# Does anyone know?



## 2Daughters (May 13, 2010)

Can someone give a little insight on the divorce procedure in California?...I know it is a no-fault state..but what if 1 spouse makes 3 times what the other makes and they have been married over 15 years..is 1 spouse entitled to have the same living standard when the incomes were combined or will they have to live off what each makes now?..also 2 kids will be 50/50 with the parents.


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## PreludeCkN (Jan 21, 2010)

My comment is of no help but I too was looking up information on how to not give or slow down the divorce process in CA so that we may work thing out.


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## Scannerguard (Jan 26, 2010)

> Can someone give a little insight on the divorce procedure in California?...I know it is a no-fault state..but what if 1 spouse makes 3 times what the other makes and they have been married over 15 years..is 1 spouse entitled to have the same living standard when the incomes were combined or will they have to live off what each makes now?..also 2 kids will be 50/50 with the parents.


I reside in a no-fault state but really "no-fault" really just means as far as distributing property as far as infidelty and such and sorting through such matters. 

I think what you need to find out is CA an "equitable (not equal) distribution" state.

Anyway. . .what you are really talking about is alimony.

Here is a little insight and I am not a divorce attorney so I am giving a general education here.

1. In most states, alimony is falling by the wayside although not entirely. Alimony is usually awarded now as a one time "payment" to perhaps pay for an education discrepancy. That is, there is no reason, when there are no kids, if let's say an accountant marries an LPN, that the LPN can't pursue an RN an earn a decent living rather than just expecting the accountat to supplement her lifestyle like a lump the rest of her life.
2. That being said, there are exceptions, especially when kids are in the picture and the person can't pursue an education. In that case, spousal support is on the table and rightfully so. Going to college and earning a degree are not compatible with raising a 1 and a 4 year old, right? So, there is wisdom the law in this regard.
3. It's impossible for each person to maintain the same standard of living. . .what happens is usually both parties standard drops a bit. But the courts view is that it should be an equal drop. That is, the father shouldn't have to go live in a trailer and smoke Marlboro cigarettes and drink Coors Light while the wife lives in a McMansion with a shiney new grill just "cause I have the kids, baby."
3a. Now. . .that being said, it's about the kids. . .the courts I suppose have no problem with the kids having a slightly higher lifestyle while the non-custodial parent (I default to the father in this case because that's usually the case) lives a lower lifestyle. In that case, I tend to expect that will be the case for me. I will be electing to live in a small trailer (double wide, LOL) near the beach and really, that's okay - I want the kids to maintain the lifestyle they were used to. They shouldnt' have to drop because Mom and Dad couldn't work things out and love each other. 

In exchange for the significant drop in my lifestyle (while my wife keeps the McMansion) I am gaining a more carefree lifestyle.
4. Joint custody is really a case by case basis but there is a trend (sometimes i say fad) where 50/50 split is becoming more common. The courts view that favorably and if the father wants it, he can probably get it, in as so long as he can demonstrate it's not disruptive to the kids. That will of course lower child support (perhaps nullify it if the father pays for health insurance) but then alimony would be there.
5. Consult with an attorney for an hour. It's money well spent. out of all the services an attorney provides, advice is the most valuable.


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