Does California grant a spouse any special rights during a divorce?

If you are getting a divorce in California, it is imperative that you understand whether or not California law provides you with any specific protections or not. While all states have instituted laws designed to make sure you are protected in a divorce, there are some special rules in California that provide you with protection during the division of assets. So, what are your rights when filing for divorce in California?

The main difference between California law and the laws of many states is that California is a community property state. This means that under the laws of California, any property acquired during the marriage must be split on a 50-50 basis. This is true regardless of who actually paid for the items acquired, or even of whether or not you worked or contributed financially during the course of the marriage at all. If the property was bought while you were married, you are entitled to half of it. Of course, property acquired before marriage is not considered part of community property, unless it was co-mingled with marital assets. 

Other protections include your continued right to have access to your children after a divorce, unless you have done something very serious to render you disqualified to have such access. Custody disputes in California, for example, are decided based on the best interests of the child, which usually means that the child will continue to have both parents in his or her life. 

There may be a myriad of other rights that apply as well, depending on the situation and the particulars of your divorce. To ensure your legal rights are fully protected, it is a good idea to consult with an experienced lawyer before entering into the divorce process.