When one refers to simple divorce in California, they are most likely talking about an uncontested divorce. Uncontested divorces mainly occur where the parties do not have significant assets or children or in cases where the parties can mutually agree upon the division of debt, assets, and child custody and support if children are involved. Even if you can agree on the terms of a divorce, it is in your best interest to consult with a divorce attorney before starting a divorce in California.
Division of Property in a Divorce in California
California is a community property state. As such, all assets acquired during a marriage are considered community property unless it is by gift, inheritance, or agreement. Those contemplating marriage are free to enter a premarital agreement whereby the division of property in the event of a divorce is decided in advance and enforceable in dissolution proceedings. It is best where parties can agree on a division of the marital property as it saves the expense of a trial on the issue of the division of property. No all parties can agree and not all parties are fully aware of their rights under the law. If you are considering divorce and there will be a division of property it is wise to consult with a divorce attorney who will explain your rights.
Division of a Business in a Divorce in California
If you are considering a divorce and either you or your spouse own a business, you should definitely consult with a knowledgeable divorce lawyer. The laws concerning the division of a business in a dissolution of marriage in California are complicated. The calculation of the value of the business and what, if any, portion of the business is community property to be included in the division of property.
Spousal Support in a Divorce in California
Depending on the length and roles of the parties, spousal support may be awarded to one party. Whether your spouse is looking to you for support or whether you are requesting that the other party pay you spousal support, you should consult with an experienced divorce attorney who will discuss what, if any, support may be due.
Child Custody and Support in a Divorce in California
Child custody and support are decisions best made by the parties involved. When there is a disagreement in the custody and support, the court will make a decision and it may not be favorable or desirable to either party. If you cannot agree with your spouse on a timeshare with the children and any support payments, you should contact a divorce attorney that will explain your rights and evaluate your circumstances to give you an idea of what you may owe or receive in child support under different timeshare conditions.
Hoover Krepelka, LLP legal strategy sessions for those in need of legal advice pertaining to divorce in California. Call us today at 408-389-7099.