What do I need to do to prepare for a divorce in California?
The 12-Point Divorce Checklist For California
- Ensure you have a support network in place.
- Organize your financial and family documents.
- Conduct an inventory of your assets and liabilities.
- Devise a custody plan.
- Decide on where you’ll live.
- Investigate your spouse.
- Update your personal information.
Is it always 50/50 in divorce California?
In California, there is no 50/50 split of marital property. According to California divorce laws, when a married couple gets divorced, their community property and debts will be divided equitably. This means they will be divided fairly and equally.
Does it matter who files for divorce first California?
There really is not distinct advantage during the pendency of a divorce case to be the Petitioner or the Respondent. Most legal experts believe that there is little legal advantage to who files first because California is a no-fault divorce state, so the court really doesn’t care who files the petition first.
How is a house split in a divorce in California?
Therefore, each spouse has equal ownership to the property regardless of who earned it or which spouse’s name is on the title of it. Because California law views both spouses as one party rather than two, marital assets and debts are split 50/50 between the couple, unless they can agree on another arrangement.
What happens to house in divorce California?
California is a community property state, meaning that the assets both parties accrue during the course of the marriage are joint property in the eyes of the law. In the event of a divorce, that property should be distributed equally.
Can you date while separated in California?
A commonly asked question about legal separation that I hear often is “Can I date while I am legally separated?” Technically the answer is yes because California is a no-fault state. However, if you have children, be advised that dating while legally separated could influence child custody arrangements.
Does California require separation before divorce?
Our clients frequently ask if they are required to legally separate before getting a divorce in California. Although there is a common misconception that you must file for separation first, the short explanation is that there is no requirement for couples to legally separate before a divorce can be granted.
How are assets split in California divorce?
California is a community property state, not an equitable distribution state. This means that any assets or property gained during the course of a marriage belong equally to both spouses and, therefore, the property must be equally divided between the two spouse by the court in a divorce.