Divorce is never easy, but it doesn’t have to be as difficult as you might think. If you and your spouse are able to maintain a cordial relationship, and both of you agree on the terms of your divorce, it shouldn’t be too taxing.
However, if things get a little more complicated than you anticipated, there are still ways to make the process less difficult. Even though every case is different, there are some general principles that apply to almost all divorces in California. These basic topics should serve as a starting point for any couple considering divorce.
If you and your spouse are planning on getting divorced but haven’t done so yet, it’s a great idea to familiarize yourselves with these principles first. This way, your divorce will go much smoother when the time comes.
Dividing Property in a Divorce in California
In California, divorce is governed by community property law. This means that all assets and debts acquired during the marriage are considered jointly owned by both spouses and must be divided equally between them in the event of a divorce. This includes both financial assets such as savings and investments, as well as physical property such as the family home. Spousal support may also be ordered in a divorce, which is determined based on each spouse’s need and ability to pay.
Child Custody and Support in California?
California law requires that both parents support their children financially. The amount of child support is based on each parent’s income and the amount of time the child spends with each parent.
If parents cannot agree on child custody and support, a judge will make the decision. California uses the best interest of the child standard to make custody and support decisions. The judge will consider many factors when making these decisions, including the child’s age, health, and relationship with each parent.
Spousal Support in California
Spousal support, also known as alimony, is a form of financial support that is typically ordered by the court during or after the divorce process. In California, there are several factors that the court will consider when determining whether or not to award spousal support, such as the length of the marriage, each spouse’s earning capacity, and the standard of living established during the marriage.
It is generally paid by the higher-earning spouse to the lower-earning spouse and is intended to help the lower-earning spouse maintain his or her standard of living after the divorce. Spousal support is typically ordered for a limited period of time and may be modified or terminated if there is a change in circumstances.
Average Time to Finalize Divorce in California
The divorce process in California can take anywhere from six months to a year, depending on the complexity of the case and the cooperation of the parties involved. If both parties are able to reach an agreement on all issues, the process can be shorter. However, if there are contested issues, the process can take longer.
California Legal Separation vs. Divorce
A legal separation in California is when a couple decides to live apart but is still legally married. This means they can’t remarry or enter into a domestic partnership with someone else. A divorce is the end of a marriage. If you get a divorce, you’ll need to make new arrangements about child support, child custody, and spousal support.
To get a legal separation in California, one spouse must file a petition with the court. The other spouse must then be served with papers. The divorce process is different if both spouses agree on all the terms of the separation or if they don’t agree. If you can’t reach an agreement, you may need to go to court to get a judge to make decisions about your case.
Cost of a Divorce Lawyer
The majority of divorce lawyers handle cases on an hourly rate basis. However, some may be willing to work on a flat fee basis depending on the specifics of the case. It is best to consult with a divorce attorney to discuss pricing options before moving forward.
Schedule a Consultation With a Redwood City Divorce Lawyer
A divorce can be an overwhelming experience for even the most level-headed individual. When going through this process, it’s important to understand all of your options and potential risks in order to make the best decision regarding your individual circumstance. To ensure that you go into this process with all of the information available, schedule a consultation with a Redwood City divorce lawyer. Contact the Law Offices of Bradley Bayan at (650) 364-3600 to set up an appointment today.