Divorce is never easy, and requires difficult decisions and tremendous compromise. There are legal guidelines to consider and to guide the divorcing parties; yet there are many common misconceptions about property division in a divorce. Ann Thomson can offer valuable legal insight to ensure all California mandates are followed throughout the process, and your rights and interests are protected.
One misconception is that if a divorce is sought because one person committed adultery, then the guilty party will lose everything in the divorce. California is a no fault state. Whoever is at fault is irrelevant in the property division process. Fault is not a consideration in property division.
Additionally, it is a common misconception that all property and assets must be divided in a 50/50 split. The total net worth of the couple is the main consideration in the property division. Each person must receive half of the net worth once everything is divided. If a couple owns a home, the home does not have to be sold to be able to divide this asset; other property of equal value must be given to the person who does not get the house.
A couple seeking divorce sometimes believes they must live apart. However, the actual physical separation date does not have to be the same as the date the divorce is obtained. The official date can be before or after the declaration of divorce.
If you find you may need to seek a divorce, you should seek legal help early in the process to ensure your rights are protected. Ann Thomson has the complete understanding of the California divorce laws that will help you finalize the decision with as little difficulty as possible. Divorces are not easy. Allow Ann and her team to guide you. Contact our office today.