What Divorce Can and Cannot Do for You

Divorce is a complicated and emotional process. While going through a divorce is never easy, it is helpful to understand what you can and cannot expect from the process.

Divorce Can:

Divide shared property. The division of property is a major part of any divorce. California is a “community property” state, meaning any property acquired during the length of the marriage must be split between the parties upon divorce. This includes houses, cars, businesses, and even debts. Keep in mind that dividing property up “equally” does not mean splitting everything 50/50; rather, the net value of the property must be as equal as possible when everything is said and done. For example, if one spouse takes the house, it may be fair for he or she to also take the credit card debt, which balances out in the final agreement.

Establish and enforce support obligations. During the divorce process, you and your spouse will negotiate (if applicable) the amount of child support and spousal support necessary. Child support and spousal support agreements depend on a wide range of complex factors, including state law, the financial circumstances of both spouses, and more.

Establish child custody and visitation arrangements. If there are children involved, the divorce is an opportunity to set child custody and visitation arrangements. In California, these decisions are always based on the “best interests of the child”; determining the child’s best interests requires taking into account the child’s age, the child’s health, his or her emotional ties with each parent, each parent’s ability to care for the child, any history of substance abuse or family violence, and the child’s ties to school, home, and the community.

Divorce Cannot:

Guarantee precise or equal division of property. Dividing property and coming up with mutually agreeable custody or support plans is never easy. As such, a judge can never guarantee that each party will receive an equal amount of property, support, or custody. (This is why it can be extremely beneficial to hire a mediator for your divorce proceedings. Mediation is a cheaper, less formal, and more amicable way to iron out financial issues before taking the agreement to court.)

Ensure civil relations or resolve emotional issues between parties. The divorce process often ends with a parenting plan, which outlines the custody arrangement, the support amounts, and any other details of the divorce. However, while this arrangement is legally binding, it won’t be there every week to make sure the parents are complying with the arrangement and treating each other with civility. It is up to each spouse to interact in a civil manner and deal with the other parent in a responsible, mature way (especially in front of children).

Maintain your standard of living. Divorce is a major life change, and as such, no judge can guarantee you will be able to maintain the standard of living you had during your marriage. Divorce is not a way to increase your salary or keep up your standard of living.