Property division can be among the most contentious aspects of divorce, whether you have children or not. However, even if you don’t have to worry about child support and costs in your divorce, you will still need to sort out who is responsible for paying off debts and how your real and personal marital property will be divided. Understanding how property is divided in a divorce without children in California can help you navigate the process more smoothly.
Divorcing Couples without Children Frequently Disagree About Property Division
When a couple divorces without children, they do not have to address child support and custody matters, potentially saving them time and money. However, they will still need to address spousal support and the division of community property. Divorcing couples without children can still face significant conflict during the process.
A recent survey found that nearly two-thirds of couples who divorce without minor children had significant disagreements about property division. Disputes over property can increase conflict and may even prolong the divorce process. Additionally, 38 percent of couples without children disagreed about spousal support, increasing attorneys’ fees and costs.
The Division of Community Property in California
California’s community property rule applies to spouses with and without children. Whether or not a couple has children, courts will generally divide marital assets and debt between the couple equally. Any property acquired during the marriage is usually considered community property and is owned equally by both spouses, regardless of who earned or purchased it. This includes income, savings, real estate, and personal property acquired during the marriage.
When a couple separates or divorces, community property is typically divided equally, meaning each spouse is entitled to 50% of the total community assets. However, separate property, including assets owned by one spouse before the marriage or received as gifts or inheritances, is not subject to division and will remain with the original owner. Both spouses are equally responsible for community debts, and a spouse may be required to share the debts incurred by the other spouse during the marriage.
The Benefits of Working with an Experienced Attorney
When you work with attorney Christopher Heritage, he will help you understand your rights and obligations regarding marital assets and debts. After learning about your goals, he will begin negotiating equitable distribution and advocating for fair valuations of properties. He will facilitate the division of complex assets such as retirement accounts or businesses, help prepare and review legal documents, represent you in court if necessary, and work to achieve a settlement that meets your best interests.
Pursuing a Collaborative Divorce Can Reduce Costs
A collaborative divorce can significantly reduce legal expenses for a divorcing couple without children by minimizing the need for court appearances and extensive litigation. In this process, both parties work with a team of professionals, including collaborative lawyers and possibly financial advisors or mediators, to negotiate a settlement amicably.
Since the focus is on reaching a mutually beneficial agreement about property division outside of court, couples can avoid the high fees associated with court proceedings, including additional attorneys’ fees and court costs.
Contact an Experienced Divorce Attorney in Palm Springs
Attorney Christopher Heritage has an in-depth understanding of California divorce laws and can help you navigate the property division process as a couple with no children. Don’t hesitate to contact Heritage Legal to schedule a complimentary, no-obligation case evaluation. We represent clients in Palm Springs and throughout Southern California.