DIVORCE

A dissolution of marriage, or divorce, terminates a marriage between two people. Under California’s Family Code, the term used to indicate the termination of a marriage is “dissolution of marriage,” rather than divorce. The Family Law Act, continued in the Family Code, got rid of the fault theory of divorce, and reduced the number of grounds for dissolution of marriage to two, namely, irreconcilable differences and incurable insanity. Thus, in California, most divorces are considered “no fault” divorces, in which neither party is blamed or punished for the end of the marriage.

The purpose of a proceeding for divorce is for the judicial system to establish a couple’s matrimonial status, and if it is found that a matrimonial relation exists, then its purpose is to dissolve that relation, divide the marital property, and award support and costs, if necessary.

Community Property

In California, it is presumed that all property and income acquired during a marriage is community property, and thus, each spouse is entitled to one half of the community property upon a divorce. There are exceptions to this presumption, including the existence of one party’s separate property, or property that was owned or earned before the marriage, and the existence of premartial or postnuptial agreements that specify the classification of the property that is acquired during the marriage.

Additionally, certain property can be deemed as gift, during marriage. In order for there to be a valid gift, in addition to delivery and acceptance, there must be an intention on the part of the donor to make an unconditional gift. It is the burden of the person who was given the gift to establish that a gift was intended.

The California Family Code provides that a spouse may not make a gift of community personal property, or dispose of community personal property for less than fair and reasonable value, without the written consent of the other spouse. However, this restriction does not apply to gifts mutually given by both spouses to third parties or to gifts given by one spouse to the other spouse. A gift of community property may be made orally or in writing, and an oral gift of personal property is valid as between the parties.

Why You Need An Experienced Divorce Lawyer

It’s important when hiring a divorce lawyer that you consult with a knowledgeable lawyer who can protect your rights and seek what is owed to you. Michael S. Carrillo understands the delicate nature of a divorce which could include issues of child support, child custody, spousal support, visitation, etc. Contact us today for a free consultation and to speak to Michael S. Carrillo immediately about your case. Call us at (626) 799-9375.