If you are facing a divorce, you can expect emotional twists and turns – along with legal complications that can be daunting. The bottom line when it comes to divorce is resolving your primary terms favorably while protecting your parental and financial rights, which experienced divorce attorneys in Monterey County can help you with.Â
One of the primary terms of any divorce is the division of marital property. Marital property refers to those assets that you and your spouse acquired while you were married. Details such as who made the purchase or whose name is on the lease do not alter the fact that these assets belong to both of you and must be divided between you evenly in the event of divorce.Â
Your separate property that you brought into the marriage with you and kept separate throughout will remain yours alone, but maintaining the necessary division between marital and separate property over a long marriage can be a considerable challenge.Â
Child custody in California is addressed in terms of both legal custody and physical custody (or parenting time). Legal custody determines how you and your children’s other parent will tackle the major parenting decisions, such as the following:
You and your ex can make each of these decisions together, but the following options are also available (depending upon your unique circumstances):
Parenting time determines the schedule by which you and your children’s other parent divide your time with the children. You have nearly limitless scheduling options, but – generally – you will either divide parenting time somewhat evenly, or one of you will become the primary custodial parent while the other has a visitation schedule.Â
Child support in the State of California is based on a straightforward calculation methodology. While a range of variables go into the process, you can generally expect the higher earner to have the child support obligation – even if your parenting time schedules are fairly equal.Â
In California, alimony is called spousal support, and it only plays a role in those divorces in which one spouse experiences a divorce-driven financial downturn. If one spouse is not able to support himself or herself financially post-divorce and the other has the means to help, spousal support may be ordered.Â
The terms of your divorce will have an immense impact on your post-divorce future, and the dedicated divorce attorneys at Miranda, Magden & Miranda, LLP, in Monterey are committed to skillfully advocating for terms that not only uphold your best interests, but that also work for you. Learn more by contacting us today.
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