What Am I Entitled To In A Divorce?

Divorce is the legal ending of a marriage. Every state has different requirements in terms of how to complete a divorce but all require a judge to review and approve the divorce settlement or if the spouses can’t agree to a settlement, decide how to properly divide the property. Divorce can be a very emotional and stressful time in one’s life.

It’s best to talk to an experienced divorce  attorney who can help you through this difficult time. You have several options for representation. Full attorney representation, limited attorney representation, mediation or self representation. There are advantages and disadvantages to each and it’s important you choose the course of action that is most appropriate to you.

California law recognizes that both spouses make valuable contributions to a marriage. Most property will be labeled either community property or separate property. Community property is all property that you and your spouse acquired through labor or skill during the marriage.

Separate property is any property that is acquired before your marriage including rents or profits received from items; property received after the date of your separation with your separate earnings; inheritances that were received either before or during the marriage and gifts to you alone.

If the judge decides one spouse will need to pay alimony, you will be entitled to receive money to support your day to day life. Usually the spouse receiving such support will pay federal and state income taxes on it, and the one making such payments will be entitled to a tax deduction.

Make sure to consult with an attorney in regards to the specifics. To determine the amount of spousal support, the judge will consider factors as the standard of living during the marriage, the length of the marriage, the age, health, earning capacity and job histories of both individuals. Because each case is different, it’s best to get advice from an attorney on what you will be entitled to in a divorce.

Drury Pullen Law
148 E Carrillo Street
Santa Barbara, CA 93101 US
Phone: (805) 879-7523
Fax: (805) 966-0506