14
Sep

Divorce is a challenging and emotionally charged process.  California is a community property state, which means that there is a creation of a community entity during the marriage. Each spouse is entitled to 50% of the community. In addition to property rights, each spouse may receive child support and spousal support from the other spouse.  In a divorce, there are also rights for reimbursement of community or separate property assets, and the issue of attorney’s fees.

1. Community Property State:
California is a community property state, which means that all assets and debts acquired during the marriage are generally considered community property, belonging equally to both spouses. This principle forms the basis for the division of marital property in a divorce. Certain assets acquired before the marriage or through inheritance may be classified as separate property and not subject to division.

2. Division of Marital Assets:
When it comes to dividing marital property, California follows the principle of equitable distribution rather than an equal split. The court aims to divide assets and debts fairly and equally. The process involves creating a list of all the assets and debts, identifying each asset as whether community or separate property.  Each asset is valued and assigned to one of the spouses.  If there is a difference in value between all the assets assigned to the spouses, one spouse will have to pay the other an “equalizing payment.”

3. Spousal Support:
Spousal support, also known as alimony, is designed to help the lower-earning or stay at home spouse maintain a reasonable standard of living after the divorce. The court considers various factors when determining the amount and duration of spousal support, including the length of the marriage, the earning capacity of each spouse, their respective age and health, and the marital standard of living, whether there are young children to care for. Temporary or permanent support may be awarded, depending on the circumstances.

4. Child Custody and Support:
Child custody and support are significant components of divorce proceedings involving children. California courts prioritize the best interests of the child when making custody decisions. Both parents have equal rights to custody, and the court may grant joint or sole custody based on what is in the best interests of the children. Child support is typically determined based on each parent’s income, the amount of time the child spends with each parent, and other relevant factors such as health care insurance cost, tax deductions and retirement contributions.

5. Legal Representation and Mediation:
Navigating the divorce process can be emotionally draining and challenging. Not knowing your rights and obligations means some spouses will unknowingly give up valuable rights. Unfortunately, certain orders in court cannot be modified or will be difficult to undo.

Divorce mediation can help spouses reach mutually agreeable solutions regarding property division, child custody, and support. Mediation provides an opportunity for both parties to negotiate and find common ground and afford the family privacy.