Once your divorce papers are filed and served, neither spouse can sell property, remove children from the state of California, or change insurance policies.
During the trial permanent orders are awarded regarding child custody, visitation and child support. The property, assets and debts are divided. California is a community property state which means the property obtained during the marriage, both real and personal, can be divided.
Examples include:
- Homes – vacation, outside of California also
- Automobiles / boats / recreational vehicles
- Furnishings – collectibles / china / art
- jewelry
- Monies earned during the marriage, including pension, 401K, retirement accounts and bank
accounts
Unless there is a pre-nuptial agreement in existence, all property is divided equally. The only exception is separate property – property brought into the marriage. This is usually not divided unless used during the marriage. Examples are an inheritance, money, stock, car or pension. In addition, don’t forget about debts incurred – they, too, will be divided.
The divorce process can be complicated. Each divorce is different, depending on issues between you and your spouse. Ending a marriage is never easy, especially if there are children involved. Emotions run high.
Whether you are considering divorce or have already been served with divorce papers, contact an experienced Orange County family law attorney for the help and compassion you need.
Call the family law offices of Amy M. Montes. She will guide you through divorce issues, including property division, so you can focus on moving forward with your life.
