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Posted By Eric Martinelli
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14-Dec-2012
I often receive calls from people who are contemplating divorce or have just been served with a Petition for Dissolution. Invariably, the questions asked are how long will this process take, and how much does it cost. Frankly, there is no way to know because the answer to both questions depends entirely on the parties themselves. For instance, there are two paths to accomplish the ultimate goal of ...
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Posted By Eric Martinelli
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30-Nov-2012
I often receive calls from parties who were just served with divorce papers (formally referred to as the Petition for Dissolution). Needless to say, this can be a traumatic event when the receiving party is unaware of his or her spouse's desire to divorce. If you are served with a Petition for Dissolution, there are important issues that are triggered upon your receipt. For instance, upon ...
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Posted By Eric Martinelli
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30-Oct-2012
California Family Code section 3020(a) provides: " The Legislature finds and declares that it is the public policy of this state to assure that the health, safety, and welfare of children shall be the court's primary concern in determining the best interest of children when making any orders regarding the physical or legal custody or visitation of children… ; and (b) The ...
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Posted By Martinelli Law Group
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25-Oct-2012
Our office is always looking to provide the highest level of assistance we can for the individuals and families that we serve. Divorce is a complex issue and the emotional nature of these cases only adds to the complication. We look to give our clients relief in these cases, and find the end results that they are hoping for. We offer personalized and attentive representation to everyone we serve. ...
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Posted By The Martinelli Law Group
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17-Oct-2012
In the state of California, the model of community property is followed. This is the way that property will be divided up between a married couple that is seeking a divorce. Marital assets will be included and this typically involves anything that was gained by either party during the marriage, aside from personal gifts or inheritance. Some items can be counted as separate property and will not be ...
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Posted By Eric Martinelli
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12-Oct-2012
California Family Code section 910 provides: " Except as otherwise expressly provided by statute, the community estate is liable for a debt incurred by either spouse before or during marriage, regardless of which spouse has the management and control of the property and regardless of whether one or both spouses are parties to the debt or to a judgment for the debt." As I shared in a ...
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Posted By Eric Martinelli
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2-Oct-2012
California Family Code section 760 provides: " Except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property. " At dissolution, community property is divided equally between the spouses. This 50/50 split is presumptively correct and the courts will rarely ...
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Posted By The Martinelli Law Group
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1-Jun-2012
We are pleased to announce the launch of our new Santa Clarita Divorce Blog with an RSS feed located here.
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