Husband and wife have the same rights in a divorce. This means that the laws with regard to divorce do not discriminate with regard to the sex of the parties or their roles in the marriage.
California is a community property state. In this regard,real estate as well as assets and debts that were acquired during the marriage are considered equally shared. Sometimes there are grey areas in the community property rule. An experienced divorce attorney can determine what is reasonable when there are questions or disputes over what constitutes community property.
California is also a ‘no fault’ state. This means that extramarital affairs are not considered in a divorce. It also means that one party or the other does not need to find fault in order to divorce. The most common reason for divorce in California is simply ‘irreconcilable differences’ which simply means that the parties do not get along.
The issues that are commonly involved in a divorce are spousal support, child custody and support as well as division of assets and debts. Child support, if needed,depends on a number of factors such as the income of both parties as well as time spent with the child. Spousal support may be awarded based on need and differential in income as well as other factors. For a marriage over 10 years, spousal support may be awarded until death or re-marriage. It’s important to speak with an experienced divorce lawyer in order to understand legal rights and options.
From our office in Glendale, CA, Legal Action Workshop helps people throughout California including Los Angeles County, and from San Diego all the way to Sacramento. Consultations can occur in our office or by phone, whichever is most convenient. The laws with regard to divorce are the same throughout the state so we offer advice, oversight and paperwork prepared & filed in the appropriate California court.
To speak to one of our attorneys, please call us at 1.800.435.7444 or contact us here.
I want to know what I’ll be getting myself into if I marry a divorced man? what am I entitled to if his first wife clamed his benefits at the time of the divorce?
Elizabeth:
If you have detailed questions with regard to assets that your soon-to-be-spouse may or may not have then it is best to have a consultation with a family law attorney. That said, your spouse to be may be paying spousal support and/or child support which will come out of his income. However, assets accumulated during your marriage would have nothing to do with a former marriage. Certain benefits have to do with time periods such as how long he was married to the first wife.
Hope this helps!
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My husband has chosen to leave our 6.5 year long marriage and is set to retire in 9 months from the USPS. His previous wife has already obtained a QDRO for 25 years of marriage from his pension and I wish to do the same. I realize I will need to have this QDRO calculated for the last 6.5 years. Additionally, he was working and helping support me during this Covid-19 shutdown since I have no work. Would I be entitled to some spousal support at all?
It sounds like you could ask for spousal support. There is temporary support which could be requested while the divorce is in progress and then there is a permanent order for a specified period of time. Spousal support is based on a number of factors. We could explain what is reasonable in your circumstance. It’s always best if you and your spouse can be cooperative and agree on a reasonable amount and a timeframe that would work. If you wish to discuss further, please call us @ 818-630-5503.
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I have been with husband 38 years. In California We filed for legal separation early in our marriage and separated 1 year. Have lived together 37 years joint banks joint on 3 homes and joint on business. If we divorce are we married and split 50 50 or does separation mean otherwise.
Beth:
Most people who file for a legal separation have an agreement that separates all assets. I’m not sure why you had a legal separation? After the legal separation it appears that you purchased homes and a business which sounds like community property assets. It would be best to make a time to speak to the attorney to determine your rights if you wish to divorce at this time. Please call our office @ 818-630-5503 to discuss.
Thank you for contacting Legal Action Workshop!
Hi,
Is a spouse entitled to something after three years of marriage in California? For example, would bring married for 3 years strengthen any argument or situation in the eyes of the court?
Chandra,
Are you suggesting that you may want spousal support? A divorce is from the date of marriage to the date of separation. Did you purchase an asset such as a house or condo during the marriage? It would be best to call us @ 818-630-5503 to discuss your concerns.
Thank you for contacting Legal Action Workshop!