If you’re going to go through a divorce and want it to go smoothly, you know that you have to remain respectful. Respect, though, is not the same as allowing the other person to get what they want to prevent disputes.
Divorces are often upsetting, and there can be many assets on the line. You can be respectful to the other person without settling for less than you deserve, especially when settling for less would put you in a bad financial situation.
There is a difference between divorcing with respect and becoming a pushover during the case. Approaching the divorce with a willingness to work together and be flexible is amazing when you can and being polite and respectful to your spouse is fantastic. However, you do also need to know your needs and budget, to be ready to establish boundaries and to ask for what you need.
California uses community property rules
One of the things that can help with a respectful divorce is the fact that California uses community property rules. As a result, any of the property or income you or your spouse obtained during your marriage will need to be divided equally. It’s expected that you’ll try to work out a 50-50 split, and if you cannot, a judge will do so for you.
Knowing this, you and your spouse may want to sit down and try to collaborate with one another to avoid having a judge dictate who receives which parts of your marital estate. You may also want to consider mediation if you have a dispute, so you can resolve that dispute outside of court and settle your affairs with the support of an unbiased third party.
California’s community property rules also help prevent you from being taken advantage of. You don’t have to be so flexible that you walk away with nothing. It’s expected that you’ll be getting half of your marital assets, which gives you the ability to push back if your spouse is asking for too much.
Respect isn’t the same as giving someone everything they want. With that in mind, you can move forward and begin the property division process.
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