For many couples across the nation, getting married, starting a family, and making a home of their own is an ideal situation. For some, this is where real life happens with family and with loved ones. However, not all couples find themselves living out this dream as they get older. In fact, many marriages end in divorce. This is not because these couples are meant to fail. Most of the time divorce comes after a couple finds that they want to live separately and make new paths for themselves—this is nothing to be ashamed about. However, when it does come to divorce it is important to think about family and how the divorce may affect them.
Even though most people involved in divorce proceedings want a quick and clean separation, things can get messy and complicated when it comes to family. With families that become separated, often times they must consider things like homes, assets, their children, and other important things. There is a lot to consider about familial situations during divorce proceedings for everyone involved. This can include matters such as: alimony, child support, child custody, property division, and more. Sometimes, when it comes to divorce, people do not think about how it can affect a whole family. If rushed, or done improperly, a divorce can impact a whole family negatively. Divorce should not lead to problems within a family. If proceedings are done properly and with care, everyone involved may walk away without feeling neglected or hurt.
With the help of an attorney with the proper knowledge, couples can make sure that their rights and their interests are well-represented in the court of law during divorce proceedings. A good attorney will help evaluate the value of your assets, your property, and your debts. This way you may get a good picture on what is yours and what you should maintain. Also, a good attorney will help ensure your parental rights if you do have children. A lot of this will be worked out between the separating parties and it is crucial to be informed of what you believe you deserve and what belongs to you.
A Vista divorce attorney can provide these services. We believe that you do not need to go through this process on your own. It is always a good idea to have someone on your side who makes sure that what you may receive is fair and what you deserve. Please contact us at 858-529-5150 if you want us to review your case. We are well versed in family and divorce law and can provide services that will help you during the complicated process of divorce.
Divorce
The process of divorce itself is complex and important in determining who gets what and creating fair outcomes for everyone involved. It is also important to know that there are different types of divorce. First of all, there are situations in which you may not even enter a courtroom. Usually, both parties must reach a divorce decree which is often mediated by a single attorney. With this document, both parties can set conditions and finalize a marriage. Also, an attorney can help value and divide your assets, property, and debts. In collaborative divorce cases, both parties involved may each have an attorney to reach a settlement out of court. If you do seek an attorney, feel free to contact a local Vista divorce attorney.
If none of these work for the couple, then they may choose to litigate, or take a dispute to the courtroom. Usually, in these cases each party has their own legal representation. Also, a couple may choose arbitration, which involves the two parties and an unbiased judge to reach a settlement.
Within the process of getting a divorce, there are many things to consider. Separating could potentially change the entire way a family functions as a unit. This can include the finances of each spouse while on their own, where do the kids live, and determining who gets to keep the house. With a divorce, things like alimony, child support, custody, and property division become important things to consider while starting new separate lives. Before a divorce, families often do not think of these points; thus, when separation does occur, things can get tricky for both parties.
Alimony / Spousal Support
Alimony, or spousal support, can be a condition reached through divorce proceedings. This is an allowance that one spouse may receive from the other spouse in order to financially support them while living separately. Permanent alimony can be a condition set upon a divorce finalization. However, this allowance will be decided by the court and depends on the supported spouse’s financial situation. The duration of the marriage in question will determine the duration that alimony payments must be made.
Temporary spousal support may be received within the period when a divorce is initiated and through its finalization. This is temporary so as to ensure that a spouse can be financially stable during this period.
Often, the spouse with the larger estate makes alimony payments to the other spouse. This is probably because the other spouse may have financially relied on the spouse with the larger estate before the divorce. This is meant to ensure that no one suffers financially because of a divorce, and is not meant to punish anyone.
Child Support
When it comes to families and divorce, it is important to consider the children involved. Often times, a court will order child support from one spouse to ensure that the child/children are properly provided for. Most of the time, child support payments may last up to when the child turns 18 years of age, or when they graduate from college. Child support is often ordered by the court. With it, one spouse can send payments to another spouse that takes care of a shared child in order to cover the costs of raising that child.
Often the amount of child support paid out reflects the number of children, how much time the child spends with their parents, the parent’s earnings, and other services that the parents pay for like insurance, mortgages, etc.
Just like with spousal support, child support is meant to supplement for a parent’s costs of continuing on their own while supporting what was once shared between the couple. In a sense, these supports are meant to make sure that one spouse, or the other, does not suffer financially from a divorce. These support payments are not meant to punish anyone.
Child Custody
Another important aspect to remember about divorces, especially when a whole family is involved, is child custody. Obviously, when there is a divorce, families are split up between the two spouses, and this brings about the question of custody.
During divorce proceedings, custodial rights can vary from parent to parent, and case to case, depending on the circumstances. Custodial rights are determined through specific elements of each case. This can include: a parent’s ability to provide a safe environment, a parent’s relationship to their children, and more aspects. A judge will use these facts to determine each parent’s custodial rights. Often, both parents may be granted equal legal custodial rights to their child/children. For example, if the judge allows for both parents joint physical custody of their shared child/children, then that child or children may live with both of the parents.
However, in others instances, this may not be the case. Sometimes a single parent may be granted sole custodial rights of their child/children. This means that that single parent has the ability to make decisions that will affect the child’s life, and the other parent does not. Often, if it is shown that a parent is abusive to their child, or unstable in any way that may harm the child or children, they may not receive custodial rights. The child, or children, may be left in the sole custody of the other parent.
When it comes to child custody during divorce proceedings, having an attorney present can help. With an attorney, you may figure out who deserves custody (a single parent or both). In cases in which you believe that you deserve sole custody, an attorney can help present an argument for your position. If you find yourself needing help with child custody, do not hesitate to contact the offices of a local Vista divorce attorney.
Property Division
Lastly, another crucial point to consider during divorce proceedings is property division. Here, property can be made to include: assets and debts. Married couples often make purchases together and share things. Because of this, when it comes to divorce, these things are often divided between the parties.
However, property division can become a messy and tedious aspect to divorce proceedings. Often, at this point, parties may disagree about the value of their property, who must pay for what, and who can own what. This can become even more difficult when the two parties do not work together, and disagree about everything. These sorts of issues are often the cause of divorces dragging on and on.
In California, all assets and debts accumulated while married are shared. This is called community property. Anything purchased during the duration of your marriage is considered to be shared property between you and your spouse. Even if your name is not on the contract for something, like a home, you could still potentially claim it since it is shared property in California. However, if you did buy and own something from before your marriage, the other cannot claim it since it is not considered community property.
Of course, a marital agreement, such as a prenuptial agreement, can be used to outline what assets, properties, and/or debts may be separated from the divorce proceedings. Often, these documents are written-up with the help of a qualified attorney. With these sorts of agreements, you and your spouse may determine, at the start, what properties each person maintains sole control over. A postnuptial agreement may also be used. This is different in that division of property can be determined without the signature of the other spouse which can lead to issues. Besides this, a marital agreement of any kind may be used during divorces proceedings to quickly determine the status of each spouses’ assets, properties, and debts.
Again, when it comes to property division during divorce, having an attorney on your side could prove to be a good source of help. An attorney can help determine the value of your assets and debts, and help to decide on what the parties get or owe. Also, if you wish, an attorney may help in writing a marital agreement that may be used during the proceedings. Having an attorney may help ensure that you keep what you believe you deserve. If you feel you could use this help, contact a local Vista divorce attorney for assistance.
Finding a Vista Divorce Attorney Near Me
When it comes to divorce, everyone wants a quick and easy way to finalize a marriage. However, with families, things can become more complex and messier during the proceedings. People often divorce as a means to live different and separate lives. Yet, there is a lot to consider while getting a divorce. This includes: alimony/spousal support, child support, child custody, and property division.
During the proceedings, each spouse may believe that they deserve one thing while the other spouse believes the same. This can make the whole process difficult and frustrating. The inclusion of children and property can make for a bitter argument during this period. However, you can always receive help while getting a divorce. At San Diego Divorce Attorney, we can provide professional attorneys who know what they are doing and resources that can prove to be beneficial to your case. A good attorney can help in many ways during a divorce. This can include: mediating, evaluating assets and debts, making arguments for custody, and more to make the whole process less taxing on you. If you feel you need a divorce attorney in the Vista, CA area, please do not hesitate to contact our offices at 858-529-5150.
