Couples who file for divorce in California are expected to divide their marital property – assets acquired during the course of the marriage – equally.
The Validity of Marital Agreements in California
The California Family Code allows prospective spouses and married couples to contract with each other about their respective rights to personal or marital property, regardless of when, where or how that property is acquired. These agreements are valid without consideration. Prenuptial agreements become effective upon marriage, while postnuptial agreements are legally binding as soon as they’re signed.
California Property Division Attorney
California is a community property state, so the law assumes that each spouse shares equal responsibility for the assets and debts accumulated during the marriage. However, it’s often a complex task to divide that pool in a manner that ensures a fair and even outcome.
Spousal Disputes <br>Over Child Support
To ensure that children do not fall into poverty because of divorce or out-of-wedlock birth, California has adopted child support guidelines and an effective mechanism for payment. However, the state gives family court judges latitude in deciding the final amount.
Issues When Couples Divorce Later in Life
Divorce is very common among individuals who are 55 years of age or older. According to the most recent report from the U.S. Census Bureau, divorce rates were highest (approximately 43%) among men and women between ages 55 and 64. Going through a late-life divorce can be emotional yet liberating.
How Is Child Custody Determined in California?
According to a 2018 child custody research study by Custody X Change, fathers in California are likely to get about 32.8% of child custody time. In the state of California, either parent can have custody of their children. Likewise, both parents can decide to share custody. However, should they be unable to agree, the family court can help determine custody based on the child's best interests and welfare.
If I Get a Divorce, Do I Have to Move Out?
Your home is an important part of your life, and many people invest significant time and money into building a home. Moving out of a home is an emotional and often difficult decision. What happens to the family home is a major question couples and courts have to address during a divorce.
What Can I Do if My Ex Isn’t Paying Their Child Support?
If you’re a custodial parent of a child under the age of 18, and the non-custodial parent has stopped making child support payments. What can you do?
What Qualifies for<br/> a Modification?
The Census Bureau’s Custodial Mothers and Fathers and Their Child Support: 2017 report indicates that only about 69.8% of custodial parents who were due child support in 2017 received at least some payments from non-custodial parents.
Common Misconceptions About Divorce & Family Law
Many people believe family law only encompasses issues linked to divorce, such as child custody and alimony. In reality, family law includes many more legal processes than just divorce. It includes any area of the law involving family relationships, such as paternity, emancipation, adoption, foster care, and eldercare.