Are you considering a divorce? If so, then you are likely already prepared for the fact that it will be hard on everyone involved. However, at Kendall Gkikas & Mitchell we want you to know that this doesn’t have to be as difficult as you think. When you have information, a good attorney, and the right attitude, it can be simpler than you think. Read on to get some of the basic info you’ll need and then contact our offices at 909-482-1422 to set up your appointment.
California is a no-fault state
Not only is California a no-fault state, it was actually the first no-fault state in the nation. What does this mean? It means that if one person wants out of the marriage that’s enough – and no one has to blame anyone else.
In most cases, adultery won’t affect the way property is divided
As a result of California’s no-fault status, whether or not one partner had an affair typically won’t affect how property is divided or alimony. However, in some cases it can have an effect on child custody. There are of course exceptions. For example, if the spouse who was involved in an adulterous relationship paid for their cheating partner’s apartment with assets that belonged to both married partners, then it can affect how much money is litigated in a divorce.
California is a community property state
In California, marital assets are divided based on a method of distribution known as community property. This means that both spouses are entitled to 50% of the assets that the couple got during their marriage. In most cases, property that was acquired prior to the marriage aren’t subject to this division. In most cases, inheritances received during the marriage are also not subject to division.
You can come to your own agreement
It’s true that California is a community property state but it’s also true that you can come up with your own settlement agreement that doesn’t adhere to this 50/50 idea of community property. In this case, you may want to self-represent yourself during your divorce. Call Kendall Gkikas & Mitchell to learn more about this option and how to ensure that it works out to your benefit.
No premarital agreement affects custody
In the state of California, child custody cannot be determined by a premarital agreement. If you and your spouse don’t agree about custody issues, then a family law judge will make decisions about where the child lives. Even if there’s a clause in your prenuptial agreement that refers to child custody, it will not be enforceable in court.
You likely have many other questions. No matter where you are, whether you’re just thinking about a divorce or your mind is made up and you’ve already moved out, working with an attorney will always make things work more smoothly. Call Kendall Gkikas & Mitchell today at 909-482-1422 to learn more about your options.
