Whittier divorce lawyers
Divorce is many things. It’s a process to get out of a relationship that isn’t working out. It’s a chance for a fresh start. It’s the opportunity to tell the world they have moved on from a prior relationship. All those who are in the process of divorce or thinking about it in some way should always remember the process of divorce is a legal one. Married couples, for example, have certain legal rights. They may not be called upon to testify against each other in a court of law. A married couple also enjoys certain tax advantages under law. The decision to stop being married or get married to another partner is one that should be done carefully. All aspects of the divorce from the financial issues to any decisions about child custody arrangements have a legal aspect. Working with Whittier divorce lawyers can ensure that everything related to any divorce is done in accordance with California divorce laws.
Your First Steps
Any plans for a divorce must be done with great deliberation. The divorce plans will serve as a blueprint for the rest of the interactions each party can expect going forward. This is the time to think about not only the process of dissolving the marriage but what is going to happen afterwards. Each party may have their own, slightly differing agenda. One party, for example, might wish to remain in Whittier while another might wish to move to another part of the state or even somewhere else entirely.
The decision to move can impact many areas of the divorce. A couple might need permission to break a lease because one party can no longer afford the rent on their own. The couple may have purchased a house while they were still married. If one party wants to move, the other party will need to change the name on the mortgage. They might need to make other fiscal arrangements in the process. In California, many couples only head to the altar if they have a prenuptial agreement in place. This agreement is about ensuring that the couple’s assets are fairly divided in the event of a divorce.
Prenups can enforced. A simple prenuptial agreement can make it easy to get a divorce. However, people should keep in mind that a prenuptial agreement does not dictate all that happens when it comes to the division of assets. Circumstances may be different now. The agreement may not fulfill the requirements necessary under California law to be valid. Any parties who are thinking about divorce should have this document on hand before they begin. The same is true of all other documentation.
Everything from the marriage certificate to the mortgage on the house and recent tax returns should be on hand once the divorce process starts. Whittier divorce lawyers can help by explaining what is needed beforehand and why. They can also help any client track down any missing documents and find copies that may have been misplaced.
The Divorce Process
In general, the divorce process follows a certain timeline. Lawyers can help clients understand what papers need to be filed and when. They can also help with them any kind of court appearance that might be necessary during the procedure. For example, one party may have prior legal experience in some form while other does not. Knowing what is going to happen as the divorce continues can help any person divorcing feel more at ease and confident their needs will be met by the procedures involved. It can also help them feel confident enough to speak out in their own favor and ensure that any arrangements going forward take into account their specific needs.
The parties should think about what they want from the process. One partner may want to remarry as soon as possible. The other might be simply content to leave the options open while not being involved another relationships. Each party also needs to think carefully about their joint live together as a couple. For those who’ve been married for many years, the decision to part often means breaking up significant accumulated assets as well as coming to a decision about their children.
Given how complicated divorce can be, it’s no wonder that effective legal counsel is a must. Experts can help at every turn. A lawyer can provide assistance with the process of getting items ready to start the divorce. They can also help with details such as the process of providing child custody arrangements before the divorce is formally concluded. A lawyer can also stand up for one party and make sure that party is given their due under law and has financial needs met. Working with Whittier divorce lawyers can ensure that any divorce is concluded quickly and easily.
In some instances, it is possible to modify the divorce documents if you don’t agree with the grounds that are set forth initially. You would need to talk to an attorney who specializes in family law and divorce in order to get the documents modified. Most attorneys and courts understand that emergencies arise and that things might happen in life that would result in changes that need to be made. As children get older and living expenses change, then the information in the divorce would need to be changed as well.
In most states, a child custody agreement and any spousal support agreements cannot be changed unless one party can show that a significant life event has occurred that would result in a change in the amount. You would need to provide proof that the event has taken place, such as losing your home or losing your job. This change needs to have occurred since the initial amount of the support order was put into effect. Since most family courts are already busy with child support hearings and spousal support hearings, those who are involved in making changes want to be able to justify making a change to the divorce. If there is now substantial proof or your attorney doesn’t think that the change is worthy, then you likely won’t be able to make a modification. You should talk to your attorney about the advantages as well as the disadvantages of making the changes. Sometimes, it’s best to try to ride out the circumstances instead of putting your children through the ordeal of modifications in child support and child custody or if the changes filed will only result in a minimal difference in the payments received.
There are a few common reasons as to why you might want to modify the grounds for divorce as well as the information that is in the divorce documents. Changes to the grounds for divorce often result if you state that any abuse or adultery didn’t occur after stating that it did. Changes in spousal or child support are also common reasons to modify the divorce along with the loss of a job or moving to another area that is outside of the area listed in the divorce documents. Most of the time, those who seek to make changes to the divorce are trying to find a way to decrease the amount of money that they have to pay, which is something that you need to keep in mind if your spouse wants to make changes. If you are the one who is trying to make changes, then it could be because you want or need more money from the spousal or child support agreement. If you have lost your job or there has been a decrease in the number of hours you work, then this would be grounds for modifying the divorce. Most of the time, changes like this are clear-cut and can be quickly presented to a judge. This means that it shouldn’t take much time to make the changes to the divorce agreement. However, if the other party doesn’t agree, then you might have to provide further documentation or go in front of the judge with your attorney to get the modification pushed through.
In many situations, child support is the payment that is often changed more than spousal support because the children in the relationship have to be cared for no matter what. Spousal support is sometimes the payment that is dropped the easiest if there is proof that circumstances have changed and the other party can no longer make the payment. If your child has experienced a medical emergency or there are other medical issues that have occurred since the divorce was filed, then it could be grounds for modifying the agreement. You would need to provide proof of the medical bills as well as any long-term treatments and medications that you or your child would need. You can usually file for a change if living and transportation expenses are higher after moving to another town. However, you would need to demonstrate that the move was necessary. If you are only moving because you no longer want to be in the same town or if you are moving to a location to be near someone you’re involved in a new relationship with, then you might not be able to make changes to the divorce. Custody is another change that can be made. You could request more time with your children or make changes so that both parents spend equal amounts of time with children involved in the relationship.