- Community Property: Assets and debts acquired during the marriage are considered community property. How were the assets acquired: community property or separate property?
- Separate Property: Was the property acquired before marriage, after the date of separation, or specifically given by gift or bequest to one party?
- Division of Debt: Debt should be split evenly, unless there was a breach of fiduciary duty.
- Fiduciary duties: The marriage contract creates very real financial duties and obligations between spouses. It is important to ensure that the parties have treated each other and their finances with the highest level of care. Were your finances handled appropriately by your spouse while you were married? Did both spouses act in the best interest of the marriage?
- Length of Marriage: How long were you married? When did you separate? Length of marriage affects important financial aspects of any divorce.
- Lifestyle of the Parties: Did you both work? Did one spouse stay home? Did you enjoy meals out or take vacations? Your spouses’ lifestyle plays an important role in setting the level of support.
- Spousal support: Given the lifestyle of the parties during the marriage, what is needed to maintain the standard of living during the dissolution? How much should permanent spousal support be?
- Attorneys fees and costs: California law seeks to protect a stay-at-home spouse or lower wage-earner during a dissolution and wants to ensure that he or she is able to afford legal representation. Do you both have access to funds to pay your attorney?
- Pre-nuptial agreement: Is the agreement valid? Can it be set-aside? Is any portion invalid?
- Post-nuptial agreements: Similar to a pre-nuptial agreement, but signed after marriage.