San Francisco Attorney/ San Francisco Law Firm

Going through a divorce can be a scary time in anyone's life. The only way you can be sure you are getting treated fairly and being sure your rights are protected is by hiring a San Francisco attorney to represent you. Each state has different laws as they refer to divorce and the distribution of property and assets that were obtained during the marriage a San Francisco lawyer can help you understand the distribution of assets. When it comes to property most states are separate property states, they divide the property equally between the spouses. A qualified San Francisco law firm will help you clear any misconceptions. Property distribution does not always mean 50/50, each state is different and each circumstance is different. The distribution looks at many different factors in this determination and the San Francisco lawyer can counsel you on all of them. Some of these criteria include: what is the value of the property in question, how long was the marriage, they will also look at the age and health of those involved; they will also look at the age of any children and who will be getting custody of those children. Usually the one that receives custody of the children will get the marital home. If you owned any property prior to the marriage that property is considered yours and yours alone, only if you changed the Deed to include your spouse do they have a legal right to that property, your San Francisco lawyer can also assist you in that determination.

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Community property states, which include California, Arizona, Idaho, Nevada, Louisiana, New Mexico, Texas, Wisconsin and Washington, say that any property or assets acquired during the marriage are split 50/50. This equitable distribution in these states will also apply to any pensions and retirement benefits that you may earn during the course of the marriage. These assets are subject to a 50/50 split amongst the couple. This can be difficult for one spouse that works while the other stays home and runs the household. If the breadwinner does not mind sharing half of their earnings then that is fine, but if they feel that would be unfair if a divorce should happen they may need to consider writing up a prenuptial agreement with the help of a San Francisco attorney. Back when women did not work as much as they do now, they were generally awarded monetary support in the event of a divorce for the rest of their lives, unless they remarried. Today just because a couple divorces the woman is not always given spousal support. With the help of a San Francisco attorney, if the man can prove that the woman can support herself in her own career the amount awarded can be small, for a short time only until she can get back on her feet, or maybe not at all. For the best course of action consult a San Francisco law firm.