California is a community property state. What that means in terms of your San Jose divorce is that marital assets are split 50/50 by the court. Under these circumstances, it is especially important to know the true value of all of your property when seeking a...
Property Division
Who gets the dog in the divorce?
Prior to 2019, when then-Gov. Jerry Brown signed a bill into law, pets were treated as simply property to be divided in a divorce. While the new law did not elevate your dog's or cat's status to that of a child in a divorce, it does give family law courts criteria to...
Tips for dividing community property
Splitting your community property in your San Jose divorce can be quite stressful and expensive to litigate, That makes it even more important to negotiate for the items that will be especially helpful to you going forward once you are single.Read on for some tips...
Debts as well as property get divided in divorce
When you file for a California divorce, you probably know that you will be dividing your community property. But don't forget about the other things that also must be split — the shared debts.While it is never pleasant to haggle over property settlements, at...
Splitting an IRA in divorce after getting distributions
People in San Jose who get a divorce and who need to split a defined benefit pension plan or a qualified retirement plan need a document known as a qualified domestic relations order. If they have retirement savings in an IRA, they simply need a copy of the divorce...
Are debts divided differently from property?
As we discussed earlier, California is a community property state. This means that all property obtained during a marriage is considered jointly owned, with some exceptions. In community property states, the property is divided as close to equally as possible. But...
What is community property division?
In San Jose, divorcing couples like you will have to figure out how you want to divide your property. California is a community property state, meaning almost anything acquired during the duration of the marriage is considered jointly owned by both parties and is...
How to separate finances
When California residents get a divorce, they may only think about separating their physical belongings when they begin to divide their property. However, it is just as important to divide finances, especially as this may be more complicated.People usually have to set...
Assets, debts and your divorce
People in California who are married and make the tough choice to get divorced might wonder how the state's laws about community property might impact their divorce. Some may feel this could be a good thing for them as it means assets obtained during the marriage...
How can you avoid dividing 401(k) plans during divorce?
Your retirement accounts are not all yours when it comes to California divorce law. If you or your spouse have a significant 401(k) or IRA investment, it would probably be divided. This is one of the most frequent sources of contention between divorcing spouses, but...