Family Law Lawyer In San Diego

All assets acquired throughout a marriage is considered community property in California. If both parties agree, a couple may split their property however they see fit. However, in the event of a dispute, the court will probably split up all marital property equally, or 50/50, and allocate it accordingly. Property obtained prior to marriage or through inheritance is typically considered separate property. However, the distinction between community and separate property isn’t always clear-cut.

A prenuptial or postnuptial contract can also specify who will receive which asset in case of a divorce.

If you want to request support during the divorce process, you must do so as soon as possible, ideally at the time of the initial filing. Need is one of the aspects of family code 4320. If you wait a very long time to demand spousal support—say your divorce takes two years—the court is unlikely to conclude that you require it when you do. So, if you need money, whether you’re the wife or the husband, file a request for it immediately.

In all divorce cases, the California law enforces a 6-month regulatory time period. As a result, you cannot obtain a divorce decree before six months have passed since the Respondent was served with the Petition for Dissolution. But many cases will be resolved before the six-month mark.

You may have a divorce judgment entered that specifies a future date for the marriage to end if your case is settled before the 6-month timeframe. Upon the implementation of the agreement, all the terms of your settlement, including the division of your assets and debts, child support and custody, spousal support, etc., will take effect. Your relationship status won’t become “single” until the day the judgment is finalized.

Judges are prohibited from favoring a parent for custody in California purely on the basis of gender. The court considers a number of factors when deciding custody disputes to decide which parent best reflects the child’s best interests. These variables could include the child’s preference (if old enough), the parent-child relationship’s quality, and the existence of child abuse or substance abuse, among other variables.