimony is becoming less prevalent.  Our Ventura alimony lawyers at the Law Offices of Bamieh and De Smeth explain how a wife can get alimony in California and what factors the court looks at when making alimony decisions. When is Alimony Granted in California? California courts typically grant alimony only in cases where they can determine that alimony is necessary.  The goal of alimony is to give a spouse ongoing financial support after the marriage.  If a spouse has to choose either staying in a bad marriage where she has financial support and comfort or getting a divorce and losing that comfort, most people would choose to stay married.  Alimony allows many people to get divorced and end abusive or unhappy marriages by giving them a guarantee of ongoing support afterward.  But how do you know if you qualify for alimony? Courts typically grant alimony to spouses who can demonstrate they need it.  Alimony is typically granted in the following situations, but it can be granted in other cases as well: If you have a disability or health concern that makes it hard to support yourself, courts will typically order your spouse to support you after a divorce....
What Qualifies You for Alimony in California?...

What Qualifies You for Alimony in California?...

In California, spousal support (also known as “alimony”) is used to help spouses continue to get the financial support they need after a divorce.  If you are seeking a divorce and think that you might need ongoing financial support after the divorce is finalized – or during the divorce process – you might qualify for alimony.  Our Ventura alimony lawyers discuss some of the factors a court looks at when deciding to grant alimony and how you might qualify for spousal support in California.  For help with your alimony claim, call our law offices today to set up a free legal consultation. Factors to Qualify for Spousal Support in California When you apply for alimony, the court will look at various factors to see if you should get alimony or not.  Spousal support is not guaranteed in California, and you need to demonstrate to the court that you need alimony before they will grant it to you. In most California divorce cases, courts aim to see that both spouses will be able to stand on their own financially, severing any economic link as well as ending the marriage.  This means that the court’s ideal situation is that both spouses will be able to get a job, pay for their own needs, and afford their own housing, support, and medical care without help from their ex-spouse.  There are many factors that get in the way of your ability to do this that may lead to alimony. If you have a medical problem that prevents you from working and supporting yourself, alimony will be more likely.  The court may be able...
Does a Cheating Spouse Get Alimony in Califor...

Does a Cheating Spouse Get Alimony in Califor...

After a divorce, many spouses claim alimony to help support them.  Especially if the marriage was very long or the spouse has increased medical costs from a disability or old age, the court may consider alimony necessary.  While some states may consider unfaithfulness in their alimony calculation, California is not likely to do so.  The Ventura divorce lawyers at the Law Offices of Bamieh and De Smeth explain how cheating factors into alimony in California and why the law does not typically consider adultery in spousal support cases. Does California Consider Adultery when Calculating Spousal Support? Spousal support, or “alimony,” is paid to support a spouse financially after a divorce.  In many states, courts consider a spouse’s fault in causing the divorce as a factor in the alimony decision.  In these states, the theory goes that if the spouse caused the divorce, they do not necessarily deserve alimony – or they should be punished by paying additional alimony.  In those states, a court will often consider things like abuse, adultery, or abandonment when calculating alimony. In California, all divorces are “no-fault” divorces.  Instead of looking at cheating or other mistakes that caused the divorce, the court looks only at the fact that the couple has “irreconcilable differences” that justify getting divorced.  Since the court does not look at fault at all, it does not look at fault in alimony decisions. Instead of looking at unfaithfulness or cheating, the court looks only at the hard financial factors in the case.  Primarily, this means looking at the spouse’s needs and abilities and determining how much alimony to award them – or...
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