California Divorce

Whether a marriage lasts less than five years or many decades, the legal aspects of parting ways with a spouse can be complicated. California operates under community property division laws. This means that filing for divorce typically results in a 50/50 split of all marital property and debt. Property proceedings can have both immediate and far-reaching financial implications. Many people make mistakes that wind up causing significant financial loss in divorce. Learning more about this topic might help avoid a similar fate. There are several key factors to keep in mind when heading to court to pursue a fair settlement. The first thing is to be knowledgeable about the current list of assets and liabilities to be able to make informed decisions. It doesn’t always pay to keep the house in a divorce Many spouses try to hang on to the marital home as a post-divorce asset, although this is often a mistake that can spark financial distress. A spouse who is thinking of keeping the house will want to make sure he or she can handle all expenses that go with it, such as mortgage payments, maintenance and repairs, property taxes, and more. Another big mistake spouses make as […]

Most married couples in California and beyond can attest to encountering challenges in their relationships through the years. There is a kind of ebb and flow to married life. Some years are better than others. Not every marriage lasts a lifetime, however, and many couples who divorce often have several issues in common. These issues can understandably cause a spouse concern. They may be the final “straws” that break the camel’s back, which, in this case, is the marital relationship. After dealing with these issues repeatedly, many spouses determine that they would rather move on in life alone than remain in their current circumstances. When a decision is made to file for divorce, it is time to start thinking ahead so that healing can take place and so that a fair settlement can be achieved. Divorce may be on the horizon when these elements are present in marriage Here are four issues that often start to break down a marriage and may even be the reasons a California spouse decides to file for a divorce: Feelings of contempt Spouse is always defensive or confrontational Pervasive criticism The silent treatment (stonewalling) When these behaviors become habitual in a marriage, it is […]

Many married couples may share the same long-term goals in life, and they may choose to combine most aspects of their lives while in pursuit of these goals. Taking out joint insurance policies may be one of the first things you and your spouse might do, and you may give little thought to what this might mean if you choose to part ways. The topic of insurance is something that might be somewhat easy to overlook when preparing to dissolve a marriage. Since this can be an important aspect of your life, knowing what to expect regarding this topic and understanding your available options could prove integral to making informed decisions about your California future. The topic of insurance Divorce can affect your insurance coverage options in various ways, and knowing how best to approach this topic can be vital to preserving your interests. A few types of coverage to consider during this time might include: Health insurance: Addressing the topic of health insurance coverage and knowing your options can be vital to preparing for the next stage of your life. If you have kids, discussing who will carry insurance coverage for the kids may also be imperative. Auto policies: […]

Ending a marriage is always hard and emotionally fraught, but you can work to stay friends after divorce. However, just because staying friends with your ex-spouse is possible and something you want, doesn’t mean it will happen right away or even soon. Challenges to friendship after divorce When it comes down to it, the social contract for a marriage is that it is a romantic relationship. You and your spouse shared intimate moments and strong feelings and had a deep connection, at least at one point. Whatever changes bring about the divorce does not change that history or context. In addition, even if you otherwise care deeply about your ex, simply moving into the divorce process opens up significant inroads for negative feelings. Your divorce can bring out ugly circumstances and sides in discussions such as: Property division Child custody and support Ongoing spousal support Another aspect that can bring up difficulties for rebuilding your friendship with your ex is how post-divorce life hits both of you. You may be placed back into a dating pool or have new found pressures on you in terms of day-to-day living that stress you both out. The common thread in all of the […]

It’s difficult for the average person to understand how stressful it is to live with a narcissist. If you’re one of many California spouses who have endured the emotional and mental strain that a narcissistic partner can cause in a marriage, you have probably hesitated to talk about your ordeal with anyone other than a trusted confidant. Narcissists thrive on making life miserable for everyone around them. If you’ve recently filed for divorce, keep in mind that your spouse’s narcissistic tendencies are likely going to cause challenges during legal proceedings. If you have children, child custody issues may be difficult to resolve with a narcissist. This type of person often tries to gain the upper hand by manipulating their children’s emotions to try to turn them against the other parent. To achieve a fair agreement, you’ll need to always be on your toes, making sure you understand state laws and know how to protect your parental rights. Narcissists often use gaslighting in a divorce Narcissists are obsessed with the need to control everything and everyone around them. They often use gaslighting tactics to accomplish their goals. Especially in a child custody case, your goal is to present yourself as a […]

Preparing to identify all types of marital property and wealth can be one of the most complex aspects of dissolving a marriage. When facing a similar change in life, you might not be certain about what steps you can take to improve your financial awareness and help you become organized as you prepare to navigate the subsequent process. Part of preparing to identify marital assets could involve knowing what types of documents to gather prior to entering legal proceedings. Tax returns are just one type of document that could help you better understand what is at stake and help you prepare to create a strategy for what comes next that focuses on preserving your future interests. Why is this important? There may be a variety of reasons why reviewing tax return documents can be integral when preparing to dissolve a marriage. Some types of information you might find in these documents could include: Income sources: These documents can include detailed information on all sources of marital income, including anything from yearly wages and salary to contributions to retirement funds. Pension accounts: Reviewing tax returns may also be integral to identifying types of marital property, such as pension accounts and annuities. […]

When your blissful “I do” sours into a stubborn “I do not,” where do you draw the line, decide on the final straw and call it quits on your married relationship? In California, there is no need to prove offenses in legal separation cases. This has been the norm since 1970, when it became the first state to enforce the no-fault divorce. It is enough for one party to seek divorce on any of these two grounds in California: permanent legal incapacity of a spouse to make decisions and irreconcilable differences. Unrepairable damage to the marriage According to the California Family Code, irreconcilable differences are “substantial reasons” to end a marriage. It’s an umbrella term without clear-cut examples in the law, for as long as the court accepts them as valid. Among the usual reasons cited for irreconcilable differences are: Clashes on beliefs and opinions: Whether political, religious, behavioral or personality-based Infidelity and adultery: Which are not considered illegal in California Domestic violence and abuse: Criminal cases could also arise due to misdemeanors Loss of intimacy or trust: Could be due to sexual incompatibility or an extended long-distance relationship Disagreements on parenting: Includes child-rearing, school concerns and even the choice […]

Understanding the role debt might play during a divorce Dissolving a marriage can be a stressful and intimidating experience that could leave you facing a need to make a variety of difficult choices about your future. Knowing every vital factor to address to help you prepare to make these choices during the subsequent process can also be somewhat complex at times. When addressing the process of property division, you may feel that identifying all martial assets and the values thereof could prove imperative. While this might be integral, it could also be in your best interests to ask questions about the role marital debts might play during your divorce. Marital debts Knowing the influence marital debts could have on the outcome of your divorce could help place you in a better position to make informed choices about your situation. Some topics to consider regarding debt in divorce could include: Community property: In California, assets and debts acquired during a marriage are typically deemed community property and as such, may be split evenly among both parties during a divorce. Types of debt: Types of debts that might have a significant influence on the outcome of your divorce may include mortgage, credit […]

“How do I tell them?” is the question every parent considering a divorce asks themselves. It’s definitely not always going to be an easy answer, but there are strategies you can take, depending on your kids and your relationship with them. But there are good approaches for every age range: Preschool kids: They may not get it, but they know something is different It may be somewhat easier for the youngest kids to get over their parent’s divorce simply because they won’t have the same grasp of the issues. That doesn’t mean they won’t notice that there is a change. And, if you have young kids, you already know that any change can bring on a great deal of chaos. However, the most loving thing you can do is to assure them that they are loved. You must be honest with them about how things are different, but they may bounce back relatively quickly. School-aged kids better processing better at processing and hiding feelings For older kids, those younger than 12, finding out about their parents’ divorce can be a major shift. These kids have much greater emotional control and can look at things from a more complex perspective, but […]