Filing for divorce is a big decision. When making the decision to get divorced, you need to be prepared for the potential legal issues, and it is vital to have an experienced divorce lawyer in your corner to help support you. Divorce may come with several related issues, such as how to divide your marital property, whether you can receive alimony payments, who takes custody of the children, and whether you will pay or receive child support payments.
The Oxnard divorce lawyers at The Law Offices of Bamieh and De Smeth represent spouses in their divorce cases. Dealing with the legal issues that surround divorce is our job, and we work hard to help our clients understand the choices they need to make, and we fight in court to enforce those decisions. For a free consultation on your divorce case, contact our law offices today at (805) 643-5555.
Grounds for Divorce in California
California is a no-fault divorce state. That means that if you want a divorce, there is no need to prove that your spouse cheated on you or abused you. Instead, you can have a divorce granted by claiming that the marriage simply does not work anymore and that you wish to cut ties with your spouse. In some cases, your spouse may agree, and the divorce can move more smoothly. However, not every case works this well.
Legal Issues Surrounding Divorce in Oxnard, CA
Once you file for divorce, you start the process of legally and financially separating yourself from your spouse. In some cases, spouses have clear lines regarding what assets they want to keep, they have jobs to support themselves, and they have no children to worry about. These divorces are simpler but may still require an attorney. However, most divorces require looking at these issues alongside the divorce itself.
California is a “community property” state, meaning that all marital property is divided 50/50 upon divorce. However, any property you brought to the marriage is your “separate property” (or “individual property”), and you get to keep it when you divorce. Many arguments arise based on whether something is individual or marital property and what each party should get in the divorce. Having a prenuptial agreement or postnuptial agreement can help define these terms earlier-on, simplifying the process later.
Many marriages see one person earning the majority of the family’s income, or at least earning more than their spouse. In these cases, the spouse that makes less money may be able to use a house or money gained from property division to support themselves, but they may need more. Especially if the marriage lasted for a long time or the spouse suffers from medical issues, they may need ongoing spousal support (a.k.a. “alimony”) to provide for themselves.
If there are children in the marriage, divorce can be more difficult. Deciding which parent gets to keep the children in their home is often a heated debate. California law prefers to give joint custody to both parents if they both want custody, meaning they both continue to make decisions in their children’s lives. However, one parent usually gets more time, or their home becomes the child’s primary residence. Talk to an attorney for help with these child custody issues, especially if your spouse is abusive or abuses drugs or alcohol and should not have access to your children.
When you have the children in your home, you may not have as much free time to work. This may entitle you to receive child support payments from your ex-spouse to help pay for the children’s needs.
High Asset Divorce in Oxnard, CA
If you are a business owner or investor, and you have substantial wealth, your divorce may involve financial complications. Especially if your spouse does not have their own wealth to fall back on once they are single again, they may be entitled not only to half of your assets during property division, but to alimony payments to help support them. Because they can be entitled to a 50/50 split of the assets, this may severely hurt your finances, your business, and other aspects of your wealth.
In many cases, you may be able to set agreements that deal with how your assets will be divided, what counts as separate property, and how much spousal support will be issued upon divorce. These can be stipulated to as part of a prenuptial or premarital agreement. Alternatively, you can make a similar postnuptial agreement after you are already married. These agreements are often very difficult to overcome without evidence of fraud or coercion and can help protect your assets and business from being drained by your divorce.
Oxnard, California Divorce Lawyers Offering Free Consultations
Whatever your family situation or conditions leading to your divorce, our attorneys may be able to help. Our Oxnard divorce attorneys have decades of experience in the law and may be able to represent you on your case. We can work to help you and your spouse come to agreements on difficult issues or argue your case in front of a judge to fight to get you positive outcomes. For a free consultation, contact The Law Offices of Bamieh and De Smeth today at (805) 643-5555.