According to a study conducted by the Centers for Disease Control and Prevention (CDC), based on 11,000 interviewed women, divorce and remarriage rates are lower than they were in the 1950’s. The study shines a light on the growing number of individuals that choose cohabitation instead of traditional marriage. In fact, more individuals choose to live with another without establishing a legally binding relationship for a number of reasons. First, millennials simply believe and understand the notion that marriages do not last forever and therefore, choose not to engage with the concept until their late 20’s or 30’s. On top of the loss in interest, marriages can be costly which is why many choose to establish a marriage after they have completed their education and after establishing a healthy income.
Marriages that end in divorce can become may be emotionally and financially consuming which is why may avoid the ordeal until they are ready to take the big step. Most individuals choose to live with their partner until their mid-thirties without establishing a formal legal relationship. The issue is that sometimes these individuals will live their lives, have children, buy a household, and at the end separate. When a separation happens under these circumstances it may pose complication in a courtroom when either party pursues a child related or property related claim. In most cases, it can be difficult or impossible to claim a property that was bought using only the name of one party. Since the couple is not married, the property cannot be divided. In addition, if either unmarried person did not sign the declaration of paternity, it may be difficult to establish your parental rights even if you are the biological father/mother.
Unmarried individuals with children and property may consider the help of an attorney who can help establish your rights as a parent. In addition, if you co-signed any property with your spouse you may be able to uphold your claim in court.
Furthermore, those who do engage in marriage may need the help of an attorney if they choose to file a divorce. More common than ever, individuals are filing a divorce with the help of an attorney that can help represent their interests and rights. In collaborative divorce cases, each party is represented by a divorce attorney who agreed to settle the divorce outside of a courtroom Many find that litigation in a courtroom should be the last effort to establish a fair divorce decree.
A divorce attorney can help you and your spouse establish a common ground before entering a courtroom. An attorney can assist you with evaluating property so that both parties are fully aware of the value of the estate. With a clear understanding of the value of the property, many find it easier to divide assets and debts. Furthermore, an attorney can represent your parental rights whenever there is a violation of parental rights. The divorce process is a big negotiation procedure that may require the attention of a specialized divorce attorney. Many choose to work with an unbiased party to ensure that both sides receive what is fair.
Married individuals who seek a divorce, may want to speak with a local attorney familiar with the laws of California. The California Courts provide a variety of forms and procedures for a divorce to be finalized. These forms will have a great impact on the amount of child and spousal support the providing party is required to pay and other important aspects regarding child custody and the division of assets and debts. To speak with a local attorney about your divorce case, you may contact a Coronado Divorce Attorney at 858-529-5150. We are ready to assist your divorce case through mediation to ensure that your case is handled outside of a courtroom We make sure that all mediation efforts are exhausted before the case enters a courtroom.
To learn about the different areas where an attorney may help represent your case, you may continue reading on. The following topics are generalized, you should speak with an attorney about the details of your case to ensure you take the correct measures. Every divorce case is affected by a number of factors including, the age of the individuals filing, the value of assets and debts, the location where the divorce is being filed, and other factors that can contribute to a legal separation.
The following section will discuss these topics:
- The Divorce Process
- The Division of Assets and Debts
- Community Property
- Obligations of the Providing Party
- Spousal Support
- Child Support
- The Rights of the Non-Custodial Parent
- Legal and Physical Custody
- Sole
- Joint
- Honoring Marital Agreements
- Prenuptial/Postnuptial
- Rights in Domestic Partnerships
- Establishing Parental Rights
The Divorce Types
Married individuals that wish to pursue a divorce may do so without having to enter a courtroom. However, they will be required to settle a divorce decree (the document that finalizes and sets the terms and conditions of the marriage). To reach a divorce decree, you may work with an attorney who can help mediate. An attorney can help you and your spouse find common ground without having to enter the courtroom. An attorney can help evaluate all of your property so that both parties become fully aware of the portion of assets and debts that belong to them. On the other hand, a divorce can be carried out using collaborative measures. In collaborative divorce cases, both parties work with their own attorney and agree to settle the divorce outside of a courtroom. Both parties tend to work together through this measure because it prevents any conflicts of interest that may arise when either spouse brings their own attorney. In other cases, couples who have exhausted all collaborative and mediation efforts may be required to litigate in a courtroom. When you enter a family law courtroom, you are encouraged to enter with legal representation to ensure that your goals are met. Finally, a couple may choose to enter arbitration. This process involves both parties and a judge that acts as an unbiased third party. The judge will make the final decision on the case.
The Division of Assets and Debts
The division of assets and debts can become a tedious process when either party fails to agree on the value of a property or fails to come to a conclusion on who is keep or paying for what. Furthermore, the process is complicated when either spouse fails to work with each other. If you and your spouse are undergoing this process, you may want to speak with an attorney who can help evaluate all properties and debts so that they are divided in a fair manner. The division of assets and debts is time consuming when both parties are unprepared. To ensure that you get through this portion in an efficient manner, you may want to work with a local Coronado divorce attorney.
- Community Property: If you reside in the state of California, then you reside in a community property state. In a community property state all of the assets and debts that you accumulated while married, belong to both individuals in the marriage. This means that if you buy a house while you are married, even if the contract does not have your spouse's name, your spouse may have a claim over the property. However, there is a difference between community and separate property. Property that you had before and after the marriage are separate and cannot be claimed by the other party.
Financial obligations of the Providing Party
One of the impacting factors of a divorce is the support family law that mandates the one spouse to pay the other a certain amount in financial support. The support usually comes in one of two ways, 1) spousal and 2) child support. Both forms of financial support aim to reduce the troubles for the spouse that takes care of the kids and who does not have an earning wage that is at least at par with the providing party. In establishing the amount of support, the court will take into consideration a variety of factors that include a) both individuals earning potentials, b) the age of the individuals, c) the age of the children, d) the conditions in the household before the commencement of the separation, e) the length of the marriage and other factors. To ensure that you are not paying more than you are legally obligated to, you may want to speak with an attorney. Spousal and child support bite a chunk of your income and in some cases, you may be able to save more than you are paying. It is always nice to give our children and ex-spouse all the help they need but it is important to ensure that some of our paychecks can be put away for a rainy day.
- Spousal Support
- Financial support awarded to a non-earning spouse. Individuals that have been married for a long period of time may find that their alimony obligations have not end date.
- Child Support
- In some cases, the providing party is required to provide for the child until he or she is graduated from college.
The Rights of the Non-Custodial Parent
Non-custodial parents have the right to establish some form of custody over their children. However, if the parent is abusive or unstable, he or she may not be able to establish any form of custody over their children. When a court decides on custody issues, it will take into consideration all the factors that affect the child's life. For instance, the court will take into account either parents ability to provide a safe environment for growth, the child's relationship with each parent, and other factors that help determine the child's best interest. In a courtroom, a judge may grant legal or physical custody to one or both parents. In most cases, both parents are granted with physical and legal custody of their children which means each party shares the children in a fifty/fifty manner.
- Legal and Physical Custody
- Legal custody refers to a parents ability to make decisions on their child’s life. A parent with legal custody may choose the type of education that the child will receive, the type of medical insurance provider, and other aspects of the child's life. More often than not, both parents will have some form of legal custody of their children.
- Physical custody refers to the parent that will keep the child for the majority of the time. In most cases, individuals are granted sole physical custody which means the children may live only with one parent.
- Sole
- A judge grants can grant sole physical and/or legal custody to one parent. When a judge grants sole physical and/or legal custody, only one parent will have the right to make a decision pertaining to that aspect of the child's life. For instance, if a judge grants a parents sole legal custody, only he or she may make decisions on the child's life.
- Joint
- A judge may grant joint physical and/or legal custody. When a judge grants a joint custody it means that both parents can have a say over the child's living situation and other matters pertaining to the child's life. For instance, if a judge grants joint physical custody, then the child may live with both parents. However, it is also common for a judge to grant sole custody on one issue and joint custody on the other.
Honoring Marital Agreements
A person may establish a marital agreement to determine the type of properties, assets, and debts that will be separate if a divorce ever comes. In most cases, you want to establish a premarital agreement if you wish to keep a certain property as your own during the division of assets and debts. In most cases, if you miss your chance to establish a premarital agreement, you will have another shot with a post-marital agreement. The disadvantage of a post-marital agreement over a premarital agreement is that your spouse does not have to sign a post-marital agreement. If your spouse refuses to sign a post-marital agreement, then the judge will proceed with the division of assets and debts according to the laws of the state. In the state of California, all property accumulated during a marriage is considered community property. In community property states, the assets and debts will be divided right down the middle. To ensure that you keep what you deem as yours.
If you wish to establish a marital agreement either a prenuptial or a post marital agreement, you may want to discuss your intentions with an attorney. An attorney can help revise the document to ensure that it can uphold in a courtroom. In most courts, a marital agreement will not be honored if it includes provisions on child support, child custody, alimony, and other specific aspects of divorce. To ensure your marital agreement can hold up in a courtroom, you are encouraged to draft and review your agreement with a divorce attorney.
Domestic Partnerships
Domestic partnerships have allowed individuals of the same sex to enjoy some of the benefits granted to married individuals. Same-sex parents have some of the same rights as heterosexual parents. The same-sex partner may establish rights over an adopted child meaning that he or she may establish custody and visitation rights. The family law courts do not discriminate against individuals based on their sexual orientation. If you need help establishing a domestic partnership or your rights as a parent, you may speak with a family law attorney. Furthermore, you may also speak to an attorney about the division of assets and debts and of the domestic support.
Paternity
Individuals may be required to establish their parental rights if they did not sign the parental documents at the time that the child was born. When a child is born, the rights of the child are established while at the hospital. When the father is not present, he may need to sign the papers later or fight for his rights in a courtroom. The parental rights laws differ in every state, if you are in California you are encouraged to speak with a Coronado divorce attorney. Paternity rights become a greater issue when the couple separates. If a couple separates, the father may not establish custody and visitation rights until the parental rights are established.
Divorce affairs can become complicated whenever assets, properties, debts, and children are involved. After a divorce is filed, you will need to establish child custody, child visitation, child support, and you will need to figure out how the assets and debts of the marriage will be split. Divorce cases are best handled outside of a courtroom through mediation. If you need help establishing your rights as a parent or you need help with any other aspect of a divorce, you may contact a local San Diego Divorce Lawyer at 858-529-5150. We believe that the best way to handle a divorce case is through mediation. There are many options for separation, each with their own set of guiding standards. To learn about the different ways you can end your relationship, you may contact us today.
