If divorce is inevitable, you should hire a divorce lawyer. The legal issues involved in divorce can be complicated. And you want someone who knows the divorce laws of California fighting your corner and competently representing your interests.
The Basics of Divorce
Although your lawyer will handle the more complex issues in the divorce, you should have some idea of what to expect.
There is a residency requirement for a divorce in the state of California. You or your spouse must be a resident of the state for at least six months. Once you have filed for divorce and delivered the documents to your spouse, you must wait six months from the date they receive the paperwork before the divorce can be finalized.
You should also know that there is no common law marriage in California. The only way to prove that you are married is to have a marriage license. You cannot get a legal divorce without such a license, no matter how long you and your partner have lived together.
You really don’t need grounds for a divorce. However, the reasons why you have filed for divorce may influence the judgments of the court. If, for example, you are seeking divorce because of a violent spouse, the court will consider this when dividing the property or awarding spousal support. If your spouse wasted family funds on drugs, alcohol, or gambling, then the judge may order them to reimburse you.
California is a community property state. All assets and debt acquired during the marriage will be shared equally between you and your spouse at the time of the divorce. The property you entered the marriage with will not count in this division. However, if, say, your spouse entered the marriage with certain assets, and you contributed in some way to their increase in value, then you will be entitled to an equal share of the money it now fetches. Inheritances, personal gifts, and property that either one of you owned long before the marriage and was never mixed with the marital property is not affected by this law.
Spousal Support and Child Custody
Much of the negotiation with your spouse will be over spousal support and child custody.
California courts grant temporary spousal support in most cases. Permanent spousal support is granted only in the rare instances in which there has been ten or more years of marriage and one of the parties is unable to work because of advanced age or ill health. The following are some of the factors that the court will use to determine spousal support:
-The earning capacity of you and your spouse
-The extent to which you supported your spouse while they pursued an education or professional license
-Your joint assets and debts
-The respective value of your separate property
-The length of the marriage
-Your respective ages
If you elected not to work and instead spent your time and energy raising your children and caring for your home, it will be difficult for you to find your way back into the job market. The judge will take this into consideration before rending judgment.
Another big issue will be child custody. California courts begin with the assumption that frequent and continual contact with both parents is in the best interest of the child. In furtherance of this aim, the court will lean toward granting shared custody. You should therefore make a good faith effort to negotiate visitation schedule that works for all concerned with your ex. If the two of you can agree on a parenting plan, the court will usually approve it. If there is strong disagreement between you, the judge will take the matter into their own hands and decide how the two of you will spend time with your children.
The judge will also determine child support. If you are designated as the primary carer, then your ex will need to pay the amount set by the judge.
Glendale divorce lawyers have the experience and expertise to help you through these troublesome times. Your attorney will ensure that your financial interests and parental rights are protected.
Although shared custody is the goal desired by the state, you can fight for sole custody of your children if you believe that your ex is not a fit parent. You will need strong evidence to back up such a claim. Your attorney can help you get what you need to protect your future and that of your children.
Here’s an article from Zooomr – an NYC tech startup which promises amazing car lease deals. Money is a major factor in all marriages. It’s one of the leading causes of marital strain and even divorce in this country. Every couple is different when it comes to handling their finances. Some couples work together to handle their money, and other couples handle their own finances independently of one another. Other couples make the decision to appoint one spouse the primary controller of the finances, and that person is the one responsible for handling the bill payments, the expenses, and the budget.
What happens when one partner controls all the money in a house, and the other partner has to ask for money to spend? What happens when one partner allows the other total control and doesn’t even know how much money comes into the household, how much goes out, and what kind of assets the family has? If this is you, you’re not alone. Many men and women want to end their marriage, but they don’t know how to do that when their spouse is the one who controls all the finances. If you’re this person, you do have options.
Understanding Economic Abuse
There are many forms of abuse in a marriage, and one of them is economic abuse. It’s not uncommon for many people to hear this term for the first time when considering a divorce. Unlike physical abuse, emotional abuse, or even sexual abuse, most people have no idea they’re being abused when one partner keeps the other in the dark regarding their financial situation.
Economic abuse is a complex subject, but you must understand your spouse doesn’t get to keep all the money from you when you want to end your marriage. Even if he or she works and provides all the income while you stay home to raise the kids, the income your spouse earns is considered a marital asset. You are entitled to use those funds to pay for your divorce. Each state has different laws, but all states follow this general rule of thumb.
Filing for Divorce
The best thing you can do if you’re looking to leave your spouse is contact a divorce attorney and discuss your issues. Your attorney can file paperwork with the court to allow you to file for divorce even if you’re unable to pay the fees. The court then investigates the financial situation to see if you can afford to divorce your spouse.
If it’s determined you cannot afford to pay for a divorce but your spouse is perfectly capable, most judges will order that the spouse pays for the divorce proceedings. In addition to this, the court might also create documentation ordering your spouse to provide you access to the household financials to get to know where you stand as well as award you your rightful portion of the earnings.
This can allow you to pay for your own divorce. The laws differ by state and by county, but each case is unique. The court looks at all the information provided including the allegations of economic abuse, and that’s how a financial decision is made.
Financial Security During Divorce
If you live in a state where alimony is permitted, you might be awarded a monthly stipend from your soon-to-be ex. This payment is called alimony, and the judge will award it to you with several stipulations. For example, you might be awarded this amount of money from your spouse until your death, until you remarry, or even until your kids are grown.
There’s no way to predict what might occur in your situation without specifics, but your attorney can help you figure out what you want, what you’re entitled to, and what your spouse can afford to pay you each month following your divorce. If you have kids, there will also be a child support award depending on who gets primary custody, with whom the child lives most of the time, and it depends on which parent is able to provide for the child in his or her best interests.
Nothing about the divorce process is fun except the part where you’re officially a single man or woman once again, but it’s still difficult to see your marriage end. If you’re struggling to make the decision to leave a bad marriage due to a lack of financial access provided by your spouse, you’re not alone. Call an attorney to discuss your options for divorce. You don’t have to stay married to someone like this
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