Basic Divorce Information

In order to file the divorce, you must have been a resident of the State of California for at least six months immediately prior to filing the papers and a resident of the county in which you are filing for at least three months. Don't forget, you are not divorced until you have a judgment granting the dissolution. Unfortunately some people "jump the gun" and remarry before they are legally eligible to do so.

California is a community property state. That means that the property and debts acquired by the community for community use should be shared equally at the time of dissolution. Remember, as a general rule of thumb, the property will be valued at the time of trial. Also, when the summons for divorce is filed there is an automatic restraining order against both parties preventing each party from disposing of any property. Your attorney can employ a forensic acountant to help value businesses or trace hidden assets etc., if necessary. However, such accountants are very expensive and the assets and/or business should be of sufficient value to justify the expenditure.

Debts incurred after the date of separation will generally be awarded to the person incurring the debts. If one party pays community debts after separation with separate funds that party may be entitled to receive "Epstein" credits. Also, if one party has had exclusive use of the family home there may be "Watts" charges. Upon filing your documents, it may be beneficial for you to have the vesting of the family home changed.

You have a fiduciary duty to each other. That means you are obligated to act in the utmost good faith in your dealings. In Marriage of Rossi (2001) 90 CA4th 34,42, the entire lottery winnings were awarded to the husband because wife's intentional concealment of lottery winnings from husband constituted fraud within meaning of Civil Code Section 3294.

There is a formula for calculating each party's interest in the other party's retirement pursuant to the marriage of Brown. In order to protect your interests, when you file your divorce you should immediately join the other party's retirement or at least send the retirement plan a notice of adverse interest.

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