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Posted on 10/18/17 at 3:03 pm to spslayto
Ok, I get the community property advantage/disadvantage, are there any other issues that timing will affect?
and thanks for the feedback
and thanks for the feedback
Posted on 10/18/17 at 3:07 pm to Evil Little Thing
thanks ELT
Posted on 10/18/17 at 3:07 pm to PlatinumAlloy
quote:
Depends how long you have been separate and apart. If you just split, you can file now and wait the 12 months. (Civil Code article 102 divorce) If you have been split 10 months, wait 2 more months and file. You can get it all done at once. (Civil Code article 103 divorce) The main thing about filing that "separation" or "Petition for Divorce" is that is when the community property ceases to exist.
This is all good information. There is one more option though. If you have been split 10 months you don't have to wait two months then file a 103. You can go ahead and file a 102 to terminate the community property regime, then amend to a 103 after your two months is up and boom you're done. It's the same if you've been separated three months, nine months whatever.
However, none of this deals with the ancillary matters of child support, spousal support, and the split of the community property that you already have.
Posted on 10/18/17 at 3:12 pm to PlatinumAlloy
I don’t have kids, so I can’t give any anecdotal advice related to custody, etc. A friend of mine had an amicable divorce without an attorney, and they worked out custody & support without getting the court involved. My boyfriend & his ex have a child, and have gone through lawyers to have the custody implementation plan detailed down to the hour. It’s nuts. But they can’t resolve anything amicably, so it had to be that way.
I’m not aware of anything else being affected by timing, apart from community property. Just keep excellent records of everything you spend on any joint property (if you’re paying the mortgage while she lives there during separation, etc) or for the children in case she decides to lawyer up and file for temporary spousal support or anything.
I’m not aware of anything else being affected by timing, apart from community property. Just keep excellent records of everything you spend on any joint property (if you’re paying the mortgage while she lives there during separation, etc) or for the children in case she decides to lawyer up and file for temporary spousal support or anything.
Posted on 10/18/17 at 10:17 pm to Cosmo
Oh no, women are amazing and wonderful! Just trust what they tell you!
Signed the OT...the idiots that haven't got fricked over yet because their wives are amazing and would never do that!
Signed the OT...the idiots that haven't got fricked over yet because their wives are amazing and would never do that!
Posted on 10/18/17 at 10:48 pm to rpr4695
quote:
Posted on 10/18/17 at 11:56 pm to spslayto
quote:
The main thing about filing that "separation" or "Petition for Divorce" is that is when the community property ceases to exist.
What happens to the community property when the husband takes money from their business account, leaves and files for divorce, and then uses the money to keep earning money in the same fashion they did as a married couple? Can it be argued the profits are then split when the property partition takes place?
Posted on 10/19/17 at 12:31 am to Evil Little Thing
quote:Boy her atty is gonna love that.
They have another section with forms you can use as a guide if you’re planning to DIY.
Posted on 10/19/17 at 1:28 am to PlatinumAlloy
quote:
are there any other issues that timing will affect?
It determines the join date for your individual facebook page.
Not really. You've gotten some good info in this thread. The community property regime will terminate retroactive to the filing of your petition. That and the specifics regarding your living separate and apart are the main, determining factors.
Remember, your living separate and apart has to be for the intent of terminating the marriage...not taking a little timeout, working in a different city, etc.
Posted on 10/19/17 at 1:28 am to Ambassador
quote:
What happens to the community property when the husband takes money from their business account, leaves and files for divorce, and then uses the money to keep earning money in the same fashion they did as a married couple? Can it be argued the profits are then split when the property partition takes place?
no matter what the "misdeeds" are, once it gets into court the weak link is the judge, the prevalent thing is political clout of the attorney, "justice" can only be found in the dictionary
This post was edited on 10/19/17 at 1:38 am
Posted on 10/19/17 at 1:48 am to PlatinumAlloy
I’m shocked no one posted this...
This post was edited on 10/19/17 at 3:34 am
Posted on 10/19/17 at 1:51 am to toddzilla
old, sad, but true
Posted on 10/19/17 at 7:42 am to PlatinumAlloy
You need to get a lawyer ASAP and like someone else mentioned you're going to want to freeze that community property yesterday.
Posted on 10/19/17 at 10:59 am to DavidTheGnome
I'm not necessarily disagreeing with any particular statement, but it's interesting the assumptions that are made given almost no details.
Posted on 10/19/17 at 2:59 pm to PlatinumAlloy
Here's what happens...
This post was edited on 9/10/19 at 1:53 pm
Posted on 10/19/17 at 4:04 pm to PlatinumAlloy
quote:
If both parties agree on the terms, at what point should they file the divorce decree? Beginning, middle or end of separation?
I was told you could not file the decree until after the 1 year separation.
My shite was filed EXACTLY one year to the day the Initial Separation decree was filed.
Posted on 10/19/17 at 4:12 pm to voice0fr3ason
quote:
Here's what happens...you have an emotional affair with someone in year 9 because your wife has been emotionally detached most of her life due to various reasons that had nothing to do with you to begin with (still wrong on my part). For the most part you were a good husband that cleaned the house faithfully, did dishes, laundry, and whatever else to help out on a regular basis from day one. Never laid a hand on her, had sex with another woman, or drank. You reconcile and she doesn't agree to go to counseling because she says it doesn't work so you go alone instead to work out your own problems. You ultimately file for divorce (devastating) to protect her from perjuring herself (and you) by backdating the papers saying you lived separate and apart for a year already since she was going to try and file first. She then moves out, leaving you with her children and your own together, and starts a new relationship. She also changes her name everywhere she can and erases you from her memory by moving out everything of hers in the house. You then have to temporarily live somewhere else every other 7 days (taking turns with her even after she moved out) to not disturb the kids even though you have no family in the state and no money to do so. Then you go to court twice and nothing changes. Then you finally settle out of court by taking all credit card debt, paying her an 'equalization sum', split custody of the youngest child 50/50 and still have to pay child support. Then on the 366th day I can (or she can) file for the final judgment and be done with it for good. Win, win. On a really important side note, had it not been for my church family, and my relationship with God, I wouldn't have made it through any of it.
Posted on 10/19/17 at 4:19 pm to PlatinumAlloy
lawyer up brah
This post was edited on 10/19/17 at 4:20 pm
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