Divorce is hard, no matter what the reason is. It’s a process that is full of paperwork, emotional turmoil, and difficult conversations. If you’re a wife going through a divorce in California, by understanding California’s divorce laws, you can be prepared for what’s to come.
Spousal Support
In California, there is no guarantee that a wife receives spousal support after a divorce. However, the court considers many factors when making a decision about spousal support, including:
- The length of the marriage
- Each spouse’s earning capacity
- The standard of living during the marriage
- The age and health of each spouse
- The specific monetary contribution of each spouse in the marriage
The court may also consider any history of domestic violence when deciding about spousal support. Any combination of these factors can be used to determine if spousal support should be awarded and, if so, how much.
Property Division
California is a community property state, which means all property and debts acquired during the marriage and is owned jointly by both spouses.
This includes items such as:
- The family home
- Cars
- Savings accounts
- Retirement accounts
- Investments
- Debts
The court divides these assets equally between the two spouses in a divorce. The court may also award one spouse a greater share of the community property if there is a good reason to do so, such as one spouse contributing more to the marriage or one spouse needing more support after the divorce. These scenarios are left up to the judge’s discretion. It can be a complex process to determine the value of all these assets, so it’s important to have an experienced attorney on your side to assist with property division and estate planning after divorce.
Child Custody and Support
If you have children with your spouse, the court will also need to make decisions about child custody and support. In California, joint legal custody is the presumption, which means both parents have a say in major decisions about the child’s life, such as education and health care. The court also considers which parent should have physical custody of the child, taking into account things like work schedules and each parent’s ability to provide a stable home life.
Child support is based on a number of factors, including each parent’s income and how much time individual parents spend with the child. The court also considers the needs of the child when making a decision about support.
Tips for Going Through a Divorce in California
If you’re going through a divorce in California, there are a few things you can do to make the process a little easier on yourself:
- First, try to come to an agreement with your spouse about as much as possible. This can help to avoid a lengthy and costly court battle.
- Make sure you understand all of your rights and what you’re entitled to under California law. This allows you to negotiate a fair settlement with your spouse.
- Spend time with a therapist or counselor to help you deal with the emotions of divorce. The divorce process can be an immensely difficult time, and it’s important to have someone to talk to.
- Collect all the paperwork you need before filing for divorce. This includes things like tax returns, bank statements, and asset valuations. This helps to make the process go more smoothly.
- Any evidence you have to support any claims you make in your divorce, such as evidence of infidelity or abuse, should be gathered and kept safe. Those details can help to back up your claims in court.
- Do not go through this process alone. Hiring an experienced divorce attorney can give you the best chance of getting what you want out of your divorce.
These are just a few things to keep in mind if you’re going through a divorce in California. Following these tips can help to make the process a little easier.
How Can a Divorce Attorney Help?
If you’re going through a divorce in California, the best thing you can do is hire an experienced divorce attorney. A divorce attorney can help you:
- Understand your legal rights and what you’re entitled to under California law.
- Negotiate a fair settlement with your spouse.
- Gather the evidence you need to support your claims in court.
- File the necessary paperwork and navigate the court system.
- Protect your interests throughout the divorce process.
- Provide necessary comfort and compassion throughout
What Qualities Should You Look for in a Divorce Attorney?
When you’re looking for a divorce attorney, it’s important to find someone who has:
- Education. A good divorce attorney should have a degree from a reputable law school, and they should be licensed to practice law in your state.
- Experience. Look for an attorney who has experience handling cases like yours. If you have complex assets, for example, you’ll want an attorney who has experience dealing with asset division in divorce.
- Compassion. A divorce can be a difficult and emotional time. Look for an attorney who is compassionate and can be there to support you through the process.
- Communication skills. It’s important to find an attorney who can communicate effectively, both in writing and in person. This helps to ensure that your case is handled efficiently and effectively.
- Unmatched negotiation skills. You want an attorney who knows how to negotiate and can fight for what you want. Language is key in any contract, and you want someone who knows how to use it to your best interest.
Finding the right divorce attorney is crucial to getting the best possible outcome in your case. Be sure to take your time and find an attorney who meets all of the above criteria.
Contact McCunn Law Today
If you’re going through a divorce in California, McCunn Law can help. We are a team of experienced divorce attorneys who are ready to fight for your rights and help you get the best possible outcome in your case. There are a number of various entitlements a wife is legally entitled to in a California divorce. We work to ensure you are well taken care of and receive everything to which you are legally entitled. Contact us today to schedule a consultation and begin the process of moving on with your life.
