While divorce is difficult on an emotional level, it is also a challenging legal matter that will directly affect both your post-divorce finances and your parental rights. If you are facing a divorce, reaching out to an experienced California divorce lawyer near you is the most important first step you can take.
While your divorce will not fit a preset mold, the basic terms that are necessary to resolve do not vary, including (as applicable):
You will need the court to make determinations on your behalf for any terms that you are ultimately unable to resolve between yourselves.
Those assets and properties that you acquire over the course of your marriage are considered marital, which means that you and your spouse own them together – regardless of how you acquired them or who paid for them. Upon divorce, these marital assets (or their value) must be divided between you equally. The divorce terms that are most likely to become contentious include the division of your marital assets and child custody.
Child custody in California is divided into both physical and legal custody. Physical custody is addressed as parenting time, and it sets your parenting schedule – or when your children are with you and when they are with their other parent. While schedules can vary considerably, your basic options include splitting your time relatively evenly or one of you becoming the primary custodial parent and having the children with you the majority of the time.
Legal custody, which can be either sole or joint, determines how you will address the matter of making primary parenting decisions moving forward.
Child support is the mechanism employed by the state to help balance your children’s financial support between you and your ex. Although many elements can play a role in how child support is calculated, the primary determinative factors include your incomes and your parenting time schedules. Even, however, if your parenting time is divided equally, the parent who is the higher earner is likely to pay child support.
The State of California refers to alimony as “spousal support,” and it is typically ordered in those divorces in which one spouse is unable to continue supporting himself or herself financially once the marriage ends. Generally, alimony is ordered for an amount of time that allows the recipient to obtain the job training or the education necessary to become more financially stable.
If you are facing a divorce, the trusted California divorce lawyers at Miranda, Magden & Miranda, LLP, in Monterey are standing by to help. We have the experience, drive, and compassion to skillfully advocate for a favorable case resolution that upholds your rights and allows you to move forward with greater ease. For more information, please do not delay reaching out and contacting us today.
Thank you Miranda and team for the excellent service provided. Miranda is a compassionate, understating, extremely knowledgeable and professional attorney. Her team was always on top of everything making my legal process less stressful. I could never thank Miranda and her assistant Ingrid for holding my hand throughout this difficult process (literally). Miranda is one of the BEST immigration lawyers ever! I would definitely recommend her.
They represented my custody case and handled it like it is their own case and they are best in Monterey County.
The entire team at MMM are superstars! I appreciate all the time and prep that went into my original case many years ago. And now recently, I asked for some help on a follow-up custody matter that I felt I could handle myself but just needed their expertise to properly represent all the important details. They are knowledgeable, extremely thorough, and prepared me for every possible scenario. I can't thank them enough!
My partner and I sought legal advice on bringing my fiance' to the United States with this office after having called a few immigration attorney offices around Monterey County. Having never sought legal advice before it was a refreshing experience in which we both really felt that Patricia listened intently to our goals and needs, and then not only gave us thorough advice, but also she really showed a lot of empathy with our situation and all the challenges we faced in what we trying to do. I would definitely recommend this office for anyone who is unclear about what..
Working with Patricia was a professional encounter unlike any other, an absolute 5-star experience. From the first moment, we walked into our consultation until the moment our case was closed and my husband walked away with his permanent resident card Patricia was communicative, professional, and thorough. Her team contacted us every step of the way providing valuable process and law changes we would not have been able to catch if we tried to navigate this endeavor alone. Patricia answered our endless question stream with thoughtfulness and care, calling us countless times to ensure we were clear on every piece of..
Last year, I had just moved in the area and needed a family law attorney for a custody case. The process of finding/choosing an attorney could be daunting. However, when I went in for my first consultation with Levi my stress level was immediately mollified. He was personable, which made me feel comfortable to discuss my personal matters freely. I had a lot of questions of the legal process that would take place and he took the time to explain everything with meticulous detail. More importantly, when I called Levi he returned my phone calls in a timely/professional time frame...
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