Law Offices of Indu Srivastav, APLC
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California's equality preferences and your divorce

California is a state that treats people equally. When you're divorcing, the state's laws require you to split your marital assets equally. It also requires you to share custody as equally as possible to start with, unless there are reasons not to do so.

Having such an equal state weighing in on your divorce could be frustrating. Often, at least one of the spouses believes that they have been wronged or that they deserve more than the other. They may feel that way because they've earned more or brought a greater number of assets into the home.

They may also want to get a less even custody schedule in place. For instance, if they have a well-paying job and work from home, they might argue that they should have their child much more often than the other parent.

Equality has a purpose in California

California's laws are there to protect both parties. At the core, the idea is that everyone is equal and has an equal opportunity to benefit from the marriage. Both parents have an equal opportunity to see their child.

That doesn't mean that equality is right for your situation or that it has to be what you and your spouse settle on. You and your spouse can work out your own settlement and custody arrangements, even if they aren't 50/50 as they state would suggest.

Here's an example. If you are getting divorced and are the person who earned less in the marriage, your spouse may recognize that you need more than half of your assets. They may be a fair person who sees that a 60/40 split of your assets would be more beneficial in the long term. There's no reason for you not to be able to take advantage of that.

Similarly, you may decide that a custody schedule where you have your child through the week and your spouse has them on the weekends is better for them and for their education. The other parent might say they'd like less custody, so they can work more.

There are many factors to consider in divorce, and a straight 50-50 split of assets or custody won't always work. Your attorney can help you prepare a different arrangement if you and your spouse can agree to it.

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Law Offices of Indu Srivastav, APLC
1400 N. Harbor Blvd., Suite 601
Fullerton, CA 92835

Phone: 714-515-5008
Fax: 714-515-8338
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