It takes courage to admit when a relationship is over, and it puts us in a very different emotional place. It is important to have strong legal support and representation when going through the difficult periods of our lives.
There are five areas to be decided or resolved as part of a divorce, “Dissolution of Marriage:”
1) Divide the Assets.
2) Divide the Debts.
3) Divide the Children (Set Custody and Visitation).
4) Set Child Support.
5) Set Spousal Support.
Ultimately, the above areas need to be addressed in a Judgment. The Judgment terminates the marriage.
How simple it would be if it were just like this! Frequently, conflicts arise amplified by emotional involvement, and the process becomes complicated, overwhelming, and sometimes creates an unfair disadvantage.
California is a community property state, which means that, with some exceptions, assets and debts acquired from the date of marriage to the date of separation are presumed to be community property, and each spouse is entitled to, and/or responsible for, half. This includes paychecks and retirement benefits.
Spousal Support can be ordered when there is a disparity in the parties’ incomes.
Common Law Marriage is not recognized in California; however, if a marriage is valid in the place it was created, it is recognized in California.
All of the above issues are complicated and require expert legal counsel.