Deciding to file a divorce in California can leave you with uncertainties about the future. Unless you have a legally valid prenuptial agreement on record or can agree on all the terms of your divorce, the court will make all of the most important decisions on your behalf. While there may not be any sure way to predict how the courts choose to divide your assets, looking at the law and the general practices of the court can help you understand what to expect.
Going through a divorce while raising children can feel draining and sometimes it might feel as though every action you are taking is a negative one. However, there are many positive steps that you can take in order to secure a bright future for you and your children. One of those positive actions is to create a visitation schedule or parenting plan so that you are well equipped to coparent and introduce structure into your "new normal."
When couples contemplate divorce, there are often many issues that they about which they disagree, including child custody and asset division. If you can't come to a mutual agreement and don't have a prenuptial agreement in place, you might think that your only choice is to fight it out in court and let the judge make the final decision.
No matter your age or life situation, going through a divorce is a difficult prospect. There are many challenges involved in untangling your life from your spouse's, including making decisions about asset division, child custody, and spousal and child support. In cases with a clear prenuptial agreement, many of these issues may already have been addressed. For everyone else, however, spouses or the courts have to set terms for the divorce.
Part of every divorce is deciding who gets to keep what. In fact, dividing marital property is generally the reason most divorces take so long and possibly end up in court. Deciding what you want to fight for can be a very difficult decision. For some people, their decisions are based on sentiment while others fight tooth and nail for something simply out of revenge. While it might be tempting to insist that you keep your future ex-husband's cherry red classic Corvette, it is more important to focus on your future and what you need to be financially comfortable.