Can one spouse get everything in a divorce?
Under California's community property laws, assets and debts spouses acquire during marriage belong equally to both of them, and they must divide them equally in a divorce.
What if my spouse filed for divorce first?
If you file first, you control when the divorce gets filed. You can decide to cancel the divorce, as long as she hasn't filed a response. You have until your spouse files an answer to your complaint to cancel the divorce. By filing first you are the plaintiff and she will be the defendant.
Is a lawsuit settlement marital property?
In the eyes of California law, personal injury settlements obtained during the course of a marriage are community property. Thus, a settlement is a marital asset that may be subject to equitable division during a divorce.
How long do you have to be married before you get half of everything?
Divorce After 10 Years of Marriage The amount of spousal support is not equal to half of the paying spouse's wages. It is instead determined based on each spouse's income and living expenses and a host of other factors. Click here to read more about spousal support in California.