Divorce is something that you probably never thought you would end up going through. Now that your relationship is ending with your spouse, you have to figure out how to divide everything evenly without causing yourself financial distress. Separations are often tricky, especially when there is so much at stake.
If you face an impending California divorce, you may wish to familiarize yourself with the acceptance of benefits doctrine. Why? Because it could impact if and to what extent you may be able to modify your court-approved property settlement agreement after your divorce.
If your California marriage or registered domestic partnership is considerably less than ideal, but you are not yet ready to face the prospects of a divorce, you may wish to consider a legal separation. As FindLaw explains, it may help you psychologically to think of a legal separation is a marital timeout.
Parents who separate or file for divorce in California face the difficult task of determining custody of the children. While some parents are able to work out an agreement between the themselves, others require the involvement of a court-appointed judge to determine custody in the best interest of the child. Traditionally, sole-custody is given to one parent, usually the mother, to enforce stability in a child’s life. However, studies show that joint-custody situations may be more beneficial to children.
Filing for divorce in California can be an emotional ordeal. In addition to dealing with issues involving child custody, alimony and child support payments, you’ll have to separate the community property that was accumulated during the time you were married. Also referred to as marital property, community property, consists of a myriad of different items and assets. Some you may not have thought about when it comes time to negotiate the terms of the divorce settlement. By understanding what constitutes community property, you can ensure you receive everything you are entitled to in the settlement.