It is unfortunate that many California couples who get a divorce continue to engage in disagreement and dispute after the case has been completed. However, for a large faction of them, an inability to find common ground will continue to be problematic as they battle over post-divorce issues like spousal support and child support.
California divorces are often associated with famous performers and other prominent and well-known people. However, divorce legal issues can affect anyone and be a financial and personal problem for their lives from top to bottom. Professional people who have their own practice in their chosen profession are no exception. Since a professional practice can be lucrative, there can be a litany of property concerns. Disentangling from a business relationship as well as a personal relationship doubles the risk and makes it essential to have legal advice.
Often, many California divorces end with one spouse receiving a money judgment which the other spouse must pay. The spouse who is to be paid must understand certain facts about collecting the financial judgment. Since emotions are inevitably raw after a divorce and there was likely dispute that led to the end of a marriage, one spouse owing the other money can be a complicated matter that leads to disagreement and even the owing spouse refusing to pay.
California divorces rarely happen when both parties are ready for it and there are frequently issues that are left unresolved at the time of the filing. While there are a variety of concerns in any divorce such as children, support and division or property, neither side wants to be saddled with paying debts that the other might have incurred at the legal end of a marriage. Understanding how unpaid debts are addressed under the law in a divorce is a vital part of a case and requires experienced legal advice.
The end of a marriage cannot be pigeonholed as solely affecting a certain faction of people who are in a specific age range. Not all California divorces are the same and the issues and matters in dispute can vary. A so-called "gray divorce" in which older people decide to move forward and part ways as a couple is growing increasingly common. There are certain foundational factors that are a concern regardless of the type of divorce, but a gray divorce is unique in a variety of ways. Considering them is critical to a reasonable resolution.
There are many reasons why a California couple might decide the time is right to move forward with a divorce. While personal issues and dispute are common as some people simply determine that they can no longer get along, financial concerns are also high on the list of reasons for a divorce. Some perceive that to mean there is overspending, a lack of income, non-support and other issues. However, the simple act of hiding financial information is a spark for many divorces. Those who are facing this issue should have legal help as they decide whether to take the next step or not.
When a California couple decides to divorce, property division is a common source for dispute. Often, it takes some time to determine which party owns what and has the right to retain what property at the end of a marriage. While many items belong to one or the other, there are some properties that are part community property and belong to both and part separate property and belong to one of the spouses. This is known as commingling. It means the properties have gotten mixed. During the divorce process, it is important to understand how commingled property can impact the situation.
For California couples who are at the end of a marriage and are planning to divorce, there are many issues that will be of concern. This can be part of an extended dispute and delay the process while costing money and leading to emotions being frazzled. While it might be considered secondary to some, a new law that will go into effect on Jan. 1 centers around how pets are handled when property division is addressed. Understanding how this law can impact couples as they divorce is an important factor in a case.
If a California marriage is heading towards divorce, the process will often begin with one spouse serving the other with a summons and petition to move forward with the process. Once the person has been served, there will be various pieces of information including restraining orders as to what could be done with assets, property, money and debts. If there are children in the marriage, there will be an order not to move out of the state or for getting a new passport unless there is written consent. After reading and understanding this, it is imperative to know the options to respond. Having legal advice during this time is wise.
At the end of a marriage in California, there will be many issues that could become the foundation for an extended dispute. People who are simply trying to move on with their lives and are hoping for a relatively quick and painless process could find that desire hindered by property division issues. While most people will have a basic grasp of community property and separate property, a frequent question asked is what will happen if it is not as simple as items either belonging to one or both based on the law. This is when it is important to understand the concept of quasi-community property.