Coming to terms that you want to divorce your spouse can be a very hard and agonizing decision. Divorce is a serious matter that requires a lot of thought and planning up front in order for you to fully understand and consider all of the consequences that come from a divorce. Because California is a community property state, there are additional considerations that need to be taken into account because it could severely impact how your divorce is settled. If you are contemplating getting a divorce, you should consider taking the following steps before filing:

 

A divorce checklist.

1)   Understand the concept of community property – Since California is a community property state, all of your assets will be divided under this theory. A couple’s community property is all property that was bought or acquired during the marriage, including debts. Property acquired as a gift or inheritance does not count as community property. You can usually tell if the property will be considered community property by the source of the money that was used to buy it. Under the community property theory, each spouse owns one-half of the community property and each is responsible for one-half of the community debt. For example, the money you earn each paycheck is considered community property. If you used this money to buy something for yourself, it may still count as community property.

 

2)   Take an inventory of all of your assets and debts – it is important to make two lists of your assets – one for your community property assets and another for your separate property assets. If your spouse is normally the one that handles all of the financial matters, it is extremely important to bring yourself up to speed and gather as many documents as possible related to these assets. By putting together this inventory list you may have more community property then your originally thought. If your spouse has a pension plan and any part of the funds in the account were earned during the marriage, you may have a right to part of the money in the pension. It is also important to list all of the outstanding debts that you and your spouse owe to understand the extent of the debts that need to be repaid, which will impact the settlement you receive.

 

3)   Realize that anything you do may be connected to your children – Custody, child support, and visitation are hot topics in divorce and can have a huge impact on the outcome of any divorce involving children. If you are considering a divorce, understand that the time before and during the divorce is crucial to your case. You and your spouse’s conduct can either help or hurt the case you are trying to build. For example, if you move out of the marital home it can affect the chances that you receive a custody determination in your favor.

 

4)   Consult an experienced attorney – once you gather as much information as possible and you feel comfortable with the decision to seek a divorce, you should seek the advice and counsel of an experienced attorney like Jane Wesley Brooks, CFLS, to understand about more complex issues like spousal and child support.
Contact JWB Family Law for a consultation and legal advice if you plan to file for divorce in San Diego.

 

Getting divorced in San Diego County? Call us today. 619.234.6123

Schedule a free 30 minute consultation with JWB Family Law

Categories

Connect With Us

            

Contact

San Diego Office
1620 Fifth Avenue, Suite 600
San Diego, CA 92101

Phone: 619.234.6123

Temecula Office
43537 Ridge Park Dr, Suite 100
Temecula, CA 92590
Phone: 951.297.3871

El Centro Office
300 S Imperial Ave, #10
El Centro, CA 92243
Phone: 760.460.4608

            

Domestic Violence Restraining Orders

A domestic violence restraining order is issued by the court and serves to protect someone from physical harm, continued mistreatment, or the threat of abuse. Such orders are often issued to family members or a member of the household. However, they can be filed...

Important Information on Child Custody

When it comes to family law, child custody is one of the most sensitive and emotionally charged issues. Deciding who will have legal and physical custody of a child can be challenging for everyone involved. It's a complicated process that requires careful...

What You Should Know About Military Retirement Pay

In a United States Supreme Court case, Hisquierdo v. Hisquierdo, the Court noted that federal employee deferred compensation benefits may be governed by federal law when applying conflicting state laws related to community property, so as to prevent “major damage” to...

The Link Between Domestic Violence and Child Custody

Domestic violence can include physical, verbal, emotional, sexual, and psychological actions. Other actions, such as threats or coercive behavior can also be considered domestic violence. Without a knowledgeable domestic violence attorney, it can sometimes be...

October Is Domestic Violence Awareness Month

In October of 1987, Domestic Violence Awareness Month was launched nationwide by the National Coalition for Domestic Violence to generate awareness for domestic violence issues and to connect individuals and organizations that work to combat domestic violence and to...

What Cat Ears Have to Do With Divorce

Quite a bit, as it turns out, and it has nothing to do with how you feel about felines. A study from researchers at the University of Washington shows divorce filings peak at two distinct times of the year – March and August....

FL-150 Forms – What you need to know

A frustrating but mandatory part of the divorce process in California is completing financial disclosure forms. One of these forms is the Income and Expense Declaration (FL-150), which requires both the Petitioner and Respondent to detail their earnings and spending. ...

Who gets inheritance money after a divorce?

Here are examples of community property and separate property:

Child custody schedule options and examples

When you are in a proceeding to decide how to share the custody and visitation of your children, many decisions must be made by you and the other parent on how you will co-parent your minor children. If you are unable to reach an agreement, the court will make a...

What’s worth fighting for in a divorce?

Here are examples of community property and separate property: