On behalf of Megan B. Rachel, Attorney At Law posted in Divorce on Wednesday, July 16, 2014.
Texas fans of the TV show “Lost” may remember actress Emilie de Ravin, who appeared in the series. De Ravin has also appeared in the popular shows “Once Upon a Time” and “Roswell.” Unfortunately, her personal life does not appear to be going as well as her professional life: last week her husband of 11 years filed divorce papers in Los Angeles.
Her husband listed irreconcilable differences as the reason for the split. In states like California or Texas, which allow no-fault divorce, irreconcilable differences, sometimes referred to as insupportability, is the only ground that has to be alleged. The couple has no children, so they will not have to deal with issues of child support and child custody. They will, however, have to deal with the issue of property division.
The couple resides in California, which is a community property state like Texas. In a community property state, property acquired by either party during the marriage is generally considered community property and therefore must be divided between the parties. The division is not necessarily 50-50 as the judge has the discretion to make any division that is fair and just to both parties.
Not all property acquired during a marriage is community property. Property that a spouse inherited from a deceased person, or property received as a gift, for example, is considered separate property and stays with the spouse who owns it. Property acquired before the marriage is also considered the separate property of its owner.
A couple about to go through a dissolution of marriage has a lot of difficult decisions ahead of them. But by remaining civil to each other and working with experienced professionals, they can get through the process with a minimum of stress.
Source: Los Angeles Times, “Emilie de Ravin of ‘Lost,’ husband Joshua Janowicz divorcing,” Nardine Saad, July 11, 2014