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You are not required to change your name after a divorce. The choice is yours to make not the other parties. It may be important to keep your last name the same because of credentials that have been obtained, reputation in the community, reputation in the professional realm, or because you have minor children with the same last name.
I always recommend waiting until the divorce is final to change her name. Changing your name prior to divorce is an expensive process because to do it legally you must follow the name change protocol and at a minimum that requires publishing and a filing fee. It doesn’t make any sense to incur the additional expense when the cost is included in your divorce.
At the time child support is determined, it is decided which parent will claim the children as dependents. Child dependency comes into play in the child support calculation.
Prior to filing divorce there is not much you can do, once the divorce is filed the automatic Temporary Restraining Order’s cake and upon service and no property is allowed to be sold in less it’s in the ordinary course of business.
If your spouse sold off marital assets then your spouse owes you one half of the value of the property sold or the amount received for the property whichever is greater.
The judge can order the other party to move out of the house and the house be sold. Often times if a party is uncooperative on selling the marital residence, the judge will order them to vacate the residence to allow it to be sold.
Two adults can do whatever they decide they want to do; they can live together in the marital home after divorce. However, it would be very highly recommended to have a written agreement as to the division of the home as well as the burden of the expenses and maintaining the home.
The family home does not necessarily need to be sold to pay the other party their share of the equity. This should their share of the equity could be offset against retirement accounts, any other asset, or there’s always the possibility of a loan being taken against the property to pay off the other spouse.
The house expenses until the houses sold our community debts. Both parties are responsible equally to pay these debts, however, if one of the parties is living in the home that party would be responsible for the utilities normally, and would of the other spouse one half of the fair rental value.
For more information on Signing Papers In A California Divorce, a consultation with an experienced California Divorce Lawyer is your next best step. Get the information and legal answers you are seeking by calling (916) 685-7878 today.
Mr. Cianchetta is an OUTSTANDING attorney. I was a little nervous about seeing an attorney for my case. Mr. Cianchetta and his staff made my wife and I feel right at ease. He took extra time explaining what to expect before, during and after our process. His advice was right on!
- Jack M.
