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How Division of Property and Custody in Divorce Law Works

Last updated 5 years ago

Divorce can be a complicated process, especially if you have substantial debts or property or if you and your spouse have children. It is generally best if you and your spouse can agree about the division of your property and about the custody arrangement. However, in cases when this is not possible, the court will intervene and resolve these issues. Continue reading to learn about how division of property and custody works.

Custody Agreement
Custody involves both legal and physical custody. Legal custody refers to the right to make decisions regarding the child’s welfare, education, and healthcare. Physical custody refers to the parent with whom the child lives. Parents can both have a say in their child’s life through joint custody, or one parent may be responsible with sole custody.

Support Payments
There are two broad categories of support payments: child support and alimony. Child support is money paid by one parent to the custodial parent for the child’s maintenance and reasonable needs. Alimony is money paid from one partner to the other, generally to compensate the partner with lower earning potential. There are a number of factors used in calculating alimony, such as how long you and your spouse were married, your individual earning potentials, your age, and how your property was divided.

Property Division
California is a community property state, which means that all property which is owned by both spouses is divided equally between the two individuals. Property that is owned by one spouse is separate property and is generally excluded from the division of assets. You will also be responsible for a portion of the liabilities and other property you and your spouse have incurred.

To learn more about divorce, contact Moreno Family Law in San Jose. We specialize in handling divorce, child custody and support cases and have been helping clients for more than 20 years. If you have questions, please do not hesitate to call our office at (408) 266-9011 to discuss your case.


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