Real Property (The House)
The marital community home is a consideration in Divorce. Issues involving continued ownership of the marital residence or selling the marital residence should be addressed. Many times one party will stay in the marital home for a period of time or until the parties' minor children reach the age of majority. Sale of the home may be deferred, and the non-occupying spouse may be entitled to a credit for exclusion from the residence. If the marital home is to be sold, the parties must discuss how the proceeds of the sale will be distributed. Usually, if no agreement is reached, the proceeds will be deposited in a trust account to await Court allocation. Immediate Tax implications of the sale will also be a factor.

Property in General
Property acquired by married persons in the State of California during the marriage are presumed to be community property; jointly owned. There are other properties, which if acquired during marriage, may be excluded from this presumption and considered separate property. I.e. property acquired by gift, bequest, devise or dissent, and the proceeds from them. During the divorce proceedings, you are obligated to disclose all property, whether or not you claim separate property status.

Assets & Debts
Assets & Debts accumulated by spouses during their marriage are required to be evenly divided between the parties. Some jurisdictions do not divide the marital debt in half and instead look to see whether the parties jointly incurred the debt during the marriage. Be prepared to present a clear and concise summary of all assets and debts for a proper determination, absent an agreement between you and your spouse.

Children and Support
Child Custody, Visitation, Support, and Payment of medical expenses are significant issues during divorce proceedings. Child and Spousal Support, or Alimony, also accompanies these issues. Depending upon the length of the marriage and the salary or income of each spouse, the amount of Child Support and Alimony will be determined. Temporary Spousal Support is often based upon state guidelines that may not be as negotiable.
Often, one spouse is under-employed while the other is sometimes obstructed from spending time with the children because of work schedules and demands. These kinds of issues affect Permanent Spousal Support.

Other Issues
 • Life insurance - which parent will be required to maintain life insurance for the benefit of the children.
 • Medical insurance - which parent is required to make sure that the children remain insured?
 • Income tax – which parent will be allowed to claim the child or children? Can both parties file jointly despite the divorce proceedings? How can I ensure that my spouse doesn’t change her (his) mind and claim the child or children?
 • Retirement – will I be given some of his (her) retirement funds? How much is it really worth? Should I trust his (her) attorney to prepare the QDRO or Order?
 • Titles – How do I take my name off the title? I don’t want to be liable.
 • Cheating – I cheated; can he use it against me?

Be prepared to discuss each issue in detail with an experienced and aggressive Family Law Attorney. O’Neil G. Dennis, Attorney at Law serving Northern California and the Bay Area counties, is an experienced, aggressive and effective Litigation Attorney.