If you’re thinking about (or are in the process of) divorcing your wife in California, you know navigating a divorce can be a demanding and perplexing time in your life. Establishing who obtains what assets and child support go to whom is stressful, to say the least, but recognizing what you are entitled to in a divorce is important. To protect your rights and make certain you get what you are entitled to, you may need to ask yourself: “What is my wife entitled to in a divorce in California?”
Your wife may be entitled to a good percentage of property division in your legal separation. There are a lot of factors that go into determining how much she will get in the divorce process. In this article, we’ll examine the question, “What is my wife entitled to in a divorce in California?” by discussing spousal assistance, child custody of minor children, child support, properties, and how to divide properties and debts.
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Spousal Assistance in California
Here’s the good news: your wife is not instantly entitled to an award of spousal support in California. In fact, you could end up with spousal support. Among domestic partners, a lesser-earning spouse may be qualified for spousal support if they are married for long enough, regardless of gender.
While there is no collection standard to figure out spousal assistance in California, particular aspects are weighed by family law when making the decision. A judge will consider numerous factors, such as:
- Your marriage’s length
- Both spouse’s income
- Both spouse’s marital possessions
Factors Considered in a Spousal Support Determination in California
Spousal support terms are normally set during mediation. After that, they’re sent out to a judge for approval. If the partners can’t agree on an arrangement, a court uses the list below elements to establish alimony:
- Period of time the marriage was valid
- Age of both partners
- Each partner’s psychological, physical, and financial health and wellness
- The lesser-earning spouse’s ability to end up being monetarily independent
- Pre-divorce standard of living
- The higher-earning spouse’s ability to meet their financial obligations while paying spousal support
- Marital properties (bank accounts, real estate, etc.) and financial obligations (loans, debts, etc.)
- Custodianship plans
Under California law, every one of these variables factors into spousal support. A prenuptial agreement may also play a role in some cases.
Will My Wife Get Child Custody and Child Support in California?
Your wife will not automatically end up with your kids along with a big check every month. Again, you could end up with parental rights, custody, and child support depending on the circumstances. Here’s what you can expect from this part of the process.
Child Support in California
A court weighs the following factors when establishing child custody for a legal parent in California:
- Benefits of the child
- The child’s opinion on the matter if they are over 12 years of age
- A history of domestic disputes such as abuse and domestic violence (physical or emotional)
- A legal parent’s history of substance abuse
- The parents’ psychological and psychological soundness for the role
For any given spouse to be approved for child support, it’s essential to show that the child’s benefits are offered in your care. Our child guardianship lawyers for women help females obtain child support in California separations.
Mothers and wives are not immediately granted child support in California, even if they have joint or full custody. Usually, a court assigns child support to a spouse (regardless of gender) as a part of child custody terms if they believe this would be to the child’s benefit.
If child support terms are not agreed upon outside of the courtroom via a mediator, a family court will decide this as part of the divorce settlement. The parent with primary child custody commonly gets child support to cover their children’s expenses. A parent sharing joint custody can also receive child support in some cases.
The court considers the following factors when figuring out child support:
- The income (current and potential future) of both spouses
- The expenses of both spouses
- Tax declaring statuses
- Assets and financial debts
- Each parent’s capability to pay child support
- Protection and visitation arrangements
- The child’s expenses, such as daycare and healthcare costs
Will My Wife Get Property in my California Divorce?
California is a community property state. California legislation defines property as anything that can be bought or sold or anything that has value, and this means much of what you own is subject to property division.
According to California state law, this indicates that everything partners earn or acquire while wed and living together is both spouses’ (or community) residential property. This legislation impacts what you are entitled to in a California divorce.
California requires you to divide any community piece of property 50/50 during a divorce. As a result, when a pair divorces in California, the court takes into consideration the division of all marital assets. However, the court must initially identify which of the couple’s properties may be a separate property asset as well. During a divorce, the court will determine which possessions are community and separate property. We’ll explore that further below.
Separate vs. Community Property
As specified above, community property in California consists of anything earned or acquired by one party during the time of marriage and cohabitation. That can mean real estate, vehicles, or other valuables like jewelry or equipment. Additionally, community property also includes all debts the parties sustained throughout the marital relationship.
On the other hand, separate property is property obtained before the marital relationship or after the official date of separation. In addition, any type of profits earned or property purchased with separate property continues to be separate property. For instance, if you buy a vehicle with cash earned from renting an inherited home, that is considered property separation. Also, the property you obtained as a gift or inheritance does not comprise community property.
What Is My Wife Entitled to in a Divorce in California
One of the most important aspects of divorce is actually the type of divorce you use. This can greatly affect what your wife gets in a divorce and what you get to keep, but it is contingent on your ability to negotiate proactively with your spouse even while divorce papers are being filed.
What Is My Wife Entitled to in an Uncontested Divorce in California?
Upon making the decision to lawfully separate, you and your spouse can agree on how you wish to divide the property. This is called an uncontested divorce.
According to divorce laws, during an uncontested divorce, couples can come up with an amicable agreement and compose their decisions into a marital settlement contract. Within this arrangement, partners can establish a division of separate and community property they consider fair for both parties. You can decide how to split community funds, business assets, and more. You might also agree on automatic alimony payments, child support, and other parts of the divorce.
Usually, couples use mediation to get to an agreement much more easily. Once you’re ready to draft an arrangement, contact A People’s Choice for help with your uncontested divorce paperwork. We offer non-attorney, flat-fee, affordable services tailored to fit your needs.
What Is My Wife Entitled to in a Contested Divorce in California?
While uncontested separations work well for some, they aren’t always possible. Naturally, division of assets, such as who gets which valuable asset or source of income, can be hard to agree on. Divorces in which couples do not agree (or “contested” divorces) typically require a court hearing.
Before the hearing, both parties need to file some paperwork. This preliminary monetary disclosure includes a:
- Declaration of Disclosure
- Schedule of Assets and Debts
- Income and Expense Declaration
While uncontested separations also require financial disclosures, couples in amicable divorces have extra freedom in their division of property. IN a contested divorce, based on details given in these disclosures, the court can identify how much community property most likely goes to each partner.
Get Help with Your Divorce from A People’s Choice
You don’t necessarily need a divorce attorney by default for any divorce. However, you may want to talk with a divorce lawyer if your divorce is turning out to be contentious or complicated. Listed below are some of the more specific reasons why you should do so:
- You disagree with your spouse concerning what to do with a house or business you possess.
- You have a great deal of community or separate debt and may even be facing bankruptcy
- You authorized a prenuptial or postnuptial agreement
- Your spouse got into debt or used your assets without your knowledge. For example, they may have a gambling debt or have spent their community money on a relationship with somebody else.
- One or both of you has a retirement plan, especially a pension.
Even if you have a simple or uncontested divorce, divorces are not easy. It takes a lot of mental preparation to start the process, and even the question “what is my wife entitled to in a divorce in California?” can be difficult to answer. We can’t make divorce fun, but A People’s Choice can take some of the burdens off you and help you save some money by assisting with your legal paperwork.
A People’s Choice is not a law firm. Instead, it is a legal document preparation service started by an experienced lawyer, We can’t give you legal advice, but we can help you file your paperwork at a fraction of the cost of an attorney. Contact us to get started today!
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