Law Office of Lily L. Huang
More Than A Decade Of Family Law Experience

divorce Archives

Reasons why couples sign postnuptial agreements

Some San Jose couples wonder after tying the knot if they should have gone ahead and signed a prenuptial agreement. Couples might balk at signing a prenup because it implies that their marriage is not strong. However if for any reason a couple has a change of heart, know that it is not too late. While you cannot sign a prenup after you marry, you can sign a postnuptial agreement that will cover many issues that prenups generally handle.

What happens to the family home in a divorce?

When you and your spouse go through a California divorce, your family home often represents one of your biggest issues. You may wish to stay there with the kids while (s)he wishes to sell it, or vice versa. Or there may be a good reason why one of you needs to stay there, at least for a few years, before selling it becomes more practical. As reported by the Orange County Register, you and your spouse have several options when it comes to what to do with your family home when you divorce.

Is legal separation more advantageous than divorce?

If your California marriage or registered domestic partnership is considerably less than ideal, but you are not yet ready to face the prospects of a divorce, you may wish to consider a legal separation. As FindLaw explains, it may help you psychologically to think of a legal separation is a marital timeout

Why a Facebook divorce is a really bad idea

At the Law Office of Lily L. Huang in California, we know how much you enjoy staying connected with your friends via social media platforms such as Facebook, LinkedIn, MySpace, Twitter and others. If you are contemplating a divorce, however, or already involved in one, you would do well to think carefully about what you post online about yourself or divulge electronically via email, texts, etc.

What is palimony?

If you and the person with whom you are living in California are on the verge of calling it quits, you need to be aware that you could have to pay palimony to your departing partner. As FindLaw explains, palimony is a unique California form of spousal support that some cohabitating but unmarried partners must pay to the other when the relationship ends.

Can I still deduct my sposal support payments?

If you are a divorced California resident who pays spousal support to your ex-spouse, you may have heard that you can no longer deduct the annual amount of those payments from your federal income taxes. Before hastening to your attorney’s office, however, to see about getting a modification of your support order reducing your payments so as to make up for your lost deduction, take a deep breath. This new law does not apply to you. You can still deduct the amount of your payments not only this year, but also in the future. Likewise, your ex-spouse must continue to declare these spousal support payments as income and pay income tax on them.

Turning an unfortunate situation into a mutual win

You did not go into your marriage with the intent that it would eventually end in separation. At the California Law Office of Lily L. Huang, we understand that your expectations for success were high. We find that, in most cases, our client's spouse feels the same way— even if it is not immediately apparent.

Can you date before your divorce is final?

You may have many questions about your San Jose divorce. You may worry about your actions and how they could affect the proceedings. One thing that comes up often is your right to date. Do you have to wait until the divorce is final to begin dating or is it okay to do it while things are still in progress? This is common to ask because once a couple reaches the point of divorce, the relationship has often been over for quite some time. It is normal to want to look for new companionship.

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