Each state in the country has the authority to enact laws governing divorce proceedings. Statutes cover items such as the division of property, spousal support, child custody disputes, and intricate procedural matters. These provisions can vary a great deal, depending on where you live. It is important to understand how the laws in your state affect each spouse’s property interests, child custody (and support) arrangements, and other significant financial and legal issues. If you are facing a separation or divorce, you are encouraged to seek the assistance of an experienced family law attorney from the local San Diego area.
One of the most contentious issues in divorce tends to involve the division of property. Here in California, courts seek to identify and characterize property in accordance with “community property” notions. This means that property acquired or accumulated during the marriage is generally considered “marital” or “community” property, subject to division between the parties upon divorce. The couple, however, may enter into what is known as a “prenuptial” or “postnuptial” agreement in order to circumvent or avoid certain property distribution laws. Such agreements are typically enforceable in California, but the language and manner in which these agreements are executed must adhere to local law.