Blog Post

Understanding “Divorce” and Why You Need A Seasoned Family Law Counsel

  • By Daniel Gold
  • •
  • 10 Jun, 2024
  • •
Legal Rights in Divorce
Divorce can be a challenging and emotionally charged process, but understanding your legal rights can help you navigate it more smoothly, and in the end, get the best resolution possible. 

Community Property

California is a community property state.  What does that mean?? Simply, it means that all assets and debts acquired during the marriage are considered joint property. This includes income, real estate, vehicles, and even debts. During a divorce, these assets and liabilities are typically divided equally between the spouses.

Spousal Support

Also known as “alimony,” spousal support is designed to help the lower-earning spouse maintain a similar standard of living both during and after the divorce process is completed. Factors such as the length of the marriage, each spouse's earning capacity, and contributions to the household are considered when determining spousal support.  

Child Custody and Support

Child custody decisions center on what is in the best interests of the child. Both parents are encouraged to participate actively in their child's life, and the court considers factors like the child's health, safety, and welfare. Child support is calculated using a standard formula that considers both parents' incomes and the time each parent spends with the child.

Division of Property

In addition to community property, separate property—assets owned before the marriage or acquired by gift or inheritance during the marriage—remains with the original owner. Proper documentation and proof are essential to establish separate property claims.

Legal Representation

Having legal representation is crucial in a divorce. An experienced attorney can provide valuable guidance, protect your rights, and help negotiate a fair settlement. They can also assist with complex issues such as business valuations, high-asset divorces, and custody disputes.

Mediation and Collaborative Divorce

Mediation and collaborative divorce are alternatives to traditional litigation. These processes encourage cooperative problem-solving and can result in more amicable agreements. They often save time and money and reduce the emotional toll on both parties.

Conclusion:

Understanding your legal rights in a California divorce can help you make informed decisions and protect your interests. Whether you're dealing with property division, spousal support, or child custody, having the right information and legal support is essential.


To learn more about my services, visit my services page.

Call: 949-756-0684
Email: dgold@tldlaw.com


Disclaimer
This information outlines a few of the concepts that surround separation, dissolution and annulment in the State of California. It is not intended to be, nor should it be construed as legal advice for any particular situation. Please seek advice from TLD Law or your personal attorney in your state or jurisdiction.

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