Sacramento Family Law Blog

The process of getting divorced can certainly deal an emotional blow to both people involved. However, it can be just as detrimental financially. Here are some tips for reducing the negative financial effects of divorce in California.

Before starting the divorce process, individuals may want to collect information about their finances. For instance, they ideally should know how much they have in assets, where these assets are located and how much debt they have. This information can be helpful for determining the best course of action to take when it comes to splitting assets or requesting alimony, for example. Without this information, divorcing individuals could easily make mistakes that might cost them exponentially down the road.

Financial support is a significant concern for spouses seeking it during their divorce. It is also likely a significant concern for the spouse that would be paying support following the divorce. Because spousal support is important to both spouses during the divorce process, it is helpful for them to understand how it is calculated in California.

Spousal support may be awarded in California after the court considers a number of factors. Factors the family law court may consider when determining spousal support include the length of the marriage or domestic partnership; the standard of living the couple enjoyed during the marriage or domestic partnership and the needs of each of the spouses or partners based on that standard of living; the ability of each of the spouses or partners to maintain that standard of living including their earnings and earning capacity; the age and health of the spouses or partners; and the property and debts of the spouses or partners.

The division of property is usually a paramount issue during the divorce process. It is helpful for divorcing couples in California to know, understand and be familiar with the rules concerning this process in California so they can anticipate how their property division concerns will be handled and property divided.

California is considered a community property state, which means that marital property is owned jointly by the spouses. This can have a significant impact when property is being divided during a divorce. Marital property includes property and assets acquired during the marriage. This is important because marital property is subject to the division process but separate property is not. Examples of separate property can include worker's compensation benefits or personal injury awards, inheritances and gifts and property one spouse entered the marriage with.

There is a common perception that determining the amount of child support that must be paid by one parent to the other will be a contentious process. However, that is not always the case and many parents can come to an agreement on their own. Provided they adhere to the guidelines or agree to deviate from it, the court will generally allow the agreement if it is in the child's best interests.

Still, there are aspects that must be understood regarding an agreement. One aspect is filling out the Stipulation to Establish or Modify Child Support and Order. Knowing why this form must be filled out and what to do with it after it is completed is a fundamental part of a case. The form provides a roadmap of the issues that must be settled when agreeing to a child support amount.