Domestic violence is usually addressed only when it involves an act of physical violence, but many survivors reveal that they suffer as much from verbal and emotional abuse as from physical abuse. If you have been the subject of physical, verbal or emotional abuse in your marriage and you have questions about the impact of domestic violence on dissolution of marriage, contact a California family law attorney to help you sort out the issues.
Valuable Divorce Information
The dissolution of a marriage can be a difficult experience. With so many details to be addressed during your divorce proceedings, the assistance of an experienced lawyer can be vital to helping your family find the closure needed to move on with your lives. At the Law Offices of Sterling C. Johnson, I offer caring and compassionate divorce representation to clients throughout the San Rafael, California, area.
To better serve you, I have provided an informative divorce database below. Contact my office online or call 415-233-6136 or toll free 877-761-4947 to schedule a free consultation to discuss your specific needs in greater detail.
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Guiding your family through a divorce can be a difficult task, both emotionally and legally. At the Law Offices of Sterling C. Johnson, I leverage more than 30 years of experience as an attorney to address the various details related to your divorce in an effort to guide you on to the next chapter of your life as smoothly and painlessly as possible. Contact my office to learn more.
At the Law Offices of Sterling C. Johnson, I offer caring and compassionate guidance throughout the divorce process. To discuss your specific divorce concerns, contact my office online or call 415-233-6136 or toll free 877-761-4947 and schedule your free consultation today.
Division of Property
Community Property
California is a community property state. California defines community property as all that property, both real and personal, which a married person living in the state acquires during the marriage. This includes property that is located outside the state as well as within the state. With the exception of separate property, no matter how property is titled, and, in the case of income, no matter who earned it, if it is acquired during the marriage it is considered part of the marital community estate. Upon dissolution of the marriage, community property, absent an agreement between the parties, is divided equally between them. However, an absolute equal division of each asset would not be possible or even reasonable in many cases. For example, to achieve an equal division of every asset would require sale of each asset and division of the proceeds. For many families, forcing sale of the family residence at the time of the dissolution can cause disruption to the family and result in even more inequity than awarding the residence to one spouse while awarding another asset of equal value to the other spouse. As a result, valuation of properties may become one of the major points of dispute between parties.
Separate Property
California law sets out exceptions to what is included in marital community estate. The exceptions include property acquired by a spouse prior to the marriage and property acquired by a spouse during the marriage by gift or inheritance, and the rents, proceeds, or profits generated by separate property.
Mixed Property
While it is usually clear what is considered community property, and what is definitely not community property, disputes often arise over the classification of property. The classification of property can change during the course of the marriage. For instance, one spouse may own a home prior to marriage. After marriage, however, the home becomes the family residence, mortgage payments are made from income acquired during the marriage, the home is refinanced, and several improvements and updates are made. It is likely the home would no longer be considered separate property and would be divided as an asset of the community estate. In complex situations such as this, resolution of a property classification matters requires the assistance of legal counsel experienced in California community property law. The family law attorneys at Law Offices of Sterling C. Johnson in San Rafael can assist you in resolving your property division issues.
Marital Agreements
Spouses or prospective spouses may make agreements as to the classification of property both prior to the marriage and at the time of dissolution.
Prenuptial Agreements
In California, agreements made prior to marriage, or pre-nuptial agreements, must conform to certain requirements that protect either party from coercion to enter into an unfair agreement. For instance, the parties must each be represented by independent counsel or must have waived in a separate writing the right to have independent counsel.
The use of prenuptial agreements is becoming more common. This is true not only in situations where the parties may have large estates acquired prior to marriage, but also in the instance of spouses who have children from prior relationships. A couple contemplating marriage, each of whom has children from a prior marriage, may wish to ensure that their own children receive their rightful share of the property.
Postnuptial Agreements
Married couples may also make agreements regarding the classification of property subsequent to their marriage. Enforcement of an agreement, if disputed, will likely hinge on the validity of the agreement; whether it appears that the parties each had full disclosure of assets, whether there is any evidence of duress, and whether the agreement is fair to both parties.
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