What is the difference between community property and separate property?

California is a community property state, meaning that all earnings and assets acquired during the marriage are community property, and each party is entitled to one-half. Likewise, both parties are equally responsible for all debt incurred during the marriage. All earnings, assets and debts incurred prior to the marriage or after the date of separation are the sole and separate asset or obligation of that particular party. Also, all assets that are inherited and received as gifts during marriage are separate property. It is the sole responsibility of the person to prove that that asset is separate property by providing documents and tracing the funds and assets through the marriage. The parties also may make agreements regarding their separate property. That is why it is always important to keep good records throughout the marriage.  

If you have any questions, please contact the Law Office of Laurel Peniche Gartman at (714) 283-2811.
As a Certified Family Law Specialist, Laurel Peniche Gartman has been practicing Family Law for over 27 years in Orange County California.  

This website is provided as a resource for general information for the public. The information on these web pages is not intended to serve as legal advice or as a guarantee, warranty or prediction regarding the outcome of any particular legal matter. The information on these web pages is subject to change at any time and may be incomplete and/or may contain errors. You should not rely on these pages without first consulting a qualified attorney.

How will our property be divided?

All community property will be divided equally between the parties. This does not mean that all assets will need to be sold, each party can be awarded certain community property assets and debts the calculation will be done to determine the total value of the assets awarded to each party. If the division is not equal, then the party receiving a higher value of the assets will owe some money to the other party. One half of the difference between the total value of the assets awarded each party. This is called an equalization payment. It is also an option to sell certain assets, For example your house, boat, vehicle, and divide the proceeds equally between the parties. There a number of different options when dividing community property, your attorney can help you determine what type of division is in your or your family's best interest.

If you have any questions, please contact the Law Office of Laurel Peniche Gartman at (714) 283-2811.
As a Certified Family Law Specialist, Laurel Peniche Gartman has been practicing Family Law for over 27 years in Orange County California.  

This website is provided as a resource for general information for the public. The information on these web pages is not intended to serve as legal advice or as a guarantee, warranty or prediction regarding the outcome of any particular legal matter. The information on these web pages is subject to change at any time and may be incomplete and/or may contain errors. You should not rely on these pages without first consulting a qualified attorney.

What is the process for getting a divorce in California?

The first step in a divorce is to file a Summons and Petition for Dissolution of Marriage and have it served on the other party; the other party will have 30 days to respond. Both parties will need to serve Declarations of Disclosure on the other party, disclosing all of their assets and debts. Thereafter, you can either come to an agreement regarding all issues, for example child custody, visitation, support, divisions of assets and debts. Or the parties do not agree on all of the terms, a hearing will be necessary and the Court will need to hear the matter and rule on all of the disputed issues and make orders. A party may file request for order, which will put a hearing on calendar in front of the Judge to make interim orders. In order to finalize the matter, an At Issue Memorandum must be filed with Court to start the process of getting a trial on calendar. At this time, there will be a hearing, testimony will be given, evidence will be entered. And the Court’s orders will be incorporated into a typed formal judgement. Typically, this is when your marital status will be terminated.

If you have any questions, please contact the Law Office of Laurel Peniche Gartman at (714) 283-2811.
As a Certified Family Law Specialist, Laurel Peniche Gartman has been practicing Family Law for over 27 years in Orange County California.  

This website is provided as a resource for general information for the public. The information on these web pages is not intended to serve as legal advice or as a guarantee, warranty or prediction regarding the outcome of any particular legal matter. The information on these web pages is subject to change at any time and may be incomplete and/or may contain errors. You should not rely on these pages without first consulting a qualified attorney.

What is the difference between a legal separation and a divorce in California?

The major difference between obtaining a legal separation and obtaining a divorce is that in a legal separation your marital status will not be terminated. A legal separation will not change your marital status, and you will not be able to remarry while you are legally separated. However, in a legal separation, you still must go through the same process as undergoing a divorce, such as dividing community property assets and debts. Also in a legal separation, there is no residency requirement, meaning that you can file for a legal separation no matter how long you have resided in the State of California. Divorces require that you live in the state for a minimum of six months. The most common reasons couples choose legal separation over divorce are: To allow the parties more time to see if a divorce is really what they want; Or if reconciliation is possible after some time apart; They do it for religious reasons; So that one party can remain on the other’s health insurance policy; To retain tax or military benefits; Or to wait until they meet the residency requirement of living in the State of California for at least six months. 

If you have any questions, please contact the Law Office of Laurel Peniche Gartman at (714) 283-2811.
As a Certified Family Law Specialist, Laurel Peniche Gartman has been practicing Family Law for over 27 years in Orange County California.  

This website is provided as a resource for general information for the public. The information on these web pages is not intended to serve as legal advice or as a guarantee, warranty or prediction regarding the outcome of any particular legal matter. The information on these web pages is subject to change at any time and may be incomplete and/or may contain errors. You should not rely on these pages without first consulting a qualified attorney.