If you have been separated over 20 years in calif, when you do file for divorce, how long before it becomes final to remarry?: both parties have lived separate lives for over 20 years, everything has been worked out with both parties, want to know when divorce is filed in court, how long before it is final?
Donald's answer: In addition to the statutory 6-month waiting period, you must consider how much attention and effort you and your spouse give the dissolution process, and how many disagreements must be worked out, either through negotiation or through the court. A dissolution in six months is not the norm, unfortunately -- but it can be done! If you are cooperative and both parties are willing to compromise and work diligently, all the necessary documents can be submitted to the court well before the 6-month date. You would then simply wait for the court to act, after the 6 months have passed.
My wife inherited money early in our divorce. Now she wants it back with inflation and interest.: My wife inherited about 30-40,000$ early in our marriage. Now we are divorcing and she wants it back plus interest and inflation ($110,000 was her calculation). Do I owe that to her any portion of that ? My take is she consumed half of it at least, worst - we converted it to a marital asset and it became community property. We were married and still live in California. Also to make it more complicated, but a separate issue perhaps - my mom has given us about 30-40,000 in the last 10 or so years to keep us afloat. Not an interitance as my mom is still alive though, but perhaps a factor in coming to a number ? Thanks for your help.
Donald's answer: The previous answer outlined the inheritance issue -- but both of you should be aware that documentation will be critical, unless the two of you can agree on what happened and what is "fair". If you can't agree, you will have to convince the court with clear evidence, and nothing speaks louder than good documentation. If she put the money in a totally separate account (no commingling with community assets) and can document payments for community expenses, she will have a strong claim to reimbursement -- as in the example the prior answer provided, where one party can document use of separate assets to buy a jointly-titled home. If she put the money in a joint account, and it mingled with joint assets, then vanished in payments for groceries and everyday living, her claim will be weak. As for your mother's "gifts": Again, documentation will be critical. If you and your wife signed an agreement that the assets were gifts were to you alone, and if you can then trace the expenditure of the assets from your separate account to acquire community assets, you may be able to prove a right to reimbursement. Realistically, however, few persons are that methodical and foresighted. The documented evidence must be strong and clear. If you think you have it, seek out a good attorney for a consultation. Even if you can't or don't want to retain an attorney, a lot can be learned in a well-planned hour, if you take your financial evidence with you.
Pending Divorce~ Tons of issues I need some advice: Husband & I together for 10yrs, married for 7. We have both been self employed during that time. We have a corporation. Husband has spend TONS of money without my consent on "business ideas". My credit was used (and destroyed) because he had none. Income to the Corp is 200k-400k with very little personal income to him, because the IRS is after him. My income from the Corp was to pay personal bills & living expenses. For the last 4 yrs, the only income to the corp has been from his licensed job. I work with him, but he is technically "earning the money". Without him, I have no income. I am concerned about how spousal support will work with this scenario. It is obvious he is the bread winner, but all his income checks are made to the Corp, our personal tax returns shows he makes very little.
Donald's answer: Your brief description suggests an extremely complicated situation, that would require close and detailed attention by a lawyer experienced in discovery of income and closely-held business assets. In addition to support, you may have an interest in those assets, which might also require attention from a forensic accountant. An hour of advice from a good lawyer is advised.