Divorce is far more than merely a marriage's end; it means going through a complicated legal process in order to resolve several important financial, personal, and legal matters. One of the worst things anyone can do when starting the divorce process is to not do their research about it first. Below, we discuss important issues surrounding California divorces and how skilled legal assistance can be beneficial to individuals experiencing this challenging life event.
Should the divorcing couple have minor children, the welfare of said youngsters should be at the top of the splitting factions priorities. California courts enthusiastically urge separating parties to develop a parenting plan, which is also legally referred to as a custody and visitation agreement.
This arrangement is a written contract including a time-sharing plan denoting when and where the couple's children will spend their time. Typically, one parent holds a greater percentage of physical custody. This means the spouse with whom the children live most of the time. However, the non-custodial parent still spends a discernible amount of time with their children, including weekends, certain holidays, and summer vacations.
Also typically included in this agreement are arrangements regarding how important decisions will be made on the children's behalf. Moreover, additional clauses might cover who will provide medical insurance coverage, higher education costs, and other expenses pertaining to the child's needs.
In most cases, agreements that are mutually agreed upon and officially endorsed by the parties in question will be accepted by the court providing the presiding judge feels the contract serves the children's best interests. However, should splitting factions not be able to reach an amicable arrangement, the courts will be forced to award custody and draft an agreement it feels best serves the children's needs.
In accordance with State law, assets accrued during a marriage's duration are considered community property, meaning each spouse owns said materials equally. Separate property can include holdings owned prior to marriage, gifts, and inheritances. These are considered separate property and therefore not subject to allocation.
Marital property encompasses numerous types of assets, including:
Checking and savings accounts held at banking institutions are subject to division, as are stocks and investments at brokerage houses.
Real property is defined as property other than the home the couple shared. Should the couple purchase land or other residences during their marriage, the proceeds of said assets can legally be split.
Other tangible assets, like vehicles, boats, jewelry, artwork, clothing, collectible items, or any other material with the appreciable monetary value could be allocated.
Courts encourage parting partners to work out a distribution arrangement they both can agree upon. Additionally, said individuals must evenly split their debts like mortgages, automobile payments, home loans, and any other mutually acquired debts. On certain occasions, one spouse might be required to remit more of the debt provided said party bared responsibility for accruing the deficit in question.
Should separating subjects be unable to reach an amicable agreement, the court will intervene by having the couple's marital property appraised and then subsequently dividing said assets in a manner the legal authority believes is as fair as possible to both parties.
Speak to a San Diego Divorce Lawyer That Cares
Divorce is never easy. However, with the assistance of one of our experienced San Diego family attorneys, the process might be somewhat less daunting. At Embry Family Law P.C., we can help you perform crucial tasks, such as, identifying assets, negotiating with your spouse and their legal representation, and hopefully reaching a fair and acceptable agreement. However, should the two sides snot agree, we can represent your interests in court and fight to win you the best divorce decree possible.
For more information about how we can help you, call our firm today at (619) 485-6476.
About the Author
Attorney Ben E. Embry is the founder of Embry Family Law and offers compassionate representation to those who are faced with complex family law matters, such as divorce. He is highly experienced in handling the difficult details that a complex divorce can take and is prepared to utilize his skills for your family's benefit. He understands how difficult of a time it is for your family, with or without children involved. In this time of need, you can count on Attorney Ben Embry to offer sincere guidance and powerful advocacy. His motivation comes from the fact that he has faced personal heartache resulting from the loss of a friend and business partner. There are numerous forms of heart break, and he can empathize with your personal situation.
When not fighting for the rights of others like you, Ben is with his wife, Torrey, and their three kids: Riley, Ronnie, and Reesey.