What to Expect in a California Divorce
California has some relatively specific laws if you’re divorcing or separating from your spouse. Therefore, it is easy to know what to expect during a divorce in California.
When a couple applies for divorce in several jurisdictions, the filing spouse has the option of selecting from a list of probable reasons for divorce.
● California is a “no-fault” divorce state.
In other words, marital infidelity does not affect the matter of your divorce procedure.
Even though you are not obliged to provide a reason for your divorce, you should expect a lengthy negotiation process before reaching a settlement.
● You may do it independently but completely make sure of your settlements.
Some spouses may successfully negotiate divorce terms on their own, but they typically miss important details that might lead to future issues.
Suppressing concerns like domestic abuse and infidelity leads to the frustration of not holding the other person accountable for their actions, leading to more future enigma.
● Divorcing spouses must demonstrate in court that their allegation is true.
Suppose that spouse can establish that their partner committed an offense. In that case, they may negotiate a more favorable spousal support and property allocation agreement, although not usually child support or child custody.
● The goal is an uncontested settlement.
It is a contentious divorce when a divorced couple cannot agree on major rights like co-parenting, property distribution, or spousal support.
To turn contentious divorce into uncontentious, divorcing spouses must legally agree to dissolve their marriage and settlements that are usually done via competent negotiation with the help of professional mediators.
In California, the effect of divorce on children is critical. Parenting plans must be agreed upon by both parents before a divorce can be finalized by the court.
● Child Custody
Assume a judge decides that living mostly with one parent and having little contact with the other is in the best interests of the kid.
In such a circumstance, the noncustodial parent may be required to pay child support.
● Child Support
Child support payments vary according to the custodial parent’s financial situation, the children’s needs, and a variety of other factors.
Property division is a legal term for the division of property.
According to California law, all assets and property acquired by either spouse during the marriage are considered jointly owned by both.
Divorce involves not only the termination of a marital contract but also the establishment of individual property ownership rights over the divorced couple’s joint assets.
Many California family courts strive for an equal property distribution, but each case is different and needs different approaches.
1. Community Property
When it comes to property partition, community property states are significantly stricter.
This states that all property gained during the marriage is shared 50-50 equally.
2. Equitable Distribution
Equitable distribution is more adaptable but also more complicated.
In an equitable distribution state, a judge must consider numerous considerations while dividing marital property.
More assets may be designated “marital property” in equitable distribution jurisdictions, although the division is not always 50-50.
Remember that both of you desire a virtually equal “net” amount of your assets and liabilities. Alternatively, just add up all the assets and subtract the total debt. But before that, you must be able to do the following:
1. Making a list of everything the couple owns.
Each partner must disclose all assets and liabilities, whether joint and separate. The most important thing to remember is to be forthright and honest about your valuables.
Anything hidden will ultimately come to light, and hiding anything important might have serious consequences.
2. Comparing after filing
You must compare if you disagree on which objects are distinct property and which are common property, as well as the fair market worth of each item.
3. Deciding whether to settle or go to a trial.
If there is continuous disagreement and lack of clarification about the division of properties, the spouse may undergo a trial.
4. Discuss how to split the property and communal debt.
Ideally, you and your spouse or domestic partner will wind up with about equal net shares of communal property.
Spousal support or alimony is one of the financial issues that may arise during a Midwest divorce. Even while it isn’t always an issue in divorce, it’s vital to understand what it is and how it works.
With no income or credit history, one spouse may be ordered to pay alimony to the other by the court.
Should You Pay Alimony?
Consider these two considerations to see whether you should expect to pay or get alimony from your divorce:
● The income of both parties
The same-income divorced couples may not need alimony.
A court may order alimony to ensure that the lower-earning spouse has enough financial support to eventually become self-sufficient.
● Marriage Duration
Short marriages seldom award alimony.
Longer marriages meant greater alimony issues. For example, one spouse gave up a profession or postponed a degree.
● Assume alimony if your spouse is disabled.
Based on the variables, you should be able to determine your alimony rights and obligations.
Can paying alimony still be avoided?
If you satisfy the criteria above and think you owe alimony to your spouse, there are still factors to know how to avoid paying alimony during divorce negotiations.
To know how to avoid paying alimony, you have to find out if:
● A spouse who has been unfaithful throughout the marriage.
- Your spouse is fully capable of finding work.
- If you were married briefly.
Divorce is difficult enough without worrying about commitments, especially financial.
Remember, the court wants the best. They want the beneficiary to graduate college, obtain a job, and live comfortably. Expect to go through intensive negotiations and a trial to make your divorce easier.