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Option 4 – CONTESTED DIVORCE – You and your spouse do not agree on everything
This situation is called “contested” because: Your spouse or domestic partner filed a response, AND The 2 of you do NOT have a written agreement about your divorce or legal separation, dividing your property and debt, child custody and visitation, and support issues....
Option 3 – UNCONTESTED DIVORCE – You and your spouse agree on everything
This situation is called “uncontested” because: Your spouse or domestic partner filed a response to your summons and petition; AND The 2 of you have a written agreement about your divorce or separation, dividing your property and debt, child custody and visitation,...
Option 2 – DEFAULT CASE – Your spouse did not respond but you have a written agreement on all issues
This situation is called a “default with agreement” because more than 30 days have passed since you served the petition and summons, and: Your spouse or domestic partner did NOT file a response (so he or she “defaulted”); AND The 2 of you have a written agreement...
Option 1 – TRUE DEFAULT – Your spouse didn’t respond to your filing
Option 1 – TRUE DEFAULT – Your spouse didn’t respond to your filing at all Your spouse has 30 days to respond to service of your Petition for Dissolution If s/he does not respond in a timely manner, you are eligible to request the Court enter a default. Again, 30...
Divorce Preparation – Part 3: Download these forms, file them with the court, and have them served to your spouse
Download these forms, file them with the court, and have them served to your spouse Forms to begin the process in California Petition – Marriage/Domestic Partnership (Form FL-100) Summons (Form FL-110) If you have children – Declaration Under Uniform Child Custody...
Divorce Preparation – Part 2: Collect these documents
Collect these documents to prepare your forms These documents are the basis for the financial disclosure divorce filings: Individual income tax returns from the past three to five years (federal and state) Any business income tax returns from the past three to five...
Divorce Preparation – Part 1: Can you get divorced in California
What’s your situation? Can you get divorced in California?> Residency Requirement In order to get divorced in Contra Costa County: You must have lived in California for at least 6 months, and You must have lived in Contra Costa County for at least 3 months. If you...
Attention Business Owners – IRS Issues 199A Proposed Regulations
On August 8, 2018, the IRS issued proposed regulations for the new Section 199A. 199A allows many sole proprietorships, partnerships, trusts, and S corporations to deduct 20% of their qualified business income. Qualified business income includes domestic income from...
When Is Your Trust Taxable in California?
Generally, a trust is taxable in California if a fiduciary or beneficiary (other than a contingent beneficiary) is a resident of California under California Revenue and Taxation Code 17742. This is true even if the original settlor was not a resident of...
What is Probate and What Does It Entail?
Probate is the process of transferring assets from a decedent to an heir. For those who die in California with assets over $150,000 and without a trust, or perhaps with an improperly funded trust, the only way to transfer title from a decedent to a...
California Irrevocable Trusts
Irrevocable trusts can help to provide long-term asset management. Although irrevocable trusts are not suitable for everyone, they can be an important estate planning tool for some. While irrevocable trusts are by title inflexible, some states, including...
Realistic Expectations of the Time Frame of the Court
Per California law, the time-period between filing for a divorce and finalizing it can be no less than six months and one day. Divorcing couples are often surprised to learn that due to a full and complex court system, divorces can take several months or...
