FAMILY LAW
What are the grounds for divorce in the state of California?
California was the first state to implement the no-fault divorce concept. In California, dissolution of marriage (divorce) can be granted if the court finds there to be irreconcilable differences that have cause an irrevocable breakdown of the marriage. This means that if a married person wishes to terminate the marriage, he/she can do so, even if the other spouse disagrees.
What is community property?
California law defines community property as any asset acquired or income earned by a married person while living with his or her spouse. Separate property is defined as anything acquired by a spouse before the marriage, or during the marriage by gift, devise or bequest. The law requires that the community estate be divided equally if there is no written agreement to the contrary. This means that from the total fair market value of the community assets, the joint obligations of the parties are subtracted, yielding the net community estate. Unless agreed otherwise, each spouse must receive 1/2 of the net community estate.
How is community property divided?
The law does not require an in kind division of the community property. All that the law requires is that the net value of the assets received by each spouse must be equal. It is not uncommon for one spouse to be awarded the family residence, and the other spouse the family business and investment real estate. As long as the total net value of the assets being received by each spouse is equal, such a division is considered proper by California law.
Can I get part of my spouse's pension and employment benefits?
To the extent that a married person accumulates an interest in a pension, retirement, profit sharing or other employee benefit plan during the marriage, it is community and subject to division in the divorce. The law gives the judge the power to award a spouse his or her pension plan, based on its present value, or to reserve jurisdiction to award each spouse a proportionate share of the benefits when they are paid.
How do courts award the family residence?
Where minor children are involved, the custodial parent is normally allowed to live in the residence with the children for a specified period of time after the divorce is finalized. During that period of time, the spouse who lives in the home is usually required to make all mortgage, property tax and homeowner insurance payments when due. The house must be sold when: there are no children living at the property, the youngest child attains the age of majority, or at any date agreed upon by the parties or specified by the court.
Can the other parent be required to include our child(ren) under the group health insurance available where he/she works?
Yes. Health insurance must now be included in any child support order if the medical coverage is available at a reasonable or no cost.