4 Things You May Not Know About California Divorce

When contemplating divorce, you likely have considered the major implications of the process. A divorce can impact your finances, your children, and even your emotional and physical health. However, there are likely many things you have not yet considered about your divorce in California.

No Fault Only

California became the first state in the nation to eliminate fault-based divorce. Divorcing couples in California cannot allege their spouse's fault as the basis for divorce. Rather, spouses do not need to provide a reason for the divorce other than "irreconcilable differences". In other words, you will only have to assure the court that you and your spouse can no longer remain married, without claiming adultery, cruelty, or any other fault.

Personal Property

Unlike real property, which includes your house and other land, personal property is essentially your "stuff." Items such as electronics, clothing, furnishings, art and decor, and other items that are not real property are considered personal property. This broad category of property can even include your pets, for purposes of the divorce.

Under California law, all marital property, personal and otherwise, is defined as community property. In fact, with a few limited exceptions, all property acquired during your marriage becomes community property. What does that mean for you? Each spouse is entitled to half of all the community property. Determining what will and will not be equally divided during divorce is a difficult matter. The answer will depend on your specific circumstances. An experienced lawyer can analyze your property holdings, and help you protect what is legally yours.

Dating During Divorce

Dating can be tricky in situation, much less while in on ongoing divorce. Dating during divorce is a tough subject, and should be broached with caution. "Shacking up" with someone can lead to a presumption of decreased need for spousal support (alimony). Dating during the divorce process may cause emotional rifts in an already tense situation. Your spouse may be less likely to cooperate during negotiations if you start a new relationship. Before dating or "shacking up", consult with your attorney about any implications for your situation.

You May Not Need a Trial

Many divorce cases are resolved outside the courtroom in a process known as mediation. During mediation, a neutral third party, the mediator, guides the parties through resolving mutual issues. Often these issues surround property distribution, spousal support (alimony), and child support. Mediation may not be appropriate in every case. Spouses must be willing to cooperate on some level for this type of negotiation to be beneficial. A successful mediation can save both parties time and money, so it may be an important legal tool to consider.

Contact Ventura Divorce Firm Now

The skilled divorce attorneys at Negley Law, APC have over 15 years of legal practice between them. In that time, our lawyers have helped countless clients through many complex cases. We know the emotional and financial stresses your divorce may cause. We are here to help clients throughout Ventura County access professional and practical legal advice. Contact us online today for a free case evaluation.