Huntington Park Divorce Lawyers
Explain Grounds for Divorce
One of the first things your divorce lawyer can do for you is to explain the grounds for divorce in your state if you don’t already know this information. California is a no fault divorce state, which means that you don’t have to state any specific grounds for wanting a divorce such as adultery. You can simply state that you and your spouse have irreconcilable differences and want to end the marriage.
An experienced Huntington Park divorce lawyer will ask you the right questions pertaining to your relationship. For example, they may ask you whether you and your spouse are living apart and the length of time you’ve been living apart. In general, you don’t have to be living separately for any particular amount of time, but there is a six-month waiting period before a divorce can be finalized.
Provide Objective Advice
A Huntington Park divorce lawyer can provide you with objective expert advice. If you were to represent yourself in your divorce case, it could become tricky due to the personally emotional nature of it. You need someone who is not personally involved who can objectively discuss the factors that can affect your future during and after the divorce. Matters such as spousal support, child custody, child support and visitation rights are always extremely touchy. A divorce attorney can make things easier for you and help the process go more smoothly.
Assess Marital Assets
A divorce attorney will properly assess the marital assets of their client. This is necessary in order to ensure that you and your ex have things properly distributed during the course of your divorce. Unfortunately, in some cases, a spouse may hide the true extent of their assets or debts from the other party. These things are always addressed when you have a divorce lawyer.
Explain Division of Property
Your Huntington Park divorce lawyer can explain the division of property during a divorce. While you may have brought your own property into the marriage, it may be considered marital property. However, if you and your spouse have a prenuptial or postnuptial agreement, certain property or even all property may remain separate. Your lawyer can explain the nature of your property.
Determine Spousal Support and Additional Benefits
Your divorce lawyer can determine whether you or your ex are required to pay spousal support or receive it. Spousal support, also known as alimony, is ordered when one spouse earns a considerably higher income than the other or when the other doesn’t work. The divorce attorney can also find out whether you are entitled to benefits such as continuing health insurance plans, business interests or even pension and Social Security if your marriage lasted at least 10 years.
Help with Custody Planning
A Huntington Park divorce lawyer can also help you with devising a parenting plan for custody that works for both you and your former spouse. They will help you to realize that all matters decided pertaining to custody and visitation are determined based on the best interests of the child.
Prepare Divorce Papers
Preparing the divorce papers is one of the biggest priorities your attorney has before your divorce can be finalized. They can help you to either prepare or respond to the petition for divorce before the papers are submitted to the court for approval.
Negotiate a Settlement
Your Huntington Park divorce lawyer can help you to negotiate a settlement on the marital estate during the proceedings as well. In some situations, your attorney can help you to avoid going to court to settle, which is far better than if you represented yourself. It is also a cheaper option and can be done with a level head with a lawyer.
Represent You in Court
If your divorce case has to end up in court because you and your ex cannot amicably agree on matters such as spousal support, child custody and visitation, your divorce lawyer will prove absolutely essential in helping you litigate.