Divorce
Going through a divorce can be an incredibly challenging experience. In California, "irreconcilable differences" with your spouse is the only reason needed to file for divorce, and fault is not a factor.
Several important issues must be resolved during the process, including child support, spousal support, custody, and visitation. Additionally, the division of property, assets, and liabilities must also be carefully addressed.
Taking the time to consult with an experienced attorney about your divorce can help you navigate these complexities, potentially saving you both time and money in the long run.
Legal Separation
In some situations, couples may be unsure about whether they want a divorce, but still need to address important issues like money, property, and custody. Once a petition is filed with the court, it gains the authority to issue orders regarding child support, spousal support, custody, visitation, and any other necessary matters.
If you initially file for legal separation and later decide to pursue a divorce, your attorney will need to file an amended petition to request the court to proceed with the divorce.
Child Custody & Visitation
Child custody and visitation arrangements can be determined during a divorce, separation, or annulment case. Parents must decide how to divide the time their minor child(ren) will spend with each parent.
The court will appoint a Family Court Services Mediator to meet with both parents and help create a parenting plan that serves the best interests of the child or children. After the mediation session, the Mediator will submit a written recommendation to the court regarding custody and visitation.
If the parents cannot reach an agreement on custody and visitation, the judge will make the final decision. However, if an agreement is reached, both parents’ attorneys will draft a custody/visitation agreement and submit it to the court for the judge’s approval.
Determining child custody and visitation is a critical decision. Having an experienced attorney represent you ensures that both your rights and the rights of your child(ren) are properly protected.
Child Support
A child support order defines a specific amount of money that one parent will pay to the other parent each month for the support of their minor child(ren).
In California, there is a statutory formula used to determine the amount of child support to be paid. Child support payments occur until the child(ren) turns 18 years of age or graduates high school, whichever occurs first.
It is also common that a parent may need to make a modification to their previous child support order due to a change in their financial circumstances.
Whether the child support order is the first or a modification to a previous order, it is always best to be represented by an attorney to ensure that you and your child(ren) are represented fairly.
Spousal Support
When a couple separates or divorces, there may be a spousal support order which requires one spouse to pay the other a set amount of support each month for a designated time.
There are many factors that determine spousal support and the amount. Such factors include the length of the marriage, the age and health of each spouse, and how much income each person earns.
Whether you will be receiving or paying spousal support, it is best to be represented by an attorney so that your rights are protected.
Pre-nuptial Agreements
A pre-nuptial agreement is a contract that is drafted and signed prior to marriage. The content of a pre-nuptial agreement varies greatly but often includes terms for the division of property and spousal support in the event of a divorce.
There are many different reasons why you or your future spouse would draft a pre-nuptial agreement. In either case, it is strongly advised to consult and retain an attorney to draft the agreement.
Post-nuptial Agreements
A post-nuptial agreement occurs after a couple is married. The agreement defines such matters as to how the title of their property will be held currently and in the future.
The agreement may also address how the property will be divided if they divorce. Post-nuptial agreements can help both parties understand how marriage impacts their estates.
If you and your spouse are considering a post-nuptial agreement, it is best to consult an experienced family law attorney who can draft an agreement that will meet your specific needs.
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