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Latest News and Notes from Holstrom, Block and Parke, APLC

What are the advantages of creating a trust?

The main advantage to having a trust is the avoidance of probate. Probate is time consuming, expensive, and makes your assets and liabilities public record, which most people don’t want. The trust will allow for the disposition of your estate plan without any...

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Does it matter who files for divorce first?

California is a no-fault state, which means neither spouse is required to prove wrongdoing in order to proceed with a divorce filing. There’s no advantage as the petitioner; there’s no disadvantage as the respondent. What matters is if you have an attorney who can get...

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How is child support determined?

In the state of California, child support is determined by a statutory formula. It’s pretty convoluted and so the courts all use computer programs that are designed to utilize the formula to identify the correct numbers. The numbers that the court uses in these...

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How long does a divorce take?

People hear misconceptions like, "Your divorce is going to be over in six months." Now, there's a kernel of truth to that. The kernel of truth is the soonest you can be divorced in California is six months and one day after the other side is served with the petition...

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How long do prenups last?

Prenups last, usually by their terms, for the entire length of the marriage. However, prenups sometimes include provisions that expire. The most common one might be an agreement that there’s going to be no spousal support unless they are married for at least 10 years....

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How are assets divided in a divorce?

Under California law, the way assets are divided in divorce is pretty straightforward. Any property that was acquired during marriage is presumed to be community property, and is divided 50/50. Any property that was either owned prior to marriage or acquired during...

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