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Do I need a Lawyer to File for Divorce in California?
California allows you to file for divorce without an attorney and for a small number of people, that is a reasonable choice. But the legal process of filing is not the same as the legal process of divorcing. The paperwork is only the beginning. What follows, property division, support, custody, debt, retirement accounts, business interests, is where the decisions get made that people live with for years. Whether you need a lawyer depends less on whether you want one and more on what your case involves.
Sanctions for Non-Disclosure of Spouse’s Separate Property
The California Court of Appeal for the Fourth Appellate District has held that the more stringent sanctions remedy set forth in Family Code section 1101 applies to a spouse’s non-disclosure of community property, but not separate property.
What Is the Date of Separation?
In Marriage of Davis, the Court affirmed the importance of the date of separation in divorce. Segregating finances signaled intent, not physical separation.
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