Concerns about property division are often the main issue in a divorce. Spouses worry about their homes and their businesses. They want to ensure that the outcome is actually fair.
Under California’s community property rules, married couples usually need to address any assets and income acquired during the marriage. People may worry about a judge making questionable determinations regarding key resources.
Who decides how spouses split their property when they divorce?
The judge has the final say
Many spouses do not litigate property division matters. They may have a prenuptial agreement that influences the process. They may be able to settle through direct negotiations or mediation. They can set any terms for property division that they both agree are reasonable and fair.
However, a judge must review and approve the terms proposed by the spouses. In cases where spouses cannot agree on the overall structure of the property division settlement or when there are disputes about specific resources, a family law judge makes the final determinations regarding the division of their property.
Knowing what happens during a divorce can make it easier for people to prepare for the process ahead. Spouses usually have the option of working together, and litigation is always possible if spouses find cooperating too difficult. People with legal guidance can learn about their rights, set appropriate divorce goals and pursue the best outcome possible when they divorce.