Providing Divorce Mediation Services Throughout California
Divorce is a difficult process full of emotional and often financial nuances. However, there are fundamental issues that are important for every spouse seeking a divorce in California to ensure they are able to receive the financial support they need. Questions like what a wife is entitled to in a divorce often arise, making it crucial to understand key aspects of property division, spousal support, child custody, and the legal nuances that influence divorce settlements. Knowing such important aspects helps parties to understand the various challenges that may be anticipated with reference to California divorce laws.
Looking to work out a fair solution for who gets what in your divorce, without the need for a lawyer? Book a free consultation with California based expert mediator, Dina Haddad.
According to the community property law in California, properties and debts gained during marriage are divided evenly. However, this is not cast in stone and depends on the prenuptial agreements, postnuptial contracts, and it is possible to come up with a division differently than 50/50.
The division of property during California divorce follows set legal principles laid under community property and family laws.
It is imperative that one is fully knowledgeable about what can be classified as being a part of the community estate and what part belongs to each of the individuals personally.
A clear grasp of these distinctions helps ensure fair and equitable outcomes during divorce settlements.
Assets in a California divorce are characterized as community or separate property. This means that account, income, furniture, or automobile, among others, are community property and divided in half in the middle, while the other half of the property such as a car, house, business, or cash goes to the other spouse.
Some of the aspects that are considered include agreements made before the marriage, entails left behind by families or relatives before marriage, contributions made to properties or assets and debts acquired during marriage.
Marital property rights depend on various factors, including:
Definition: Community property means all property that is acquired during the couple’s marriage as well as debts incurred during that period.
According to California’s community property laws, these are most often split 50/50 with a spouse.
When no prior legal agreements regarding the property were made, spouses, both husbands and wives, possess equal rights on marital property. This provides financial equality and stability after the divorce process and procedure.
Yes. California community property laws require that pensions earned during marriage are part of the community property.
The non-pensioned spouse has a right to 50% of the community portion of the pension, which may be established according to the principles reflected in Qualified Domestic Relations Orders (QDROs).
The house may be sold with the cash proceeds being split 50/50 or one party may retain the house by paying out the other an equal share of the value. Child’s needs may be a factor in this regard.
Should the business have been created or expanded during marriage then it qualifies for community property. An evaluation of the business is likely needed to decide the division, and spouses may work out the buyout agreement or ownership rights.
Definition: Separate property is all property acquired before the marriage or through inheritance or gifts during marriage. Contrary to community property, these stay with the original owner.
The spouse with separate property will have 100% ownership of their separate property, so long as it is properly proved or the other party agrees to that award. The most important aspect of achieving complete separation of ownership is clear documentation.
Separate property typically includes:
Spousal support, or alimony, is a key component of many divorce settlements. Conceived for creating economic security, alimony is determined with an aim to offer financial support to the lower earning spouse.
Related: How to avoid alimony in California?
The spousal support in California may depend upon the following factors:
The California courts have adopted a policy of fairness guiding the division of the earnings in a marriage respecting the income needs and earning capacity of either spouse.
Child custody and support are the legal arrangements that take care of the child and the maximum time they are to spend with either parent. The factors considered to determine child support are:
California has a preset formula to determine the amount of child support to be paid to the other party. This is called guideline child support. The factors to determine the amount of support is each parent’s custodial time and each party’s net earnings. Guideline child support is intended to provide adequate support for the child.
The knowledge of your rights in California divorce is very important to negotiate a rational and reasonable marital settlement agreement.
By appreciating the differences under the category of community property and separate property, you can properly negotiate a division of the assets.
By understanding why the court awards spousal support and how they calculate child support, you are better able to consider your support needs and rights.
Each party’s standard of living, their contribution to marriage, separate property including possible prenuptial and postnuptial agreements are considered in calculating finances related to divorce.
Loss is personal. It’s rare to find someone that believes they won in a divorce. It’s more likely to find someone that found they reached a fair settlement or understands the settlement they reached.
There isn’t any specific period which is required. Assets earned during marriage are community property, absent an exception like a prenuptial agreement.
Families First Mediation is a pioneer in the field of divorce mediation. Our entire divorce mediation team takes great pride in being active trainers, divorce mediators and teachers of mediation in the greater California area. If you are considering a collaborative divorce, legal seperation or looking for a san jose divorce lawyer we have services that may be beneficial to you. Take advantage of our vast expertise and background in the field of divorce mediation and our genuine desire to help with your divorce mediation services.
