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b2ap3_thumbnail_property-division_20170314-152211_1.jpgCalifornia is one of the many no-fault divorce states, meaning that no grounds for divorce are required to exist other than one party believing the marriage is beyond repair. Fault states are no longer common and the ones that still require grounds for a divorce require the couple to prove that a spouse did something wrong. In these situations, the faulty party suffered during litigation, especially with property division and custody concerns. Which of the divorcing parties is to blame no longer plagues courts in no-fault divorce states.

How does the court divide the community property?

If fault does not exist, how does one side “win” a divorce litigation case? In states such as California, there is no clear “winner” or “loser”. Even if evidence of adultery or abandonment are brought to the attention of the court, legally this evidence is irrelevant to the case and is not typically considered in the division of community property. A judge determines what is “fair and equitable” by considering all of the debts and assets within the community property, the property attained during the tenure of the marriage. What community property assets and debts is the question. The community property and debts are equally divided between the parties.

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California divorce attorney, California mediation lawyerYour marriage is coming to an end. No matter how long it lasted, this portion of your life changed you. You built a life together, no matter the condition of it. Now you are returning to the single life but a little older, maybe some children, and maybe some items. To get there, all the life that you created needs to be systematically divided. For business owners, there is the additional duty to divide up the company. Will you go into your new life with or without a business?

Business Acquisition

There is no “one size fits all” solution to any property division during divorce. What works for one family will not function for another. Each household situation is as unique and different as a thumbprint. However, there are guidelines and stipulations that a judge would follow, should your divorce require litigation. Most of the emphasis is placed on the acquisition of the asset itself. In the case of a business entity, it is more than just who purchased it and at what point in the marriage it was acquired. Consideration is given to:

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Posted on in Mediation

California divorce lawyer, California mediation attorneyWhen a marriage comes to an end, there are a wide variety of emotions experienced. Grief, anger, and anxiety of the unknown are just a few commonly expressed. While the two separating spouses are deciding how to arrange parenting time with the children and how to divide the assets, there may be another stress over the loss of control of the situation. When emotions run high, the “fight or flight” mode initiates and many people choose to run and let a judge do the dirty work. However, mediation is advisable for those seeking control over their situation.

Losing Control

Once you get in front of a judge, consideration is not typically given to the items you want and the arrangements you request. California is a no-fault state and no matter what happened during the marriage, these events will not be considered. The property splits into community property and separate property. The community property is then divided into two halves, regardless of feelings and how you came into possession of the articles. Judges are meant to be impartial and fair.

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California divorce laws, California divorce attorneyIn California, all property that was obtained during a marriage is known as “community property.” During a dissolution of marriage, also known as divorce, this property must be divided equally between the two parties. However, there is another aspect of property that must be taken into consideration. This is known as “separate property.” What is this and must it also be disclosed during dissolution proceedings? Let us explore the realm of separate property and asset division.

What Is Separate Property?

First, let us discuss how property is actually defined. Property in and of itself is anything that can be bought and sold, such as a house, car or boat. It can also be anything of value. For instance:

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Posted on in Property Division

b2ap3_thumbnail_divison-of-assets.jpgA dissolution of marriage, also known as a divorce, is a very emotional situation. Regardless of whether it is joy, anger, sadness or stress, both sides are very likely to be running on an extreme version of whatever their emotional reaction is. Unfortunately, emotions tend to cloud our logical thought processes, making subjects like dividing up the property even more difficult. Yet, countless couples overcome these obstacles on a daily basis, and we assure you that you will, too.

Your Checklist

Every divorce is different, however, the property list is nearly always fairly similar. While your actual checklist may vary from the following list slightly, some of the major highlights could still be present. Here is a list of assets that divorcing spouses should discuss in terms of how they are willing to divide them:

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