Divorce and Property Division

Going through a divorce can be one of the most challenging and upsetting experiences that one ever has to face. Divorces can be full of emotional turmoil, financial issues, arguments over property division and child custody, and more. Fortunately there is help available for those who are considering or anticipating divorce. The San Diego divorce lawyers of Fischer & Van Thiel, LLP understand the hardships that you are facing and are committed to protecting your legal rights and interests throughout your case.

How Is Property Divided?

California law states that all property acquired during a marriage, with a few exceptions, is community property. This means that all property of a marriage is jointly owned by both spouses. When a couple decides to divorce, property is divided equitably under California law. This means that assets are divided fairly, not necessarily equally.

Typically, if there is a great difference in the wage earnings of two spouses, or only one spouse has earned income throughout the marriage, two-thirds of all of the marital assets will be granted to the higher wage earner. The lower wage earner will be granted one-third of all of the marital assets. If there is little difference in the earnings between two spouses, the marital assets may be divided closer to 50/50.

Many marriages end with a couple arguing over who will get to keep the house, the car, and other major assets. If you cannot agree on who should be given what, the court will ultimately make the decision for you. In this case it is especially important for you to consult with a divorce attorney so that you have legal representation to fight on your behalf for your rightful property.

Contact Us

Don’t enter the courtroom feeling unprepared to make your case in your divorce proceeding. For sound legal advice and assistance with your divorce and property division issues, contact the San Diego divorce lawyers of Fischer & Van Thiel, LLP today at 760-722-7646.