Navigating any legal situation can be challenging and stressful, but there’s something uniquely grueling about divorce: it’s not just that it hits close to home, often it’s literally the home that’s at stake. The emotional weight of divorce can be exhausting enough. But when you factor in the added weight of trying to understand the legal components – like the jargon, the process, the laws of your state – it can become paralyzing. Making an informed choice of the right divorce lawyer in California to represent you can and should significantly lighten the load.
For women facing divorce, studies continue to indicate there are special aggravating considerations. Despite progress in other areas, it appears that women continue to avoid conflict due to various factors like socialization and cultural expectations. Certainly not all women, but for those who do, asking for what they deserve can feel like a massive and overwhelming confrontation. Happily, California is a community property state. In fact, in 1850, it was one of the very first in the nation to become so. A community state is a state where each spouse is entitled to half the assets acquired during the marriage. Any good family law attorney in California will tell you that the state does not distinguish between gender, income, or the name on the title to the house you bought and shared while married. So whether you’re the husband or the wife or one of two husbands or wives, you’re both entitled to exactly the same thing: 50% of whatever was earned or acquired during the course of the marriage.
Now, there are individuals, both men and women, who will be reading that thinking: ‘That’s unfair! What if you’re the one who earned all the money?’ Amy Laughlin, Founder and Partner at Laughlin Legal in San Mateo, has heard that question many, many times. “There are two very common misconceptions most people hold regarding what belongs to whom. The first relates to income. Most people believe that what you earn during your marriage is your own. You put it in your own separate account, use it to buy things that are important just to you, and you talk about it as ‘my money’ or ‘my retirement.’ But it’s not yours. It belongs to the community, meaning you and your spouse.”
And what about debts? Ms. Laughlin continues, “The second big misconception is that if you weren’t the one who had a gambling habit, or if it wasn’t your idea to invest in luxury vehicles, the resulting debts belong to the spouse who incurred those debts. Not so. Just like assets accumulated during the marriage, debts are also shared 50/50.”
If you’re wondering if there is any way around carrying the burden for 50% of your spouse’s bad habits, the answer is yes and no. Ms. Laughlin, again… “More and more often, mental health plays a significant role in the dissolution of a marriage. We had a client whose spouse had been diagnosed with bipolar disorder before they were married. During a manic crisis, his wife bought a $1M yacht without consulting him. Crushing. But he still loved her and was trying to get her help. We suggested they do a legal separation in California so all community assets and debts would be divided. In other words, he was responsible for 50% of the yacht, but it stopped the bleeding. Though they were still married, they were financially separated, so she could do whatever she had to do with her half of their assets without threatening his half.”
California lawmakers have done their best to make divorce an equal and seamless procedure. However there are exceptions to the community state laws that can complicate the process.
The even division of assets and debts during a California divorce is not appropriate when separate property is involved. Separate property is any asset or liability that belonged to one of the spouses prior to their marriage or acquired after the date of separation. Separate property can also take the form of a gift or inheritance that’s received before or during the marriage. In either case, the owner of these separate assets is exempt from including them in the 50/50 split with their partner.
Prenuptial and postnuptial agreements can also alter property division in a divorce in California. A prenuptial agreement is a contract between two people before marriage that outlines how assets and financial matters will be handled following a divorce or death of one of the spouses. A postnuptial agreement is a similar contract, but it is created after the couple has already wed. Both documents can include deviations from California’s community state laws. Once signed they become a legally binding document stating that both parties agree to the rules they created together (provided they meet legal standards) even if the document contradicts community laws.
Even in a state like California, where community laws appear to make divorce a bit easier, each case has its nuances that can transform an otherwise straightforward divorce into a complex one. Contacting an experienced family law attorney can help enforce the legal rights of wives in California divorces… and their spouse’s rights, too!
If you or someone you love is headed for divorce or considering divorce mediation services in California, learn more about how Laughlin Legal’s divorce attorneys can best represent you and your values. Call us now at 650.343.3486 to schedule a consultation with a Laughlin Legal divorce attorney. If you’d prefer, you can email us to set up your appointment. If we miss your call, we will respond promptly and call you back as soon as possible.
Laughlin Legal Family Law Group
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