Whether you’re considering filing for divorce or have just been served with divorce papers, we’re here to help. Our law firm provides assistance with most divorce-related issues, including initial filings, property division, support and custody matters, as well as modifications and appeals.
Joshua Tree Divorce Law
The first step in the divorce process is to determine whether or not you meet the state’s residency requirement. You will also need to specify a legally recognized reason to dissolve the marriage, which is referred to as the “grounds for divorce.” An attorney can be helpful in this process and will make sure the appropriate court forms are filled out correctly and filed on time.
Note that a divorce can be either uncontested or contested. In an uncontested divorce, both spouses agree on the major components of the divorce, including all of the terms of separation. By contrast, in a contested divorce, one or both spouses either do not agree to separate or disagree on one or more of the divorce terms. In this case, the matter will proceed to court and be decided by a judge.
Division of Assets and Debt
Keep in mind that California is what is known as a community property state. This means that any property acquired by either spouse during the marriage will be divided equally as part of the divorce.
Now, there are some exceptions to this rule, and it can be difficult for spouses to determine what type of assets are considered community property. For that reason, having an attorney involved in your case can help make sure that all of your property is accounted for and classified correctly.
Alimony
In some cases, one spouse may be entitled to money from the other spouse in order to help ease the transition to living independently. This obligation is referred to as “alimony” and it may be required in divorces where there is an imbalance in income between the couple.
For example, one spouse may have been the primary wage earner during the marriage, while the other spouse acted in more of a support role. In this case, the court could order payments to the supported spouse until he or she can either increase earning potential or obtain employment.
The court will look at a number of factors to determine whether alimony is appropriate and how much a spouse should be ordered to pay. These factors typically include things like the job skills and educational background of the spouse requesting support. The judge would likely also consider the current job market and take into account cost of living measurements.
Keep in mind that the court has tremendous flexibility in crafting alimony orders. Further, support obligations may be either permanent or temporary in nature, and can be structured as either a lump sum settlement or in the form of periodic recurring installments, such as monthly cash payments.
Child Custody & Visitation
If you have minor children, understand that the court will determine custody matters according to what is deemed to be in the best interests of the child. This requires a judge to weigh several factors, including the:
- Child’s preference
- Relationship the child has with each parent
- Degree to which each parent can provide for child
Note that there is a difference between “legal custody” and “physical custody”. Legal custody is the ability of a parent to make major decisions regarding the welfare of the child. Examples would be deciding where the child attends school, obtains medical care, and what religion is practiced. By contrast, physical custody refers to which parent the child lives with.
Under California law, a parent can be awarded sole legal custody and/or sole physical custody. Both types of custody can also be shared between parents, referred to as “joint” legal or physical custody. If physical custody is awarded solely to one parent, the other parent typically has visitation.
Child Support
In California, both parents have a duty to financially support their minor children. In cases where one parent has more overnights with the child and/or earns less income, the court will likely order the other parent to pay a child support obligation.
The amount of child support a parent is ordered to pay is set by state statute according to a mathematical formula that takes into account the paying spouse’s monthly net income.
Marital Settlement Agreement
In cases where there is little dispute over the major terms of the divorce, a couple can enter into what is known as a marital settlement agreement. These agreements become enforceable contracts, and provide divorcing spouses with more control over the process. This can reduce much of the uncertainty involved in going to trial and having a judge make these decisions.
The settlement agreement will resolve all matters related to property and debt, alimony, and child custody and support. Because these documents are legally binding, it is best to have them drafted by an attorney. As part of this process, the lawyer will explain the terms of your agreement and what your obligations will be after the divorce is finalized. Once the document is approved by the court it will become part of your final divorce decree.