You and your spouse have decided to get divorced and are at the stage where you’re beginning to divide the property you own together. It is natural to wonder who gets the wedding ring. The wedding and engagement rings are not only a significant asset in many cases, but they tend to be sentimental as well.
California is a community property and a separate property state. Community property is anything of value you acquired during your marriage. Separate property refers to assets you owned prior to getting married and inheritances and gifts that one spouse received during the marriage or acquired after the date of separation.
Under these laws, the recipient of the ring is considered the owner as it is considered a gift they received prior to the marriage. An exception may be made for family heirlooms. The giver of the ring or rings can request that they be returned after a divorce should they qualify as a family heirloom.
The divorce process
Because wedding rings can be quite valuable, they are considered during the process by which the couple is dividing assets. But first, several steps must be taken in order to comply with the legal requirements necessary to initiate your divorce. It’s important to understand all of the compulsory legal procedures. This will help adjust your expectations regarding how long divorce takes.
In California, there is a mandatory period of at least six months between when divorce papers are first served, and when the divorce is considered complete. The actual length of time it takes depends on whether or not one party contests the divorce, in which case the court process can take much longer.
The goal of the JWB Family Law attorneys is to facilitate the smoothest and quickest divorce process for you and your spouse. We do this through promoting mediation: the least adversarial method, whenever possible.
Your personal plan
When considering how long it takes to get a divorce in California, although the minimum is six months, the length of time can be longer if the divorce is contested by one party or the two parties are unable to come to an agreement on big issues such as asset division, custody, and spousal support. Before choosing a divorce attorney, find out what their philosophy is regarding how to settle these difficult issues.
If you are interested in working toward a fair and equitable settlement without dragging your case through the courts, choose a San Diego divorce attorney, such as those at JWB Family Law, who has an excellent track record of reaching agreements through mediation. The process will be less time-consuming, less expensive, and less emotionally draining than taking the litigious route.
The Importance of the CFLS Designation
A Certified Family Law Specialist, or CFLS, is an attorney who has obtained certification in the standards of California family law and demonstrated optimal legal competence. Attorneys who obtain this certification have specific expertise in all aspects of family law, which includes divorce or the dissolution of marriage, child and spousal support, child custody, and temporary restraining orders, among other areas of emphasis.
Not every attorney practicing family law has obtained this certification. In fact, the designation remains relatively rare—there are fewer than 2,000 CFLS attorneys in California and fewer than 200 in San Diego.