El Monte divorce lawyers
What happens in a divorce?
The divorce process is initiated by one of the spouses filing a petition with the court. The petition sets forth that party’s wishes related to the grounds for divorce, division of property and debts, spousal support, child custody and child support. This petition is then served on the other party.
After the other party is served, they must file a response in order to avoid entry of a judgment by default. The response will set forth the areas of disagreement and may include that party’s counterclaim.
After the response is filed, the parties exchange information through the discovery process. The discovery process allows the parties to receive complete information and know what to expect.
While the case is pending, the parties may participate in dispute resolution processes, such as mediation. If the parties are able to compromise and reach an agreement, then the agreement is memorialized in writing and submitted to the court.
If the case cannot be settled, then there will be a trial held. At trial, each party will have the opportunity to call witnesses to testify. The parties may also present evidence for the court to consider. Each party will have the opportunity to set forth their case and present argument. At the conclusion of trial, a judge will issue a decision to resolve all remaining issues in the case.
How are property and debts divided?
In a divorce case, the property and debts of the parties are divided. California is a community property state, which means that each party keeps any separate property that was owned prior to the marriage, inherited or received as a gift. Property, income and assets accumulated during the marriage are to be divided in an equitable manner.
The community property laws also apply to debts. This means that debts that a party had prior to the marriage will remain that party’s sole responsibility. Other debts that were accrued during the marriage will be divided through the divorce.
How is child custody determined?
If the parties have children, then the divorce will also address how child custody and visitation is to be handled. When a court determines a child custody schedule, it is supposed to consider the best interest of the children. This includes consideration of several factors, such as:
- Each parent’s wishes
- The wishes of the children
- The need to promote continuity and stability in the children’s lives
- The interrelationship of the children with the parents and siblings
- The characters of the parties and others involved
- Issues such as domestic violence and substance abuse
- Any other relevant information
Child support will also be ordered in cases involving children. The amount of child support will depend on each parent’s incomes and assets and the custody schedule ordered by the court.
Why should you hire a divorce lawyer?
Divorces can be complex and important interests are at stake. To ensure that your rights are protected and that you understand how the law applies to your case, you should seek out legal representation from an experienced divorce lawyer.
A lawyer will provide legal advice that is specific to your situation and the facts of your case. They will help you know what to expect during the process. An attorney will prepare the necessary documents to pursue the process and any action that would be beneficial to your case.
When choosing an attorney, it is important to look for someone who is experienced and has a proven track record in court. Our El Monte divorce lawyers have represented clients in a variety of different situations. We know what to expect and what strategies will be most successful.
If you are going through a divorce or anticipate your relationship headed in that direction, then contact us to schedule a consultation. We will help answer your questions and provide advice about what you should do.