Is California A 50 50 state when it comes to divorce?

Is California A 50 50 state when it comes to divorce?

Since California is a “Community Property” state, all marital property will be divided in a 50-50 fashion according to the court unless agreed to otherwise by the divorcing spouses. This means that everything that is considered “up for grabs” in the dissolution will be distributed equally to each spouse.

Can a spouse kick you out of the house in California?

In California, it is possible to legally force your spouse to move out of your home and stay away for a certain length of time. One can only get such a court order, however, if he or she shows assault or threats of assault in an emergency or the potential for physical or emotional harm in a non-emergency.

Can I make my husband move out of our home?

In the event of a family law separation, both parties are legally entitled to live in the family home. It does not matter whose name is on the ownership of the house. There is no presumption that the wife or the husband has to leave the house. Under the law, you cannot kick each other out.

Does my husband have to support me if we separate?

Under the Family Law Act, a legal or de facto spouse may claim spousal maintenance after separation. If a spouse is entitled to spousal maintenance, the spouse with the higher income must provide him or her with financial support. This may be paid periodically or as a lump sum, depending on the circumstances.

Does staying together for the kids work?

Is it always best to stay together for the kids? The short-term answer is usually yes. Children thrive in predictable, secure families with two parents who love them and love each other. Try your best to make your marriage work, but don’t stay in an unhappy relationship only for the sake of your children.