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.
Californians who are getting a divorce might have concerns about their finances for after the case is completed. One spouse might have been the breadwinner with the other spouse functioning as a stay-at-home spouse and parent. It could be that while both worked, one earned significantly more than the other. This is where it is important to consider spousal support - also referred to as alimony. For those in the middle of a divorce, understanding how spousal support is handled is imperative to both the prospective paying spouse and the receiving spouse. There are factors that will be considered when determining how much will be paid and for how long.
In California, some couples disagree about almost every aspect of their divorce. In such instances, a trial is almost unavoidable. In others, the couple might not be outright hostile toward one another, but the divorce is complicated for some other reason. For some, however, the circumstances are such that the couple can get a summary dissolution. This can be a far easier process than other types of divorces.
For decades, cohabitation prior to marriage was frowned upon. More recently, however, the act has become more acceptable, with many Californians living together in long-term relationships without marriage, and others waiting for many years before tying the knot.
There's no doubt that the divorce process can be an emotional one. For many Californians, dealing with child custody and visitation issues is at the heart of their emotional conflict. Yet, in many instances, parties find themselves squabbling over who will get the family pet. Previously, California law recognized pets as property, meaning that a decision had to be made about which party would take control of it. However, a new law set to take effect in 2019 will change the way courts handle this oftentimes delicate issue.
A recent post here discussed the differences between community property and separate property. This distinction can have a dramatic effect on the property division process when a couple gets divorced. It can lay the foundation for an individual's post-divorce finances, which means that it needs to be handled carefully and competently.
Preparing for divorce can be an emotional process for some California residents. Sometimes, these individuals do not necessarily want to get divorced, but they recognize that their spouse may have fallen out of love with them, or maybe each spouse's life goals just make marriage unmanageable. As difficult as the divorce process can be, the issues don't end when the final divorce decree is entered. Instead, individuals can find themselves butting heads with their ex-spouse over a number of issues for years to come.