Married individuals located in the golden state of California should know there are numerous reasons you will want to speak with a family law attorney about a divorce case. A divorce can become a complicated ordeal for various reasons including:
- Couples that are on non-talking terms- when couples are not on good terms it is probably a challenge to come to a conclusion on just about anything. Married individuals that are having a hard time working with the other should speak to an attorney about mediation. An attorney can mediate the divorce process and help both individuals achieve an agreement.
- There are children involved- when children are involved it is sometimes more challenging to find an agreement on visitation, custody, and child support.
- The couple accumulated a substantial amount of debt, properties, and assets- in a divorce both parties will be required to split all properties and debts that were accumulated through the marriage. Individuals may seek a divorce lawyer who has the capacity to evaluate the property and help with the division process.
- The couples established a 'prenup'- when a couple establishes a prenuptial agreement before their marriage, both individuals are required to uphold the provisions of the agreement.
- The father has not signed a parentage document- when a parent wants to establish legal parentage over their child, they will be required to submit documents that prove they are the legal parent of the child.
There are a variety of issues that complicate a divorce which is why some people choose to work with a divorce lawyer before finalizing their divorce decree. An experienced divorce attorney can provide guidance and representation on your case. Furthermore, a divorce lawyer can mediate any of the uncomfortable conversations you may not want to have with your soon to be ex-spouse.
When choosing a divorce attorney you will want to find a divorce lawyer that is aware and knowledgeable of the divorce laws in your state. In addition, you will need to ensure that your attorney fully understands your situation so that he or she may help reach your end goals. You want to work with a trustworthy attorney that can help you with personal matters so you want an attorney who you can speak with freely. Married people in California, are encouraged to consult your case with a divorce attorney. Individuals in Carlsbad, CA are encouraged to discuss your case with a local Carlsbad Divorce Attorney. To speak with our attorney about your specific issues, you may reach our office at 858-529-5150.
To learn more about divorce and other subjects relating to divorce cases, you may read the sections below. The next section contains information about the practices of divorce law that are most common. However, keep in mind that this is not a consultation, your specific case should be consulted with a divorce lawyer before you enter a courtroom.
Divorce
Married individuals may have the option to file a fault or no-fault based divorce. To know which one applies to your case, you may want to consult with a divorce attorney. In the United States, the most common form of divorce is no-fault based divorce. In these divorce cases, either party has the right to terminate the marriage without the need to prove fault on the other. Before the adoption of the no-fault law in 1970, individuals that wanted to divorce had to prove that either party was responsible for the failure of the marriage. Individuals then and now can file a fault-based divorce under certain circumstances and, also, depending on their location. In addition, the filing party can place fault if the next factors applies to their case: a) spouse was imprisoned for a long period of time, b) spouse is unwilling or unable to engage in sexual intercourse, c) spouse committed adultery, d) spouse is abusive, and e) spouse has left for a long period of time (abandonment). There are benefits for both types of divorce, but you will need to make sure which one best suits your case.
If you find yourself in Carlsbad and you wish to file a divorce, you and your spouse will be required to file a no-fault based divorce. In other words, you may not file a fault-based divorce based on the reasons mentioned above. However, if you reside in California, you may receive additional compensations through alimony and property if you show that your partner was domestically violent or abandoned you or your family. In addition, other reasons for fault may impact other aspects of divorce like child custody or child support.
Division of Assets, Property, and Debts
A time-consuming aspect of a divorce is the division of assets, property, and debts. When married individuals file for divorce, they will make choices on who gets to keep what and who pays for what loan/credit. More common than not, a couple is capable of sitting down with the other and discuss how properties and debts will be separated. The negotiating process can become complicated and more time costly when there are many debts and assets that need to be valued and divided. Married individuals that have accumulated a substantial amount of debt and/or property will need to come to an agreement, otherwise, a judge will make choices for them. Individuals located in California will find that a judge will divide all assets, properties, and debts in a fifty-fifty manner. After a judge separates debts and assets, both individuals will be responsible for paying back certain debts and may keep the same value of property. Individuals that do not like this idea, may want to sit with their spouse to figure it out. However, individuals who are not on talking terms with the other may want to exhaust all mediation efforts before you enter a courtroom. If you seek mediation, a local Carlsbad attorney may be able to help. Our attorney is capable of guiding divorcees cases through some of the complicated aspects of a divorce. An attorney will help you and your spouse work through the paperwork and will help evaluate your property to ensure that each gets what they think is right.
In California all property that is accumulated during a marriage is considered community property. In contrast, the property that is accumulated before the start of the marriage or after the marriage is considered separate property. Separate property cannot be divided by a spouse during the division of assets and debts. The division of assets, property, and debts does not need to be complicated, discuss your case with an attorney today especially if you are considering a divorce in California.
Custody and Visitation
Child custody is another monster that can complicate a divorce proceeding. When deciding custody both individuals must create a living and visitation agreement that works for both parties. A custody agreement may include who gets to live with the child, how long either spouse is allowed to keep the child, and other aspects pertaining to visitation. If the case is brought into a family law courtroom, the judge will grant physical custody to either one parent (sole custody) or custody to both parents (joint custody). In determining sole or joint custody the judge will consider the ‘best interest of the child’. The judge will determine the best interest of the child by taking into account the ability of either parent to financially provide for the needs of the child and their ability to give the child a spacious and safe home.
Furthermore, legal custody determines who makes the decisions about where the child/children will go to school, the health care insurance provider, and other matters pertaining to their child’s life. In joint legal custody, both parents have a say on the child life and may share physical custody with their ex-spouse or partner. As with any other aspect of divorce that requires negotiation and cooperation, you may establish an agreement before entering a courtroom. If you enter a courtroom you should consult with a divorce attorney about guidance and representation. The divorce laws regarding custody require a specialist that is capable of representing your rights as a parent.
Parentage
When a child is born to parents that are married or in a domestic relationship, the law assumes they are the legal parents of the child. When a child is born outside of a marriage or domestic partnership, the father and mother are required to sign a Declaration of Paternity. After individuals sign this document, it can be impossible to undo. Most times, both parents sign this document at the hospital when the child is born. If you have filled out this document, you may not need to worry about establishing parentage through a courtroom proceeding. By signing this document, you legal information is present in the child’s birth certificate which is proof enough of your relationship with your child.
However, if a child is not yours and papers were signed on your behalf without your consent, then you might have a reason to speak with a divorce lawyer. There are times when a spouse commits fraud by signing the paternity document for the other. In these cases, you will need to challenge the Declaration of Paternity in a courtroom where you may present proof that there was fraud or by providing a DNA test. Individuals caught in this situation are encouraged to act within two years of the child’s birth. Waiting for over two years complicates any parentage case so if you find yourself in a related ordeal, you should consult with a divorce attorney before the two-year mark.
Child Support
Child support laws have been reformed a couple of types to ensure that there is legal action whenever a parent fails to their parental duties. According to the family code section 3900, both parents are responsible for providing support to their child. Family code 4053 provides additional information on the obligations to a child by each parent. When a parent achieves physical custody of a child, the non-custodial parent is required to pay a certain amount for child support. The child support laws in California ensure that a providing parent pays the non-working spouse to help with the cost of raising the children The non-working spouse is usually the person in charge of taking care of the children for a greater portion of the time after a divorce. Child support is different from alimony or spousal support. Child support is calculated after consideration of a variety of factors. For example, if you are the providing parent and you have obtained full custody of your children, you may not need to pay for child support. On the contrary, you should expect to pay for child support if the children live with your ex-spouse and you are an earning individual.
Spousal Support/Alimony
Family Code 4320 recognizes that there is a supporting and providing party at the end of a divorce. The aim of family code 4329 is to help the supporting party, usually the non-earning party, financial assistance. The financial assistance is to help maintain standards of living that were present before the marriage. Spousal support may be awarded to individuals that spend the most time with the children and who have acquired physical custody. To establish spousal support, the providing party may come to an informal agreement with the supporting party. The amount varies in informal negotiations, sometimes you may be giving more than you have to and other times you may be paying less than required. In other cases, usually cases where both parties are not on amicable terms, the supporting party may request a court hearing. When the supporting party request a court hearing, it is because he or she has filed a form to the family court. Married people filing for divorce in Carlsbad, CA will have to submit their document to the California Family Court. After the papers have been submitted, you and your spouse will have to attend a court hearing where a judge will establish the amount and length of spousal support. In some cases, a judge may only establish an amount, but not a time frame especially in cases where the marriage lasted for more than ten years. In a courtroom hearing, the judge will consider the both parties income, any mandatory payments of the providing party the age and health of both individuals, and other financial aspects that affect the overall judgement. To ensure you receive the correct amount in alimony, you should consider speaking with a local family law attorney.
Domestic Partnerships
Individuals in domestic partnerships hold many of the rights entitled to individuals who are married. Domestic partners may file taxes together, buy property, establish credit and other aspects of a marriage. Domestic partnerships like other relationships, come to an end after a certain amount of time. When domestic relations end, either partner has the right to claim child custody and child visitation if children are involved and may claim financial support. Like in a marriage, individuals that cannot find an agreement that works for both parties are encouraged to work with a divorce attorney. A divorce attorney may assist you with dividing assets, properties, and debts in a fair manner that works for both parties.
Prenuptial Agreement
An attorney is especially usually before you are married. High earning individuals with stocks, properties, and other assets, should consult with an attorney about a premarital/prenuptial agreement. If you haven’t already heard, there is a legal way to keep all of your property at the end of a marriage. In a prenuptial agreement, you may establish the property that will remain yours in the event of a divorce. It may serve your best interest to work with an attorney when drafting a prenuptial agreement to ensure that it may hold up in court. There are certain aspects of a divorce that cannot be addressed in a prenup so make sure your document is lawful by consulting with a family attorney.
Postnuptial Agreement
Like with prenuptial agreements, an attorney can assist you with a marital agreement after you have already signed the marriage papers. Once you are married, you may not be able to establish a prenup, you will have to negotiate and draft a postnuptial agreement. This agreement must not interfere with aspects relating to spousal support, child support, child visitation, and child custody. The downside to postnuptial agreements is that both parties must sign the document. If your spouse is unwilling to sign, you will have to split assets and properties. If you require assistance with mediating a conversation with your spouse, you should speak with a divorce law expert.
Divorce is an ordeal that can quickly become complicated when either spouse brings the case to a family court. When a case is brought into a courtroom, both parties may have to work with attorneys to help with the child, custody, alimony, the division of property, and other issues that arise in divorce cases. To talk with a divorce attorney about your case, you may contact a Carlsbad Divorce Attorney at 858-529-5150.
