Divorce is a difficult process that can be stressful for many families. In California, there is no need to prove fault in a divorce case, but that does not mean that these proceedings are free from blame and contentious arguments. If you are considering filing for divorce, it is important to hire a divorce attorney to help you manage your case and negotiate terms with a level head. Call our Carpinteria divorce attorneys to schedule a free legal consultation with our divorce attorneys. The divorce lawyers at the Law Offices of Bamieh and De Smeth have combined decades of experience handling divorce cases on behalf of our clients and helping them negotiate the problems and arguments that arise in divorce proceedings. To schedule a free, confidential consultation on your divorce case, contact our law offices today at (805) 643-5555.
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Divorce and Related Legal Issues in California
When you file for divorce, the divorce itself is not the only matter the court must address. When hearing a divorce case, a judge will need to make decisions regarding how the couple’s assets will be divided, whether alimony will be paid, which party will get custody of any shared children, and whether the other parent will pay child support. In many cases, you can create an agreement with your spouse to establish how these questions will be handled. However, a judge must still approve the agreement, so you must handle these issues in court.
Asset Division
California is a community property state, which means that there is a presumption that you will divide all shared assets 50/50 when you get a divorce. This typically means that each spouse will take assets and holdings of equal value rather than dividing each item in half. However, things like a shared home might be sold, and the profits might be split to satisfy the 50/50 division.
If you have a prenuptial agreement in place, it may dictate many of the rules on how property will be divided, making this process easier. You may also set up a postnuptial agreement with your spouse during the life of the marriage to determine the asset division, or you can make an agreement during divorce proceedings as to how assets will be divided.
Alimony
Courts want to ensure that both spouses have adequate care and support after a divorce. If one spouse relies on the other for income, funding for health care, and maintaining their standard of living, the court may order payments to support them. If the payments are ordered during the divorce proceedings, they are known as “alimony pendente lite,” or ongoing payments after the divorce is finalized are known simply as “alimony.” Alimony is not awarded in every case, and you must show the court that you need it to receive it.
Child Custody
Whenever two parents are moving to separate households because of divorce, the court should determine which parent gets custody. You may be able to agree to certain terms with your spouse as to how custody will be divided, but the court can step in if there are any problems enforcing custody. Courts usually require there to be a custody order in place before they will finalize a divorce.
Child Support
If the parents live in separate households, the parent who has the children living with them may need help paying for their support and expenses. Child support makes up for the difference in parents’ ability to financially support their children and is part of a court decision separate from child custody decisions. Typically, courts also allow agreements for spousal support, especially if they involve support above and beyond what the court would have ordered. Like child support orders, courts will typically not finalize a divorce unless there is a child support order in place.
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Requirements for Filing for Divorce in Carpinteria, CA
California law does not require that you be married a certain length of time before getting a divorce, nor does it require that you were married in CA. Instead, the main requirement for filing a divorce case in California is that you or the spouse must be a resident of California for 6 months. In addition, you must be a resident of the county in which you are filing for 3 months. That means that if you and your spouse split up and move to another county, you may need to wait 3 months before you are a resident of your current county and can file for divorce there.
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