Understanding “Divorce” and Why You Need A Seasoned Family Law Counsel
- By Daniel Gold
- •
- 10 Jun, 2024
- •
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.
Accurate and complete disclosure helps protect your rights and facilitates equitable resolutions for property division, spousal support, and child support.
Divorce brings significant changes to your financial situation, and understanding the tax implications is crucial to avoid unexpected liabilities and maximize your financial health. From filing status to the division of assets, knowing how divorce impacts your taxes can help you plan effectively for your post-divorce life.
Do you believe there is parental alienation going on in your custody case? Learn how to recognize the signs and protect your relationship with your child. Read our latest blog for insights.
Navigating a high-conflict divorce? Discover strategies to manage disputes, protect your interests, and prioritize your children’s well-being. Read our latest blog for expert tips.
Considering an annulment? Learn about the legal criteria in California and whether it’s the right path for you. Discover the key grounds for annulment in our latest blog.
Going through a divorce? Property division in California can be complex, but understanding the basics can help. Learn about community vs. separate property and more in our latest blog.
Facing an international child custody dispute? Learn how to navigate the complexities and protect your child's best interests. Read our latest blog for essential insights
Grandparents can seek custody or visitation in California, but the process is not straightforward. Courts prioritize the child’s best interests while balancing parental rights, so proving that grandparents’ involvement is necessary requires careful legal navigation. For personalized advice and assistance with grandparents’ rights, contact me for expert guidance.
Unmarried and seeking custody rights? Understand your legal options and how to secure the best outcome for your child. Read our latest blog for valuable insights.
It is striking how far things have some since I was sworn in as an attorney in 1993. I remember the “dawn” of domestic partnerships in California and its evolution to becoming something akin to marriage “lite”; when many other states, and the Federal government did not choose to give legal recognition to same sex relationships.How far things have come since those early days.