Property Division FAQs

Questions For Michael Splivalo, Fresno Asset Distribution Attorney


What Does "Community Property" Mean?

California is one of nine states that follows the community property approach to property division. Basically, it holds that property acquired during the marriage is jointly owned by both partners, even if only one partner earned actual income during that period. This approach is different from equitable distribution, which seeks fair but not necessarily equal division.


What Is A No-Fault Divorce?

In California, all divorces are no fault divorces. This means that the spouse asking for the divorce doesn't have to prove that the other spouse did something wrong, like cheating. The cause of the dissolution is simply attributed to "irreconcilable differences," meaning the two sides no longer wish to be married. California law doesn't punish the husband or wife who had an affair with less property or more spousal support.


Does A Military Spouse Share Pay And Retirement Benefits?

It is up to the judge to divide military pay between the two parties. Retirement benefits are divided according to when the benefits were earned. If the couple married four years into one party's military career, the other party is allotted 50 percent from that point forward. Likewise, retirement benefits paid out following the divorce are not divided.


What Will Happen To Our Home?

It depends on your family's circumstances. If there are children, the spouse mainly responsible for raising the children will usually get the family home. If there are no children, and the home was purchased by one spouse using separate funds, then that spouse generally keeps the home and the other spouse may be asked to leave. Neither side can order the other side to leave. It is illegal for one spouse to lock the other out.


Will I Understand The Property Division Process?

Attorney Michael Splivalo communicates regularly with clients and provides periodic case updates. He is skilled at keeping clients "in the loop" during divorce, property division and other processes. We will always communicate to you what our strategy is, how it's going and how much things cost. The big variable in this is how difficult the opposing side wants to be. It is important that you be a part of the case at every step. If you call, we make every effort to respond to you quickly and clearly.


Property Division FAQ Just The 'Tip Of The Iceberg'

There are so many questions people have approaching divorce. Lawyer Michael Splivalo will be happy to answer all your questions in a free initial consultation. To schedule a consultation, call our attorney at 866-425-4971, or write us using this online form.