2015 Change in California Divorce Law
When you are trying to get a divorce, it’s hard without a divorce attorney on your side. When children are involved, or when alimony payments are an issue, a family law attorney will help you work out a custody arrangement, alimony and child support. It is possible to find a San Diego divorce lawyer that will work closely with you to ease the stress of this difficult process. The biggest change in 2015 regarding California divorce is regarding the date of separation.
The Date of Separation
Couples are no longer considered separated until they physically no longer live under the same roof the California Supreme Court ruled in July 2015. This means that the spouse making less money is entitled to a share of the other spouse’s income until both parties are physically separated from each other. This can lead to significant money if the couple lives together for years while trying to get through a divorce. Couples that were living together prior to this ruling have discovered that the spouse making more money has to pay the other a portion of their earnings because they have not officially separated.
How Property and Debt are Divided in a Divorce
California is a community property state, and divorce lawyers will tell you that all property earned or owned during the marriage will be divided up equally. This does not include gifts or inheritances, which are separate property until shared with the other spouse. Assets and debts are both part of the marital property, and both are divided up equally between the divorcing spouses. Assets include homes, cars, bank accounts and retirement accounts, all of which need to be split between the two parties. All assets and debts accrued during the marriage are marital property.
Inheritances are considered separate property unless some or all of the inheritance was placed into a joint bank account shared by both parties. Once funds are commingled, they become property that is jointly owned. Inherited money kept separate from the other spouse is considered separate property when it comes time to divide up assets. This allows for people to keep an inheritance intended for them only.
Determining Child Custody in California
Child custody in California can go several ways. The parents can share joint legal and physical custody. One parent can have full physical and legal custody, or they can share a combination of the two. It depends on the relationship each child has with the parent, each parent’s ability to physically care for the children, and the wishes of the children if they are teenagers. Talk with a divorce lawyer in San Diego if custody is contested, as you want to be sure you get the custody you are seeking.
There are many reasons for you to file for divorce, and grounds can be almost anything that has destroyed the sanctity of your marriage.
When you are ready to sit down and talk about your divorce options, call in for an initial case evaluation to discuss your case. We will work closely with you to determine what will work best for you in the whole process.
More information on California Divorce
