Tag: <span>Debt</span>

Community Property FAQ in California - Stockton Divorce Lawyers Divorce

Community Property FAQ: Answers to Common Community Property Questions

If you’re like many people, you know California is a community property state – but what does that mean when you’re getting a divorce? Here’s what you need to know.

Community Property FAQ: Answers to Common Community Property Questions

Here you’ll find answers to our most common questions about community property questions, which might help you with your case. If you have more questions, or if you don’t see the answer you need here, feel free to call us at 209-395-1605.

What is an Example of Community Property?

Any property that you and your soon-to-be ex-spouse acquired during your marriage is considered community property in California. Some of the most common examples of community property include:

  • Vehicles
  • Wages earned
  • Home and furnishings
  • Personal belongings
  • Cookware
  • Art
  • Computers and other electronics

Related: Is California a community property state?

What is the Difference Between Community Property and Joint Tenancy?

Joint tenancy is a type of co-ownership that allows a property owner to keep property in the event that the other property owner dies. Joint tenancy is different from community property – but most married couples hold property as joint tenants with the right of survivorship. The biggest thing to be concerned about? Tax consequences. There might be capital gains issues that you need to know about, so talk to a tax consultant if this applies to your situation.

Related: What is community property in California?

Can Community Property Become Separate Property?

It’s not uncommon for separate property to become partly community property (such as when one person has a house before the marriage but continues paying on it during the marriage). This is called transmutation. If it went the other way, it would also be called transmutation. The only way community property could become separate property is if there was a mistake in classifying the property to begin with. Separate property includes only the property one spouse obtained before a marriage, after separating, and property received as a gift or inheritance during the marriage.

Related: Hiding assets during divorce

What Are Community Property Debts?

When you acquire assets or debts during your marriage, they’re community property. That means you and your soon-to-be ex-spouse own them equally. Even if only one spouse signed up for the debt, it belongs to both of you. You’re both legally responsible for the debt, but you can negotiate with your spouse over debts during the divorce. If you have marital debt, talk to your Stockton divorce attorney about what to do next.

Related: How is credit card debt split in a California divorce?

Can My Husband Take My Car if It’s In My Name?

If you brought a vehicle into your marriage and it was paid for before the wedding, it’s your car – your husband can’t take it. However, if you bought the vehicle (or even continued paying on it) during your marriage, your husband has the same right to the car that you do. Likewise, if he gave you the car as a gift, it’s separate property. You may be able to negotiate with your husband, or you might be able to get the court to issue an order that says you’re entitled to continue using the car during (and possibly after) the divorce. You should talk to your attorney if you’re concerned that your husband will take your car when it’s in your name.

Related: Community property basics in California

How Much is My Wife Entitled to In Divorce?

In California, which is a community property state, both parties to a divorce are entitled to a fair and equitable distribution of their marital assets. One spouse might also be entitled to spousal maintenance (commonly called alimony), depending on that spouse’s ability to provide for him- or herself. All marital assets – and marital debts – are divisible in divorce. However, if you came into the marriage with property you owned, that remains separate and your wife is not entitled to it in the divorce.

Related: Who gets the house in a California divorce?

Are Wages Considered Community Property?

Wages are considered community property in a divorce in California, provided that you earned them during your marriage. However, the wages you earned the week – or even the day – before you physically got married are separate property and your spouse isn’t entitled to a fair and equitable distribution of them. It’s worth noting, too, that community income isn’t only about money. It can include real estate, payments you receive for services, or payments you receive in rents, as well as other forms of income.

Related: Bitcoin and divorce

What is Community Property in Real Estate?

In real estate, community property is typically a home or piece of property that a couple purchased during a marriage. This real estate is divisible in a divorce. Sometimes a house or piece of property is separate (meaning that it belongs to just one spouse), such as when that spouse bought and paid for it prior to the marriage. However, everything the couple purchased or acquired during the marriage is community property – including real estate.

Is Cash Considered Community Property?

Cash holdings, such as paper money, savings accounts, checking accounts and investment accounts, are considered community property if the money was acquired during the marriage. For example, if you opened a checking account (even if it was just in your name) during your marriage and put in money that you acquired during the marriage, that money is community property. As community property, it’s divisible during divorce.

How Are Assets Divided in a Community Property State?

In a community property state, assets are divided fairly and equitably. That doesn’t necessarily mean 50-50, though. When it comes to how assets are divided in a community property state like California, each spouse is entitled to a fair share of everything. That means you’re free to negotiate if you’d like. You might trade two antique vehicles for an empty piece of property in the country, for example, or you might agree that your spouse will pay off your joint marital debt while you get to keep the paid-off house. As long as your agreement is fair to both of you, the judge assigned to your case is likely to sign off on it.

Is an Inheritance Considered Community Property in a Divorce?

In California, an inheritance is not considered community property in a divorce unless it was left to you and your spouse. If it was left to only one of you, it belongs solely to that person – it’s separate property.

Do You Need to Talk to a Lawyer About Community Property?

If you still have questions about community property in California, or if you need to talk to an attorney about dividing your property in a divorce, we’re here to help. Call us at 209-395-1605 to let us know what’s going on – we’ll be happy to schedule a consultation where you can talk to an attorney and get the answers you need.

Prenup in California Divorce

Prenups in California: What You Need to Know

If you’re getting a divorce in Stockton and you’ve signed a prenuptial agreement – commonly just called a prenup – here’s what you need to know.

What is a Prenup in California?

A prenup is a legal document that can help one party’s assets in a divorce. The Uniform Prenuptial Agreement Act covers prenups under California law. The law says that parties to a prenup – in this case, you and your spouse – can agree to things like:

  • The rights and obligations of each party in any of the property, regardless of where or when it was acquired
  • Spousal support if the couple divorces
  • The making of a will, trust or other arrangement to carry out the agreement’s provisions
  • The ownership rights of a life insurance policy’s death benefits
  • Other matters that don’t violate public policy

The content of the agreement can’t be extremely unfair, though – if it is, the judge in your divorce will most likely rule against it.

Related: What is community property?

How Do Prenups Work in California?

Prenup and Divorce in CaliforniaA prenup is only valid if both parties signed it knowing full well what they were signing.

If the court finds that it’s valid, there may still be some parts of it that the court views as unenforceable. For example, if there’s something that’s extremely unfair in it, the court can rule against it.

Sometimes, attorneys can fight against a prenup in court.

Prenuptial agreements made after 2002 are only enforceable if:

  • Both spouses have received complete information from the other spouse about property and finances before signing (meaning the other party was honest at the time)
  • The spouse who agreed to the prenup had at least one week between receiving it for the first time and signing it (that gives the person enough time to have an attorney review it)
  • The spouse who signed it was represented by an attorney of his or her own when signing it, or received full information in writing about the terms and effects of the agreement, as well as having signed a separate document that says he or she did receive that information

Related: Can a lawyer fight a prenuptial agreement in California?

Does a Prenup Protect One Party From Paying Alimony?

Prenup and Alimony in Divorce in CaliforniaA prenup can protect one party from paying alimony. However, in the past, courts have ruled that a waiver of alimony can only be enforced when spouses have pretty equal education and intelligence and who were both self-sufficient when they made the agreement.

If one spouse would need to go on public assistance to live while the other suffered no such hardship, that’s an example of extreme injustice – and the court may elect not to honor that part of the prenup.

Does a Prenup Protect One Party From Paying Child Support?

Prenups cannot address child support. California law requires that both parents are responsible for the support of their children, and the state uses a complex formula to determine how much child support will change hands in a divorce.

Related: Is child support mandatory in a divorce?

What About Property Division and Prenups?

Your prenup might address community property in a way that prevents you from having to divide it. In some cases, things like earnings during a marriage (which are ordinarily divided) can remain separate property. That means the spouse who earned them is the spouse who is entitled to them.

Inheritances and other assets can be addressed, too. For example, a parent with children from a prior relationship may use a prenup to exclude his or her current spouse from inheritance rights – that way, he or she can ensure that any inheritances are divided among the kids, rather than the kids and the spouse.

Do You Need to Talk to a Divorce Lawyer About Your Prenup?

If you’ve signed a prenuptial agreement and you’re getting a divorce, we may be able to help you.

Call us at (209) 546-6870 or get in touch with a Stockton divorce attorney online to schedule a consultation today. We’ll discuss your case, find out about your circumstances and start formulating a plan that gets you and your family the best possible outcome.

 

What is Summary Dissolution in California - Stockton Divorce Lawyers for Marriage and Domestic Partnerships Divorce

What is Summary Dissolution in California?

If you’re like most people contemplating a split from your spouse, you think a regular divorce is the way to go – but instead, a summary dissolution might be right for you.

What is Summary Dissolution?

Summary dissolution is one way to end your marriage or domestic partnership. It’s not for everyone, but for some people, it’s a quicker, less complex way to bring an end to the legal contract you signed with your “other half.”

It’s kind-of a fast-track, and it’s available to all married couples and domestic partners, regardless of gender. You can also use it if you were domestic partners at one time and later married.

Who Qualifies for Summary Dissolution?

Only some people qualify for summary dissolution. You must meet all these requirements to qualify:

  • At least one of you must have lived in California for the past 6 months
  • At least one of you must also have lived in the county where you file for dissolution for the past 3 months
  • You both agree to terminate your marriage or partnership because you have irreconcilable differences
  • You do not have minor children together, and neither one of you is pregnant with a shared child
  • Your marriage or domestic partnership lasted 5 or fewer years from the date you were married or registered as domestic partners to the date that you separated
  • You don’t own any land or other “real property” (like a house or commercial building)
  • Neither of you has built up more than $6,000 in debt since you began your marriage or partnership (car loans don’t count)
  • You must have less than a certain amount in community property (the amount is subject to change, so ask your attorney about the current limit)
  • You both complete and sign a property settlement agreement to divide the community property that you do own together
  • You both agree to give up any rights you may have to spousal support
  • You have both read and understand California’s Summary Dissolution Information booklet (here)

Related: Temporary vs. permanent spousal support in California

Difference Between Summary Dissolution and DivorceThere is an exception to the residency requirement: If you are a same-sex married couple who no longer lives in California, but you were married in California, you can still file in our state if the state you live in now won’t dissolve your marriage. You’ll have to file in the county where you were married to take this route.

What is the Difference Between Summary Dissolution and Divorce?

Summary dissolution is a divorce. It’s simply one that’s a bit less complex than the traditional route.

Related: Overview of divorce in California

How Long Does it Take to Get a Summary Dissolution in California?

There’s a 6-month waiting period for a summary dissolution. What that means is that your attorney will file your petition for you – and once the 6-month period is over, the court will enter a judgement that orders the dissolution of your marriage or domestic partnership. Once that’s done, you can remarry or start a new domestic partnership – your previous marriage or partnership is officially over.

Is There a Downside to Summary Dissolution in California?

Downside to Summary Dissolution vs Divorce in Stockton, CaliforniaWhile there isn’t a downside – you still get to dissolve your marriage or domestic partnership using a summary dissolution – the catch is that it’s only available to certain people. You can’t have minor children together (neither biological nor adopted) and you can’t have much community property together.

If you don’t meet the criteria, you’ll have to file for divorce rather than summary dissolution. Divorce brings about the same results.

Do You Need to Talk to a Stockton Divorce Lawyer About Summary Dissolution?

If you think that summary dissolution might be the right option for you to end your marriage or domestic partnership, we can help you. Keep in mind, though, that it’s not for everyone – you may need to end up filing for a standard divorce.

Call us at 209-546-6870 to schedule a consultation with a caring, compassionate and knowledgeable divorce attorney in Stockton right now. We’ll answer your questions about child custody and child support, property division and more.

How is Credit Card Debt Split in Divorce in California Divorce

How is Credit Card Debt Split in Divorce in…

When you get a divorce in Stockton, you and your spouse will have to divide your property – and property includes both assets and debts.

California is a community property state, so usually, the division of credit card debt is pretty clear-cut. Here’s what you need to know.

Related: Community property basics in California

What is Community Property?

The term community property refers to assets or income that belong to both parties in a marriage. Even if only one spouse earned or brought in the asset, the other party is entitled to a fair share of it.

The same is true with debts, in many cases.

If the debt was incurred during the marriage, by either or both parties, it’s community.

There are some exceptions that fall under separate property, though. Separate property is property that belongs to only one party. Usually, that means one party brought it with them into the marriage.

Related: Are assets always split 50-50 in a California divorce?

How is Credit Card Debt Split in Divorce in California?

When you have community credit card debt, you and your spouse will have to figure out how to divide it equitably and fairly. You don’t have to split it down the middle. You just have to make sure that it’s fair.

Examples of Splitting Credit Card Debt in Divorce

Examples of Splitting Credit Card Debt in Divorce

Let’s say you and your spouse have combined credit card debt of $10,000. You have two savings accounts between you – one is worth $30,000 and the other is worth $20,000. It would be fair to give the $20,000 account to one spouse while the other spouse gets the $30,000 account and the $10,000 debt responsibility.

In another scenario, you have combined credit card debt of $7,500. You have a joint savings account that’s worth $17,500. It would be fair to pay off the debt of $7,500 from that account and split the remaining $10,000 – or to give one party $5,000 and the other party $12,500 plus the debt responsibility.

If you don’t have savings and you’re getting a divorce with credit card debt, you’ll most likely end up having to agree to splitting the responsibility for the debt.

You can also negotiate other ways to make it fair. For example, if one of you receives a vehicle that’s paid off, a certain piece of art or anything else of value, you may choose for that person to be responsible for a larger portion of the debt.

Related: 13 divorce negotiation tips you can use today

What About Your Creditors?

Your creditors are just along for the ride in a situation like this. You need to remember that if your name is on a credit card and your spouse ends up being responsible for paying it, your name is still the one attached to it – and it’s your credit score that will take a hit if your spouse fails to pay. You will still be liable for the debt.

For this reason, it’s often best to sell property before the divorce is final and use the proceeds to pay off the debt. Another option: You can use balance transfers or refinancing to shift the debt responsibility into your spouse’s name.

The bottom line, though, is that every situation is different. You and your spouse might be able to reach a fair agreement that doesn’t match anything you see here, or you might choose to see a mediator to hammer out your differences and find fair resolutions.

Related: What is divorce mediation?

Do You Need to Talk to a Stockton Divorce Lawyer About Credit Card Debt and Divorce?

If you’re divorcing your spouse, we can help you find solutions that work out best for everyone involved.

Call us at 209-546-6870 to schedule a consultation with a caring, compassionate and knowledgeable divorce attorney in Stockton right now. We’ll answer your questions about child custody and child support, property division and more.

Are Assets Divided 50-50 in a California Divorce - Stockton Divorce Lawyer Divorce

Are Assets Always Split 50-50 in a Divorce in…

California is a community property state, which means everything you and your spouse earned or purchased while you were in the marriage belongs to both of you equally.

But it doesn’t mean that you have to divide everything 50-50.

Splitting Assets in Your Divorce: Are They Always Split 50-50?

During your divorce, everything that you and your spouse contributed to the marriage during the marriage – with just a few exceptions – has to be divided equitably. Under California law, that doesn’t mean you have to split everything down the middle. Instead, it means that the way you divide things must be fair to both parties.

For example, you don’t have to sell your cars and split the profits so both of you can use them to buy new cars. If one of you has a nicer car than the other does, you’re free to work out an agreement between each other – and as long as it’s fair, the judge will most likely sign off on it.

Because the law requires you to split the sum of your assets fairly, you two can trade things off. For example, if you have an RV and one of you really wants it in the divorce, you can trade it for something of comparable value.

For most people, that means working together to reach a fair settlement. If you can’t work together, your Stockton divorce attorney may suggest that you try mediation. Mediation can save you a tremendous amount of time and money.

What Assets Do You Have to Split in Your Divorce?

The things that you and your spouse earned or contributed to the marriage while you were married have to be split equitably – not 50-50, just fairly. That includes:

  • Assets you’ve purchased, like cars and your family home
  • Bank accounts
  • Both of your pensions and employment benefits
  • Clothing
  • Costs incurred from earning a college degree or professional license
  • Cryptocurrency
  • Furniture
  • Investments you’ve contributed to or earned money from
  • Patents
  • Professional practices and businesses
  • Stocks

Pension benefits are typically considered community property if they were earned during a marriage. However, Social Security benefits are considered separate property in many cases – but there are exceptions on what you can choose to receive in some cases. Because different types of assets, earnings and property are classified in a variety of ways, it may make sense to work with an attorney who can help you reach a fair settlement that leaves you both reasonably satisfied with the outcome.

What Doesn’t Get Divided 50-50 in a California Divorce?

Separate property belongs to each of you individually. You don’t have to divide it as part of your divorce settlement. That’s because separate property is generally classified as assets you brought into the marriage (because you had them before you married your spouse), gifts intended only for you, and inheritances.

Sometimes the lines get a little bit blurred between community property and separate property, and that’s where your lawyer comes in. She’ll let you know if something counts as an asset you must divide or one that belongs only to you. For example, a house you bought before you got married but lived in with your spouse is a mix of community property and separate property – and it’s called commingled property.

What About Dividing Debt 50-50 in a Divorce?

Debt is a lot like assets, in that both of you are responsible for paying any that you acquired during your marriage. Even if the debt is in only one of your names – like a house, a car or a credit card – you are both responsible in most cases.

Some people choose to use debt to negotiate during divorce. Let’s go back to that RV example we mentioned earlier. If one of you really wants the RV and the other one doesn’t want to be on the hook for a certain amount of debt, you may be able to reach a fair agreement with each other. Remember, though, that every case is different – and you’ll need to ask your attorney or mediator about whether what you’re planning is acceptable.

Do You Need to Talk to a Stockton Divorce Lawyer About Dividing Assets 50-50 in Your Divorce?

If you’re considering filing for divorce, or if your spouse has already filed, you’ll most likely want to talk to a divorce attorney. We can help you deal with this difficult process – just call us at 209-910-9865 to set up your consultation.

You may also be interested in:

How Do Courts Divide Debt in a Divorce? Divorce

How Do Courts Divide Debt in a Divorce?

When you’re getting a divorce in the state of California, you need to know that we live in what’s called a community property state. What that means is that the property you own – for the most part – belongs to both parties in your marriage. The same is true for debt; you both own it in most cases.

That means California courts divide debt in a divorce. Generally, divorcing couples can negotiate their own division of debt; the court will likely agree to it if the division is fair and equitable to both parties. That doesn’t always mean 50-50, though – every case is different, and you should talk to your Stockton divorce attorney about the division of your marital debt.

How Do Courts Divide Debt in a Divorce?

In California, debt is treated a lot like property is during a divorce. If you and your spouse cannot agree on how you’ll divide debt that belongs to both of you, the court will do it for you.

When a judge has to decide how to divide your debt, he or she will consider several factors, including:

  • Who is receiving more property (such as the marital home)
  • Whether the parties are exchanging spousal support
  • Whether one or both parties brought some debt into the marriage

In most cases, it’s best if you and your spouse can come to a fair agreement on your own – but remember that taking the entire amount you owe and dividing it in half isn’t always a good idea. That’s because your creditors don’t have to honor your agreement; creditors may choose to go after the spouse or partner who signed the contract to borrow money (like a credit card agreement) without concerning themselves with the agreement you and your spouse made. That means if your spouse agrees to take on half your credit card debt, for example, but he or she misses a payment, the credit card company can still come after you.

What Happens if One Spouse Doesn’t Uphold His or Her End of the Bargain?

If one spouse doesn’t hold up his or her end of the bargain by making debt payments, creditors might come after the other spouse. The non-defaulting party – the one who is holding up his or her end of the bargain – may petition the court to enforce the divorce settlement.

Do You Need to Talk to a Lawyer About How Courts Divide Debt in a Divorce?

If you’re thinking about divorce, or if your spouse has already filed the necessary paperwork and you need to react, you may need to talk to a divorce attorney in Stockton. We can answer your questions about how courts divide debt in divorce, whether you’ll be required to pay or entitled to receive spousal support, how to figure out child custody and the division of property, as well as any other questions you may have or refer you to a therapist focusing on divorce issues.

Call us at 209-910-9865 or contact us online to schedule an appointment with an attorney. We may be able to help you.

 

How to Negotiate During Divorce - Stockton Family Law Attorneys Divorce

Divorce and Property Settlement: 5 Tips to Negotiate With…

When you go through a divorce in California, you’ll have to go through several steps — and one of them is creating a divorce property settlement. Here’s how to negotiate during divorce so you can reach a fair, reasonable outcome.

How to Negotiate During Divorce

If you’re like most people, you have no idea how to negotiate during divorce. That’s okay, because you probably haven’t been through it before.

However, before we get into how to negotiate, we need to cover:

  • What is a property settlement?
  • Whether you have to settle on debt
  • Divorce property settlement laws in California

What is a Property Settlement in Divorce?

California is a community property state. That means the property you acquire (beginning on the day you marry and ending on the day your marriage ends) is supposed to be divided equally between you when you divorce.

A property settlement agreement is the agreement you and your spouse reach to divide your property equally and fairly. Equal doesn’t always mean 50-50, though. It can mean that you each get your own vehicle, even if one is valued more highly than the other, and for the most part, the courts will take into account whether you feel the agreement is fair and equitable.

Does a Divorce Settlement Agreement Include Debt?

A divorce settlement agreement does include debt. All of the debt you incur while you’re married is considered community property; you’re both responsible for it.

Divorce Property Settlement Laws in California

In many cases, divorcing couples can figure out a property division arrangement that works for everyone involved.

However, if you and your spouse cannot reach an agreement, or if the agreement you reach is obviously skewed unfairly to one side, the Superior Court steps in and splits your property and debt equally.

Now that you’re familiar with the concepts you’ll have to deal with, here’s how to negotiate during divorce.

Related: What is collaborative divorce in California?

How to Negotiate During Divorce - 5 Tips to Help You Figure Out Your Divorce Property Settlement

How to Negotiate During Divorce: 5 Tips to Help You Figure Out Your Divorce Property Settlement

Ideally, you and your spouse will be able to reach an agreement on your own. If you can’t, you’ll force the judge to step in. That can drag out your divorce, and often, couples come out of the courtroom feeling as if they’ve both lost. (Your Stockton divorce and property settlement lawyer will encourage you to reach an agreement with your spouse long before you show up in court because doing so will save you time and money — and you’ll have fewer headaches with the whole ordeal.)

Check out these five tips as you learn how to negotiate during divorce:

  1. Remember that divorce and property division are business transactions.
  2. Be logical and reasonable every step of the way.
  3. Watch for coercive tactics.
  4. Use helpful, rather than harmful, phrases.
  5. Don’t become trapped in predictable scenarios.

#1. Pledge to Look at Your Divorce and Property Division Issues as Business Transactions

When you divorce, you’re dissolving your marriage contract. While that seems like an unfeeling way to look at things, it’s how the law sees it—and your property division is no different. Treating property division as a negotiation process can make things much simpler.

Related: 5 high-asset divorce mistakes you can’t afford to make

#2. Be Logical and Reasonable

You can’t afford to ignore the “big picture” when you’re negotiating a divorce settlement with your spouse. You don’t have to be adversarial; in fact, looking at a divorce like something you have to win can be counterproductive.

Related: More divorce negotiation tips

#3. Watch for Coercive Tactics

While coercive tactics can be tough to spot, if your spouse is attempting to use them on you, it’s imperative that you stop, back away from the process, and regroup. Coercive tactics that some spouses employ include:

  • Personal attacks, including insults and implications
  • Lying or threats
  • Psychological tricks, such as attempting to get you to feel guilty
  • Refusal to negotiate
  • Escalating demands
  • Planning delays to make things more difficult for you
  • Withholding money or access to your children

Chances are good that your divorce attorney is going to notice these tactics if your spouse uses them — they’re actually fairly common in adversarial divorces.

Related: 5 ground rules you need to set if you want to negotiate with your spouse

#4. Use Helpful Phrases to Encourage Your Spouse to Cooperate

Negotiations come to a grinding halt when one party says, “I’m not going to let you win.”

Remember that in successful negotiations, both parties “win.” When you’re working with your spouse to reach an agreement, try phrases that help the process along, such as:

  • “Can we go over this again to make sure I understand it correctly?
    “Please correct me if I’m wrong, but…”
    “My main concern is fairness.”
    “Or we could try…”

#5. Don’t Become Trapped in Predictable Scenarios

It’s perfectly normal for divorce negotiations to seep into your emotions. The key, though, is not letting your emotions rule the negotiation process. When your spouse becomes angry or attempts to drag you into a disagreement, step back. Take some time to cool down and let your attorney summarize the issue so you can move forward.

How to Negotiate During Divorce Property Settlement

What Should I Ask for in a Divorce Settlement?

If you’re like many people, you’ve heard divorce stories that run the length of the entire spectrum — some people say, “She took everything from me!” while others say, “We had a fair settlement. Actually, maybe I got more than he did.”

So what should you ask for in a divorce settlement?

The answer is simple: Ask for what you need to be reasonably satisfied with the outcome. Remember, too, that the judge is unlikely to sign off on anything that’s patently unfair (to you or your spouse). Don’t ask for the house, the cars, all the furniture, your savings accounts and half your spouse’s retirement — even if you’re pretty sure you deserve all those things.

California is a community property state, which means the assets you and your spouse acquired while you were married belong to both of you. You can make trade-offs, but make sure you’re asking for things you actually want. If you only want the house so you can sell it and pocket the proceeds, you need to know that the courts will expect you to trade something of equal value — and if your spouse would remain in the house with the children, it’s probably not a great idea to try to fight for it.

How to Negotiate During Divorce - How Do You Negotiate Spousal Support

How Do You Negotiate Spousal Support?

Negotiating spousal support can be one of the most difficult aspects of your divorce. Before you begin negotiations, remember that the judge in your case will only sign off on your agreement if it’s fair to both of you — and if the paying party can reasonably afford it.

When one spouse doesn’t agree that the other needs spousal support, negotiating for it can be incredibly difficult. You may need your attorney to step in. However, if you’re both in agreement that some spousal support should change hands, make sure that you can see things from your spouse’s point of view.

Try these tips to negotiate spousal support:

  1. Stay calm. If either of you becomes upset, negotiations are going to grind to a halt.
  2. Don’t point the finger or make demands. Try saying things like, “I feel upset when you say I’m asking for too much. It’s difficult for me to support myself when I need to go to school to learn marketable skills. I’d like it if you could help me with $X so I can get on my feet.”
  3. Actively listen to what your spouse is saying. That means summarize what he or she is saying and repeat it back so that your spouse knows you’re actually paying attention.
  4. Ask questions to help your spouse collaborate with you. Think about saying things like, “I’m worried about being able to pay a sitter while I’m at school. What are your ideas?”

You don’t have to know exactly how to negotiate during divorce… but you do need to go into it with a positive attitude and be willing to settle for a reasonable outcome. You also have to know that your lawyer is here to help you every step of the way.

Do You Need to Talk to a Lawyer About How to Negotiate During Divorce?

We can help you with your divorce and property settlement agreement. Just call us at 209-910-9865 to tell us what you’re going through. We’ll put together a strategy that gets you the best possible outcome.

Anna Y. Maples Maples Family Law



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