What is considered marital property in a divorce?

What is considered marital property in a divorce?

Marital property includes all property either spouse bought during the marriage. It does not matter whose name is on the title. For example, if a couple bought a home, but only the husband’s name was on the deed, the wife would still be entitled to some of the value of the home if they were to get a divorce.

Can property acquired prior to marriage be divided upon divorce?

Separate property belongs to the spouse who owns it and is not generally divided in a divorce. California law also provides that property spouses acquire before a divorce, but after the date of separation, is separate property.

Does the wife always get the house in a divorce?

In most divorces, the marital home is a couple’s biggest asset. It’s also the center of family life and often serves as an anchor for families with minor children. If a judge determines that the marital home is one spouse’s separate property, the solution is simple: the spouse who owns it, gets it.

Does it matter which spouse files for divorce?

California is a “no-fault” state when it comes to divorce or legal separation. It does not matter if you are filing for divorce because your spouse cheated on you, or because you just don’t get along anymore.

What happens if my spouse contests the divorce?

State and local rules may vary, but generally, if your spouse failed to respond to your divorce petition within 30 days, you may file a request to enter a default along with a proposed judgment. It may also be allowed when a spouse can’t be located for service. The court will set a hearing date and ask that you appear.

What happens when one spouse files for divorce?

At the end of the case, a judge will sign a document that finalizes everything, including custody and parenting time issues, division of property, division of debt, child or spousal support, insurance, and any other issues in the case. This document is called a Judgment of Dissolution of Marriage.