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If you’re a stay-at-home spouse, you have the exact same equal rights as working spouses when it comes to getting your fair share in a divorce. You should never feel like you’ll receive less because of your decision to stay in the home and let your spouse be the breadwinner. Your divorce is still governed by the state’s community property laws, which means your input is valued. You should understand California divorce rights for stay-at-home spouses.
The wisest move you can make during this ordeal is hiring the right California stay-at-home spouse divorce attorney. Without legal help working through stay-at-home spouse divorce laws, it can be very easy to fall into a legal hole you may not be able to climb out of. You’ll want someone with significant experience handling stay-at-home spouse divorce cases like yours. James Carroll recognizes your plight and can bring decades of focused experience to your case.
California Divorce Rights for Stay-at-Home Spouses
California has a low marriage rate of 5.5 per 1,000 individuals, as well as a low divorce rate of 10.1% for women and 7.1% for men. Just because the divorce rate in California is low, that doesn’t mean that divorce is rare or even uncommon.
As a stay-at-home spouse, it’s important that you understand all of your rights in a divorce. California is a community property state, which means that you’re entitled to a 50/50 split of all marital assets, regardless of your current employment status. In fact, you may be entitled to more because you’re a stay-at-home spouse.
If you are considering filing for divorce or your spouse has already filed, the most important decision you can make for yourself is to hire a stay-at-home spouse divorce lawyer to inform you of your legal rights, the resources at your disposal, and what you can do to protect yourself going forward. It’s possible your spouse may be vindictive and try to prevent you from getting what you’re owed. A lawyer can help you avoid such a predicament.
What You May Be Owed
Above all, the last thing you want is for your spouse to take advantage of your vulnerable financial position and drain your resources. Thankfully, due to the state’s community property laws, it’s rare for a spouse to get nothing in a divorce unless there is a very strict and enforceable prenuptial agreement in place. It’s important to fully understand what you may be owed in your divorce. Here are some important factors you should consider during your divorce:
- Property division. All marital property, including assets, debts, earnings, and retirement accounts accumulated during the marriage, is subject to a fair division of assets, as they are considered the property of both partners. Any property owned prior to the marriage, as well as anything earned after the date of separation, is seen as separate property and will not be divided.
- Unpaid labor. You may not even realize just how valuable your unpaid labor may be in your divorce. Homemaking, cooking, and raising children as a stay-at-home spouse is viewed as a direct contribution to the marital estate. This can affect asset division in your favor and result in temporary spousal support that can help you maintain your current standard of living while you transition out of the marriage and into your new life.
- Child custody. Stay-at-home parents are generally seen as the primary caregivers in a relationship, since they handle daily care. This can give you a strong foundation to seek primary physical custody, as the court tries to do whatever’s possible to avoid disrupting the children’s home life and maintain stability. Ultimately, the court has to prioritize what’s in the child’s interests.
FAQs
What Does a Stay-at-Home Spouse Get in a Divorce in California?
Under California state law, a stay-at-home spouse is entitled to a 50% split of all marital assets, ongoing financial support in the form of alimony and/or child support, and an equal voice regarding all child custody evaluations. The California court system treats unpaid domestic labor and childcare as valuable contributions to the household. You should hire a skilled divorce lawyer who can guide you through what you could conceivably get in your divorce.
How Can I Succeed in a Divorce Without a Lawyer?
In California, you have to secure a legally binding outcome without getting taken advantage of by your spouse. California is a no-fault divorce state, which means you don’t have to legally prove that your spouse did anything wrong in order to get divorced. While it’s possible to navigate the legal process without a lawyer, it’s highly recommended that you hire one anyway. It’s always helpful to have a legal professional in your corner during a time like this.
How Long Can My Divorce Take to Finalize?
There is no definitive way to tell how long your divorce can take. If your divorce is uncontested, it could be over much quicker than if your divorce is contested. Every divorce in California must go through a six-month waiting period after filing. Many California divorces are finalized completely within a span of two years, but some may take longer depending on the overall complexity.
What if My Spouse Doesn’t Want a Divorce?
If you want to file for divorce but your spouse wants to try to work things out, there’s pretty much nothing they can do that can ultimately stop the divorce. California is a no-fault divorce state. You don’t need to prove wrongdoing, and you don’t need your spouse’s permission. If they don’t cooperate, you can get a default judgment at the end of the waiting period, and your divorce is finalized.
Be Sure to Hire a Stay-at-Home Spouse Divorce Lawyer Today
It’s always important to have a goal in mind when you choose to get divorced. It’s equally important to know what your rights are and where you stand. At the Carroll Law Office, we can guide you through your divorce and make sure your rights are continuously protected. Contact us to speak with a team member about your options.
