Q: How do I provide ex's lawyer legal grounds for issues - negotiating a divorce settlement - Im not a lawyer

A: Your "factual grounds" most have a legal basis. The attorney isn't going to rely to some super secret code that is going to confuse the mediator or judge. You need to understand what is community property and what is not.

A: Your "factual grounds" must have a legal basis.

A: In navigating a divorce settlement in California, it's important to understand that the state generally follows community property principles, which means that assets and debts acquired during the marriage are typically divided equally. However, this does not automatically imply a strict 50/50 split of every individual asset. It's more about ensuring the total division of assets is equitable.

When discussing the division of assets with your ex's attorney, it's helpful to focus on the factual details of what was acquired during the marriage. This includes both assets and debts. Be clear and organized in presenting this information, as it forms the basis of what is subject to division.

It's not necessary to cite specific family law codes if you are not comfortable doing so. Instead, you can make general statements based on the principle of equal division, such as referring to the idea that California treats marital assets and debts as community property to be divided equitably.

However, be cautious about making blanket statements like "all issues occurred during the marriage," as this might oversimplify the situation. Some assets or debts may have complexities, like commingling of separate and community property, or factors like the duration of the marriage that can affect the division.

It's advisable to seek assistance, such as a mediator or a legal professional who can help you understand your rights and responsibilities. They can provide guidance tailored to your specific situation, ensuring that your interests are protected throughout the negotiation process. Remember, an informed approach is key in these matters.

A: You ex has an attorney. So should you. "California is a 50/50 state" is not a correct statement of the law and the fact that California is a community property state won't necessarily explain how the assets and debts should be divided. A factual ground for why something may or may not be community property would be the date of purchase or attaining of that property or debt. Property acquired during the marriage (i.e. between the date of marriage and the date of separation) is community property unless the funds used to acquire that property can be traced back to a separate property source.