Divorce in California – What You Need to Know

By Kali Perkins

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The word “divorce” itself can cause a visceral reaction; it can bring on feelings of stress, fear, and apprehension. But the more you know about the law, the easier it can be to deal with this stressful time. (And if you need more help, we’re here of course to answer your questions and guide you through the process.)

“No Fault” Explained

California is a “no fault” divorce state – that means it doesn’t matter who is at fault for the breakup of the relationship; the parties are treated equally in the eyes of the court. It also means that only one party has to “want” the divorce for it to occur.

The Divorce Settlement Process

The vast majority of divorces don’t proceed to trial; rather, the parties are able to work out the issues through arbitration and mediation, or litigation that is limited in scope to address particular issues of the case on which the parties can’t agree. These are obviously more cost-effective ways to resolve issues of contention, rather than proceeding to trial.

Once an agreement is reached through one of these means, then a settlement agreement will be entered into, and once all outstanding issues are resolved, the court will finalize the divorce, meaning you will be returned to the legal status of a single individual. Where parties cannot reach an agreement, or if there are issues precluding contact between the parties, it’s often best to leave those issues up to a judge to decide.

Division of Property

Often, the most contentious issue in a divorce is the division of property. Property acquired during the marriage is considered community property, and thus, divided equally between the parties. Any property owned by one of the parties prior the marriage will be treated as your sole and separate property, and you will be entitled to it upon the dissolution of the marriage.

Spousal Support

Spousal support is another issue that is often hotly contested. Depending on the term of the marriage, and the income of the parties, you may be entitled to receive ongoing support from your ex.

Where there is a change down the road in financial situations, you can also apply to have spousal support modified to reflect the modified status. Don’t continue paying what you can’t afford if your financial situation has changed since a ruling on spousal support was made. Alternatively, don’t continue to accept less than you can survive on if you are receiving spousal support and your circumstances have changed.

Legal Support

While it can seem strange to hire a lawyer “against” your spouse, it’s better to think of it being for you. In a no-fault divorce state, you can’t really stop the divorce if your spouse wants it. And if it’s going to happen, you need to make sure you will land on your feet in the best way possible–and if you have children, that an amicable solution which is in their best interests will be reached. The results of the divorce settlement could affect your life for years to come. Often the impact is felt for the rest of your life. You don’t want to be in over your head, or negotiating from an emotional place, when so much is on the line

Let us help you navigate this stressful time in your life by helping assist and advise you through your divorce proceedings. Whether you are a newly-married couple or ending a long-term marriage, we are here to help you through this difficult time. Our office can assist you every step of the way through your divorce proceedings. We can be your voice to ensure you are treated fairly and entitled to what is rightfully yours. Give us a call today for a consultation to discuss your rights and your options.