What to Expect Out of a Divorce in California

You’ve been served divorce papers, and you’re not sure what to do next. Navigating a divorce can be stressful and confusing due to the emotional implications of the process alone. Moreover, every divorce is different, so it can be difficult to know what to expect out of the process. Depending on the unique facets of your marriage, divorce settlements can involve any number of terms and conditions.

Common Terms for Divorce Settlements in California

Divorce settlements can vary depending on the details of the marriage and the reasons for divorce. You are likely to discuss the following for your divorce settlement:

• Assets and debts
• Child custody
• Child support
• Spousal support

Assets and debts. Part of your divorce settlement involves dividing all assets and debts that you shared in the marriage. This includes things like property, vehicles, bank accounts, pensions, 401(k)s, and more. It’s important to note that property can refer to debts, too.

In an uncontested divorce, you and your spouse can determine how to divide everything and have a judge approve the final decision. If you can’t come to an agreement, the judge can decide for you in court.

In California, only community property is divided in a divorce. This refers to property that you owe or own together. Separate property is any asset or debt that each spouse owns or owes individually.

Things like bank accounts, big purchases, and retirement plans can often be part community, part separate property. In these cases, it’s wise to work with a California divorce lawyer to better understand what happens to everything in a divorce.

Child custody. When children are involved in divorces in California, the law aims to make decisions based on their best interests. The court ultimately takes into consideration the child’s general welfare, health, and safety to make the right choice for where they live.

Many divorce settlements involve drawing up a plan for some form of joint custody. This means that the parents agree on a schedule to watch their child together but separately. In some cases, a spouse may seek sole legal custody. This is more common if the divorce case involves some form of abuse or neglect, or if one parent is clearly more equipped to care for the child.

Child support. Along with determining custody, it’s also important to establish if one parent needs to supply the other with child support. The court typically uses both parents’ incomes and other aspects of their financial situations to determine child support payments.

Spousal support. Spousal support can be granted during the divorce proceedings or in the final settlement or judgment. This is common in cases where one spouse makes significantly more than the other.

Not all divorce cases end with spousal support being a part of the agreement. Depending on your situation, a judge may decide to order an amount for one spouse to pay the other, reserve spousal support as a potential future order, or end the court’s time of being able to award support, depending on your situation.

Ordering spousal support is typically common in divorce cases where one partner makes significantly more money or if the marriage is long. You and your spouse can agree on an amount that is to be paid, or you can leave it up to the judge.

A Look at Divorce Rates in California

The divorce rate in California has been around 7.45 percent in recent years, which is fairly low when compared to other states. The marriage rate in the state is approximately 5.7 per 1,000 people, which is also slightly below the national average. That said, divorce is still a relevant legal process that many Californians face.

There are approximately 13,434,847 households listed in California from 2019 to 2023, with an average of 2.86 people living in each home. When the families living in these homes separate, it’s important to understand how the rest of their lives are to be divided, too.

FAQs

Q: What Types of Property Are Divided in a Divorce in California?

A: In a divorce, only community property is divided between spouses. You can come to an agreement on your own and settle outside of court, or you can have a judge determine how everything is split based on your financial situation and more. Community property refers to all assets and debts that you both own and owe together. Separate property is anything you own or owe alone.

Q: What Is a 50/50 Divorce State?

A: California is a 50/50 divorce state. This means that in most divorce cases, all community property, assets, and debts shared between spouses are divided equally between the two parties. This can include everything from bank accounts to real estate to vehicles. It also applies to all shared debts. Prenuptial and postnuptial agreements can override the 50/50 law, depending on the terms.

Q: What Do I Do If My Ex-Spouse Isn’t Paying Spousal Support in California?

A: In California, there are a handful of ways you can enforce a spousal support order if your ex-spouse is refusing to pay. You can file a motion to enforce the order, file a motion of contempt, request income withholding to receive payments directly from their paychecks or file a Writ of Execution to seize personal property to satisfy the spousal support payments.

Q: How Much Child Support Is Decided in a Divorce in California?

A: A judge determines the amount of child support to be paid based on both parents’ monthly incomes and the child custody arrangement in place. The time each parent spends with the child is important for finalizing payment amounts. All income is taken into consideration, including bonuses, commissions, interest income, rental income, pensions, tips, wages, and more.

California Divorce Attorney

At Bickford Blado & Botros, we’re committed to facilitating your divorce proceedings so you can focus on opening this next chapter of your life on a positive note. If you need legal advice about a divorce case, reach out to set up an appointment with our team today.

 

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858-793-8884