How does divorce settlement work in California? California Is a Community Property State
According to California divorce laws, when a married couple gets divorced, their community property and debts will be divided equitably. This means they will be divided fairly and equally.
How do I enforce a marital settlement agreement in California? Enforcing an MSA must be done by filing a formal request or motion (legal paperwork) with the court. You will need to show the court how your ex-spouse failed to follow the terms of the agreement. There are many reasons you may need to ask the court to assist you with enforcing your agreement.
How is settlement determined in a divorce? As well as looking at actual earnings, the Court will also assess the parties’ future potential earnings. The Court will take a realistic approach when calculating the settlement and will take account of the individual’s skills, time out of work, age and the possibility and cost of retraining and the job market.
Does a marital settlement agreement need to be notarized in California? However, uncontested divorce and true default divorce do not require notary in California. An uncontested case is when one party files for divorce and other responds, officially entering the case willingly so notarization is not required to prove identity.