What Is A Wife Entitled To In A Divorce In California?

Divorce! It’s a really complex as well as challenging process. Nevertheless, a widespread and common question that people have is: what about Spousal rights and entitlements? However, talking about California, like any other state of the United States, it is somehow a difficult task to know spouse support and divide assets. 

Well, if you are wondering what a wife is entitled to in a divorce in California, then you come to the right place. If you’re looking for divorce attorney suggestions, read this guide all the way through.

What Are Basic Questions to Ask a Divorce Attorney In California?

When you’re dealing with a divorce, it’s a good idea to ask for recommendations from a divorce attorney. They not only help you figure out what to do but also support you through the tough times. From talking with your ex about sharing things fairly to going to court if needed, divorce lawyers make sure you’re treated fairly and help you feel more sure about what’s happening. But, before that, let’s check out some questions that initially need to ask a lawyer in California:

1. Is divorce just a part of your practice, or do you specialize in divorce?
2. What is your experience in family law? When it comes to family law, how many cases have you handled?
3. In my case, what is your strategy? Can you tell me how long it will take to resolve my case?
4. What are your charges for this type of case?

That’s it. These are some crucial questions that you need to ask to your divorce attorney in California or any other state. 

Community Property vs. Separate Property

As we already know, California is a community property state; what does this mean? This has a simple meaning in most assets and debts that are acquired during the marriage: a community property, which means if, for some reason, both the couple separated or divorced each other, the property will have an equal division between spouses upon divorce. 

But, here’s a twist: in the case of separate property, which includes both assets owned before the marriage and acquired as a gift or inheritance after the marriage, it remains the sole property of the individual spouse. 

But, how will the properties be divided between both of them if divorce happens? Well, the court will decide. Yes, they will identify and categorise all assets and debts, then divide between the spouses.

Spousal Support (Alimony)

Now, just property split, even after this, a wife may get spousal support as per court order, which is also known as alimony. This will depend upon several factors that your divorce attorney will explain to you. 

But what does this actually give? Well, it is just to maintain the living standard post-divorce after the divorce to help the spouse with low earnings. Nevertheless, the amount and alimony duration support in California depend upon these things:

• Duration of marriage. 
• Living standards during the marriage period. 
• Age and health of both spouses.
• Their current income.
• Childcare responsibilities. 
• Other relevant factors that your attorney proves in court. 

Other Considerations

Including asset division and spousal support, there are some other things that you need to consider that may affect what a wife is entitled to divorce in California, such as:

• Child custody and support.
• Attorney’s fees and costs.
• Prenuptial or postnuptial agreements.

Residency requirements

If you are not a native resident of California, let me tell you that there are some residency requirements in California. Let’s check out the residency requirements:

• The first basic requirement is either you or your partner have resided in the state (California) for the last 6 months. Moreover, the county where you intend to file within the next 3 months.
• If you file a legal separation, then it requires either you and your partner to reside in California.
• However, in general, there is no residency requirement for negotiations.

Before you proceed, let me tell you that these requirements are only applicable to married couples. Yes, if you are not married yet, then the requirements are different. There is no requirement for such residency for non-married couples. 

So, that’s all we have for you about what a wife is entitled to in a Divorce In California. Thank you for taking the time to read this guide. We hope you have found it helpful. If you’d like more information, please comment below.