Five Things To Know About Your Divorce

If you are thinking of ending your marriage, you probably have a lot of questions. It's hard to know where to start or how your life will be affected by splitting up. This page is dedicated to some of the most important things to know about divorce in California.

1. Either spouse can file for divorce, without permission from the person

In California, one spouse or domestic partner can decide on their own to end the marriage/partnership. No one has to "give you" a divorce. In fact, the other person does not even have to participate for your divorce to go through. You can get what is called a "default" judgment from the court to end the marriage.

2. California is a "no-fault" divorce state

Someone filing for divorce in this state is not required to show that their partner did anything wrong. You simply have to state that the two of you have "irreconcilable differences," the legal way of saying you cannot get along.

3. Community property is split between spouses

California is a community property state, meaning that all property acquired while you are married belongs to both parties. Even if only one person has control over the property or is using it, it is still considered community property until a judge awards it to one spouse.

Some property, such as inheritance money, is considered separate property even if it is acquired during the marriage. In addition, anything purchased using the inheritance money is also the separate property of that spouse.

4. Separation of debt and property can be complex

Division of property in a divorce is often the most complicated part of the divorce process. Mistakes have serious consequences — make sure to speak to a lawyer before filing your papers. This is especially important if you have valuable assets or a significant amount of debt.

5. If your spouse is behaving violently, make a safety plan before informing them of the divorce

Make sure you have a safe place to go when leaving a shared home and make a plan for your finances. If you have to see your ex, meet in a public place and bring someone with you. You can even request for police to accompany you.

You Are Not Alone

Going through a divorce is almost never easy. But the process can be much less stressful with the help of a compassionate attorney. The Law Office of Layla Summers is dedicated to providing you with the guidance you need to move on. Call 424-276-0968 to reach the firm in Culver City, or reach out online to request a consultation.