Divorce Law

Each year, about two and a half million people get a divorce. Statistics show that about half of all marriages end in divorce, but in California, the rates are believed to be even higher. Two thirds of divorces are initiated by women. There are over a million children affected by divorce. For most, divorce proves to be one of the most difficult experiences in life. If you are contemplating a divorce, it is important that you take into consideration not only the interpersonal issues that you will surely face, but the legal ones, as well. For couples with children, additional factors will come into play also.

Those planning a divorce often misunderstand their legal rights and responsibilities when it comes to the laws on divorce. Understanding these things, then, will affect the outcome of your divorce. It is essential that you become as informed as possible on this subject. You must decide what is and is not important to you, and then to plan accordingly.

The greatest area of impact by far is in the area of finances, so it is important that you do your research in this area before you make any final decisions regarding your divorce, or to at least seek legal counsel ahead of time. It is often helpful to make a list of your assets, and then to try to think through your priorities so that your attorney can help you negotiate a fair a reasonable settlement.

The dividing of assets is a difficult aspect of any divorce, to be sure. This can include real estate, bank accounts, retirement accounts, pensions, stocks and bonds, and any other assets a couple has acquired together. All these decisions will affect more than the couple's present, but their future financial well-being also.

If there are children involved, things become even more complicated in a divorce scenario. Parents who divorce will have to decide which parent the children will live with and how the parenting responsibilities will be divided. Child custody issues, then, as well as medical health insurance, child support, and a multitude of other decisions must be made. Visitation rights for the non-custodial parent are another volatile issue that comes up in divorce situations. If these decisions cannot be agreed upon amicably, a judge will have to make the final decision. 

Although it is legal to obtain a divorce without the help of an attorney, it is always advisable to seek legal counsel simply because of the complex legal issues involved.
Mediation is obviously much less expensive than litigation; in fact nearly sixty percent of divorces are done without attorneys involved. Unfortunately, custody battles can be as costly as divorce proceedings when it comes to lengthy court battles.?

In California, you must declare grounds for divorce in order for divorce to be granted. California is a no-fault divorce state. No-fault laws allow one spouse to file for divorce without the consent of the other spouse.?

Since California is a community property state, both spouses have equal rights to all property acquired during the marriage. Under most circumstances, property is divided equally between spouses, unless spouses agree otherwise. When economic circumstances warrant, however, the courts sometimes award assets to one spouse or make unequal divisions of community property based upon the other spouse's earning capacity or contribution of the property. Debts are also another consideration in the division of responsibilities that must seen to in a divorce proceeding.

The subject of alimony can be a difficult one and often requires the help of a family law attorney. Often these decisions must be reached in court. Whether spousal support is awarded by a court is determined by several factors:

If the remaining spouse is capable of self-support

The duration of marriage

Standard of living established during the marriage

The earning capacity of each spouse

The financial resources of the spouses

The contribution of each spouse to the marriage

The age and health of each spouse

The ability of the supporting spouse to pay 

Whether there are children who must be cared for by the remaining spouse

Finally, if there are children from the marriage, you will have to deal with the issue of child custody and support. Of course, the courts seek to award joint or sole custody to parents based on what is in the best interests of the child. Some factors taken into consideration include the preference of the child (if old enough), and the desire and ability of each parent to provide a safe and loving home to the child. If there is a history of abuse, whether spousal abuse, child abuse, alcohol or drug abuse, or marital misconduct, all of that comes into consideration here. As for child support, either parent could be ordered to pay, as well as be required to provide medical insurance for the child. We recommend contacting a divorce attorney who specializes in divorce and family law issues for help and additional information.

We hope this information has been helpful for you. The following links will provide additional information, as well, on these subjects.

http://www.divorcenet.com/

http://www.divorcehelp.com/

http://www.caldivorceguide.com/

http://www.divorce-forms.com/