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The Definite Guide to Legal Divorce Forms

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Check How to Enter the Legal Divorce Forms

Hey everybody! Its Andy and welcome again to my office in Los Altos, California. I'm.an attorney licensed to practice law in.California as well as New York. In this.video, uh, I'm going to go over five.questions that I would be prepared to.answer if I was getting a divorce..So if you are trying to get a divorce, if.you're looking to hire a divorce.attorney, these would be five questions I.would say your, you know, the lawyers that you're interviewing, for example, would.want to ask you. So if you're talking to.a bunch of divorce attorneys, for example,.trying to decide which one to hire, .if you have the answer to these five.questions hopefully, you know, it'll make.the hiring process easier. You'll stand.out as a client who is, you know, more.prepared, for example. So hopefully that's.going to be helpful for you. So anyway.all of that said then, let's go ahead and.get started. Number one is if you're.trying to do a divorce in California,.you're talking to divorce attorneys, one.thing that you should be prepared to, you.know, you should be prepared to disclose.is what your date of marriage is. So when.I say date of marriage, I don't mean like.when you had your wedding reception with,.you know, your friends and your family.the wedding cake, etc. I don't mean the.church service either, if you had a.church service. What I basically mean is.the date upon which the legal paperwork.was signed, so the marriage license, marriage.certificate, you know, if you went to the.justice of the peace, if you went to the.courthouse to get married, whatever. So.whatever date the legal part, I guess, of.the marriage happened, not the.celebratory part with the church, the.wedding reception. Not that part. The.legal part were all the paperwork was.signed. The date of marriage basically is.going to be those dates when the.paperwork was signed. So that's number one the date of marriage. You should be prepared.to disclose that. You should know it..Number two is going to be the date of.separation. So the date of marriage is.important because that's the date upon.which community property rights in.California begin. The date of separation is.important because that's the date upon.which community property rights in.California end. So the date of separation,.you can look it up, the definition is in.California Family Code section 70. 7-0.which I'll try to write down over here.somehow. But I'm gonna go ahead and link section 70 down below as well. The basic.idea is going to be, you know, that the.date of separation is the date upon which.one of the parties determines that the.relationship was over. You know, there is,.unfortunately, no hard and fast criteria..There's no definite criteria to say 'yes.this is definitely the date of separation'.or 'no this isn't.' Well I'm not sure if this.is a Silicon Valley specific thing, but.in the San Jose, San Francisco.sort of Bay Area, date .of separation, rather is what I was.trying to say, date of separation often.times is fought over because, as I said.earlier, date of separation is when the.community property rights end. So let's.say, for instance, that the scenario or.the facts are such that if the date of.separation was August 1st, let's say,.the wife - I'll just use the wife in my.scenario - the wife gets a lot more.community property than if the date of.separation was March 1st, for instance. So based on the date of separation,you.know, one spouse might get more or less.community property. So if the spouse is.going to get more by arguing that the.date of separation is later, they're.probably going to try and do that. So, um,.yeah. Anyway so that's number two, date.of separation. Number three is whether or not you have.any minor children with the other spouse..So that, I mean some of you might be.wondering, 'okay well yeah that's obvious..Yes I do have minor kids with them' or 'no.I don't.' The reason why this is important.is because if you have minor children.with the other party. Minor children.being age 18 or, or less. If you have.minor children with the other party that.means that your divorce case has to go.over parentage possibly, it has to go.over child support, child custody,.visitation..I guess, well, this is my kind of rule of.thumb, if a case has minor children in it,.if everything else is equal, that case.will be a lot more difficult, a lot more.complicated possibly, than a case where.there are no minor children. Again.everything else being equal. So minor.children in a case basically add more.complexity to a case. A divorce lawyer.probably is going to want.know that in order to kind of evaluate.your case completely. So that's number.three, do you have any minor kids with.the other party. Number four I would say.is a combination of work, like your work.experience and education. So, for instance, if you have been a housewife for the.last 25 years, I think your divorce.lawyer is going to want to know that.because that will be relevant to alimony,.let's say, spousal support. If you have.worked constantly like, you know, if.you've been employed steadily for the.last thirty years and you're the VP of a.company or you are the founder of this.company and you have all this stock and.you have all this wealth, your lawyer is.going to want to know that also because.again it's relevant for stuff like.spousal support. Kind of.on the education front, if you have.a PhD, for example, in physics and you've.been employed for years and years, you.know, in terms of alimony, like you're not.going to need help to go back to school.to learn new skills. Based on your.educational background you should,.hopefully, be able to support yourself. On.the flip side, let's say that you.basically have been a housewife - I'll.pick on housewives for a moment - uh, lets.say that you've been a housewife for the.last 25 years and you became a.housewife because you dropped out of.high school when you were 15 and,.you know, you got married when you were.16 and, you know, that's basically the.last time you went to school. So if you.have, like if that's what happened to you, and.now that you're say 45, 50 years old,.you have to go back to school and.re-learn, you know, social social studies, algebra,.that kind of thing, that's going to be.relevant for spousal support also, let's.say. So your work history and your.education history, that's gonna be number.four on my list and, yeah, so that's going to be something that if I was interviewing.a prospective client, that's what I would.want to know. The last part number five,.the last question number five is going to be like it's not a simple yes/no sort of.question but it's going to be something.hopefully that the prospective client.would be willing to, er, would be able to.kind of describe in general. Because.California is a community property state,.that basically means that they're, like.in any divorce, there's going.to be some amount of assets - debts as.well - assets and debts that have to get.divided. So in order to divide it, however,.you know, the divorce lawyers have to go.and determine what, what has to get.divided - like in order to divide, you have.to know what you're dividing. If you do,.like if the, if the, if the prospective.client rather, if the prospective client.has no clue at all about any assets that.they and their spouse own together, let's.say that this, this wife let's say - I'll.pick on wives - let's say that this wife.was completely clueless about the.finances, the husband handled everything..If the wife cannot tell me like, you know,.a rough idea of what, you know, what the.community's assets and debts were,.that's going to make my job a lot more.difficult because I have to basically.start from scratch. On the other hand, if.the wife can basically give me really.specific info to say 'oh, yeah, hey, you.know, my husband has a 401k, an IRA. He.owns this house in Aspen. I own a house.in Hawaii and, you know, this is, this is.where we keep all our money..These are the account numbers and this.stuff I had from before I was married..This stuff, you know, he had from before.we were married. If the prospective.client can give that much detail,.fantastic. That makes my job easier. It.makes the whole process more smooth. So those are the, basically the five,.questions that I have, you know, I thought.of and came up with, you know, for this.video. Number one, the date of marriage..Number two, the data separation. Number.three, whether or not you have any minor.children with the other spouse, like with.the other party in the case. Number four,.you know, education history, your.education history, your work history, and.number five, some description of the.assets and debts that you and your.spouse have together. If you can answer,.like those are the questions I think you.need to answer or be prepared to answer.when you talk to any divorce lawyer. Um,.if you can answer these five questions,.you know, that's going to hopefully make,.make you stand out, I guess, as a.prospective client. Hopefully make it so.that you get a divorce lawyer sooner.rather than later. Yeah so if, these.are just my five questions. If you are, if.you're a divorce lawyer yourself, .you know, for. If you are a divorce.lawyer yourself is what I meant to say..If you're a divorce lawyer yourself and.you have a different set of five.questions, go ahead and leave me those in.a comment down below. If you are, you know, if you've been through a divorce.yourself and you have other questions.that, you know, you would have included on.my list, I guess, if you were to make it,.go ahead and leave me those down below.also, but yeah. So anyway, these five questions, like I.said, are the ones that I came up with.for, you know, prospective clients in a.divorce because these five questions, I.think, the answers will come up in the.divorce case in one way shape or for. If you're going to go through the.divorce process it's beneficial to kind.of, you know, think of the answers right.now so that you're prepared when the, when.you actually need to, you know, disclose.those. So yeah. Hopefully that made sense..Again these are just my five questions..Go ahead and leave me a comment down.below if you have other questions that.you would have included on this list or.if you have questions, er, sorry,.if any of the questions rather that I.have on here you would not have included, etc, etc. Go ahead and leave me a.comment down below and tell me what you think. So again, hopefully that helps. Go.ahead and comment, share, like, subscribe,.etc, etc, and I will talk to you guys next.time..Thanks..

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Legal Divorce Forms FAQs

Check the below common queries about Legal Divorce Forms . Communicate with directly if you still have other queries.

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How easy is it to change your name?

As my bio says I’ve been practicing law for over 30 years. Formerly, it was a lot easier to change your name. Now it’s a bit harder. You’re going to need to file a petition with a court (and pay a $252 filing fee in Houston, Harris County, Texas.) You need a criminal background check and finger prints from Texas Department of Public Safety. See Texas Family Code Chapter 45. Now, a little practical advice. Most of the time, the legal change of name is not required. You can call yourself whatever you want. If you think about it most people get married and simply change their name on various documents. (Marriage nor divorce automatically change your name.) It is the rare case where you actually need a certificate of name change. So, if you want to go by a particular last name probably 80 to 90 percent of the time most people will allow you to use whatever name you like.

Why wont my husband divorce me even though he left me and our son, lives with his girlfriend of 3 years and they have a new baby?

I am not an attorney, but what my experience tells me is that he will have to divulge to you all of his assets and income - he doesn’t want to do that because he will most likely have to give you more money than he is now. GET AN ATTORNEY PLEASE. Best Wishes!

How did your marriage end?

I am going to post from a different perspective. While rest of the answers talks about, how other person was at fault. In my case, I fucked up.. Fucked up bad. Before going into “how”. I will respond on “what”. What ended my marriage. In one word: Porn. It started at porn, but the end was because of my infidelity. Ours was a love marriage. Marriage for which I fought very hard with mine and her parents. Things were great. There was a period of time, when we were in a long distance relationship. That was the time, I turned up to porn. I enjoyed it. I masturbated to porn first thing in morning and l Continue Reading

What mistakes do single mothers (unmarried, separated, divorced & widowed) need to avoid?

No actual experience with this, but I've heard it can happen. A man befriends their son (or daughter) taking them to ball games, movies and appears to be a “father figure” for the child. Any beleaguered working mother would welcome the attention he gives. Unfortunately it is sometimes a ploy for pedophiles to gain access to a vulnerable child. Even family members can be suspect. Surely there are innocent, well meaning adults who try to enrich a kid's life and give Mom a break. But these predators exist, don't trust just anyone.

Have you ever had to deal with a ridiculous policy at a doctor's office?

Yes I have - and it involved me threatening to prosecute the doctor’s office for fraud. Now before I start, I had great experiences with doctors, nurses, technicians and any other caregivers down in the US - I had lots of issues with their administrative staff, billing department and so on. So I had good insurance while in the US, but a small copay of, I think, $6.25, for each visit. I saw the doctor, then went away on a 10-day vacation. I came home to find not one, but two letters from the doctor’s office. The first is that my bill for $6.25 is due, and then another letter that my bill is past Continue Reading

Is it legal and ethical to fill out HR-related forms on company time?

I think it's perfectly ethical to complete work-related paperwork in work time. That said, some high-pressure jobs resent you taking time to go to the bathroom let alone fill out HR papers. I had a job like that once. It sucked. My current employer is much more humane.

As an employer, what legal and tax forms am I required to have a new employee to fill out?

I-9, W-4, state W-4, and some sort of state new hire form. The New hire form is for dead beat parents. Don’t inform the state in time and guess what? You become personally liable for what should have been garnished from their wages. From the sound of your question I infer that you are trying to make this a DIY project. DO NOT. There are just too many things that you can F up. Seek yea a CPA or at least a payroll service YESTERDAY.

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