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Who Gets the Marital Home After a Divorce?

If you are getting a divorce and you moved into your spouse’s house after you were married, then the house would not normally be part of the property distribution because it was acquired before the marriage took place. You won’t be allowed to keep the house in most cases, nor will you necessarily get a portion of the proceeds of the sale of the house if it is sold. The general rule of thumb is, anything that was owned before marriage by either party is not subject to distribution in a divorce.

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Is an accident settlement considered community property in the event of a divorce?

Whether or not an accident settlement is considered community property and thus subject to division by the courts in the event of a divorce will depend on what the settlement was for. When the settlement is for pain and suffering, you will not be entitled to any portion of the accident settlement since the pain and suffering was a personal injury that was suffered by your spouse.

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Dividing Military Retirement Benefits in a Divorce

As with a civilian divorce, a spouse of a military member has a right to a share of their spouse’s disposable retired pay. The Uniformed Services Former Spouses Protection Act (USFSPA) was originally enacted to authorize a division of military retirement benefits as community property.

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When should I hire a tax attorney?

A tax attorney may be required you are facing a fraud investigation, a lengthy audit, an audit involving legal issues, frozen assets, a large deficiency balance, incomplete or inadequate books and records, an inability to pay, a failure to file returns for a number of years, charges for taxes you do not owe, or the expiration of the statute of limitations. If you have any questions about the IRS, or face IRS action, consult a tax attorney.

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California Divorce & Separation

California is a state of innovation, even when it comes to the divorce process. If you qualify, you may be able to seek a summary dissolution, or a simplified California divorce procedure, thereby saving time and money (see below). Otherwise, California legal separations and California divorce rules and laws are similar to other states. You will find valuable information below about California divorce grounds, residency and filing, and California summary dissolution.

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Debts Incurred After Separation

In many cases any new debts incurred by one of the spouses after a couple has decided to separate are considered to be the responsibility of both spouses. This is true in both community property and common law states, but courts may make a different determination, depending on the circumstances of the debt.

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