Not all divorces involve children. That does not mean that they are easy. There are still issues that need to be resolved in order for each spouse to move ahead with their own post-divorce plans.
Issues to Resolve in a Divorce Without Children
An overview of issues that must be resolved in any divorce, even ones without children include:
Asset division: California is a community property state. That means that both spouses own all assets that they accumulated during their marriage. This includes retirement accounts, real estate, each party’s earnings during the marriage, and anything they accumulated together.
For asset division, the date of separation becomes extremely important. Property, including cash, that one party acquires after the separation date remains that person’s separate property. If the parties cannot agree on the separation date, there may need to be a court hearing for the court to decide.
Assets include any stocks one party may receive as part of their work earnings. Digital assets also must be identified and valued. This is difficult since the value of cryptocurrency can fluctuate several times a day.
Separate property, property owned by one party prior to the marriage and not commingled with community assets will remain separate property. Any inheritance or money from a personal injury settlement can also be examples of separate property, depending on what the settlement amount was for.
Spousal support: Either party can ask for spousal support, temporary or long term. California Family Code section 4320 lists eight factors the court will consider when fashioning a long-term spousal support order including, but not limited to:
- The earning capacity of each party.
- The length of the marriage.
- The needs of each party.
- The ability of one party to pay support to the other.
- The age and health of each spouse.
Kim Mediation and Law Center Can Help
For help in making your divorce one that focuses on having a respectful and cooperative outcome contact us at Kim Mediation and Law Center. We can assist you to settle your issues through Mediation or Collaborative Divorce.