Divorce is a difficult process, but it may be necessary if your spouse is physically or verbally abusive, your plans for the future are vastly different from your spouse’s, or your partner is unfaithful and leaves you. Choosing to end a marriage often brings up emotions like anger and betrayal, and the added stress of the legal process can make it even more overwhelming. When you work with an experienced Fontana divorce lawyer from All American Law, they can verify that you include correct information on your Petition for Dissolution, help assess the value of your assets and divide them equally, and fight for the most equitable outcome from your Fontana, CA divorce.
Divorce can be difficult, whether you are able to easily compromise with your former spouse or need a third party to step in and help. Some couples want to be prepared and ensure that their assets are protected. Therefore, they create agreements prior to their marriage, known as prenuptial agreements, to outline how a divorce will be handled. Others begin the process with little to no preparation because of infidelity or other unexpected circumstances that permanently harmed their marriage. Regardless of the circumstances, there are four legal steps that you must complete to finalize a divorce.
In California, the division of marital assets is determined by a community property rule, which means that any assets that the couple accumulated during their marriage will be divided 50/50. This is not always an easy process because some assets cannot be divided simply. Therefore, things may be divided according to their value rather than physically divided in half. For example, if you purchased a home during your marriage, and cannot decide which spouse should live there full-time, you may be ordered to assess the value of the house, sell it, and split the profits evenly.
While it can be challenging to divide assets, another layer of frustration can arise when you must equally divide debt. If you or your spouse took out student loans during your marriage to complete a degree, that debt will be split equally when you divorce. Creating a detailed record of all your assets, property, and debt can help ensure that everything is divided properly during your divorce.
The cost of every divorce will be different because there are different needs in each divorce. You will likely only pay to file any petitions and attorney fees if:
More difficult divorce proceedings, where one spouse refuses to compromise, mediation is required, and a spouse has to file several motions for changes, will be more expensive because your divorce attorney will have to dedicate their time to the case and there will be more court fees.
California is classified as a community property state, which means that all assets are divided equally between spouses during a divorce. Community property includes any money, assets, or debts that were gained during the marriage, like each spouse’s income, the money owed for mortgages, and any furniture that was purchased. If an asset cannot be easily divided, like a boat or collectibles, then the assets may be sold so that each party will receive half of their value.
For some couples, it becomes clear very quickly that marriage was not the correct course, either because of personality differences, abuse, or conflicts over life goals. If they have been married for less than five years, a couple may qualify for a summary dissolution, which is a much easier and less expensive divorce process. Typically, a summary dissolution requires couples to have no children and agree on all major decisions after less than five years of marriage.
There are no specific guidelines for what a wife is entitled to because California is a community property state. Therefore, each spouse is entitled to half of all shared assets from their marriage. If there is an asset that cannot be easily split, like a vacation home when the spouses are unable to agree on who will own it, that asset may be sold so that the profit can be divided evenly.
When you make the choice to end your marriage, it can be daunting to face the reality of a divorce because it requires such an elaborate legal process. A skilled divorce attorney can offer invaluable advice, such as how to ensure that your grandmother’s heirloom jewelry is protected or what parenting plan to put in place so your children can spend equal time with both parents. The team at All American Law can guide you through the process and fight to ensure the ideal outcome. Contact our office today for your divorce needs.