Divorce Lawyers Greenfield

Divorce Lawyers Greenfield

Divorce is a uniquely personal journey for every couple who experiences it, but divorce is also the dissolution of the marital contract, which can be a complex legal matter. If you are ready to pursue a divorce or your spouse has already served you with divorce papers, it is important to take proactive steps to protect your best interests, like consulting with an experienced divorce lawyer in Greenfield. 

Setting Divorce Priorities

While the terms of each divorce will be based on the circumstances involved, divorcing couples must resolve each of the following that applies:

• The division of marital property
• Child custody and parenting time 
• Child support
• Alimony 

If divorcing spouses have already reached an agreement on any of these issues – or are able to resolve them as the divorce proceeds – the court’s intervention regarding the terms of the divorce settlement may be minimal. However, couples who have exhausted their negotiation options and still cannot reach a resolution will likely need to litigate the remaining matters in court, which is often more costly and time-consuming than reaching an agreement through negotiation. When entering into divorce negotiations, it is important for each spouse to put careful thought into the terms of the divorce that are most important to them and allow each party’s priorities to guide the negotiations.

The Division of the Community Estate

In California, nearly all assets or property acquired by one or both spouses over the course of the marriage is deemed community property, meaning it legally belongs to both spouses. Exceptions to community property include large gifts or inheritances made to one spouse. Upon divorce, marital assets – as offset by marital debt – are generally divided between both spouses equally. Separate assets that belonged to either party prior to marriage and that were kept separate throughout the marriage remain the separate property of the original owner. Determining what is considered separate property can be difficult, but a skilled Greenfield divorce lawyer can help.

Child Custody and Parenting Time

Child custody in California is divided into two types – legal custody and physical custody.

Legal Custody is the authority to make primary parenting decisions for a child. The kinds of decisions that fall into this category include:

• Schooling
• Medical care
• Extracurriculars
• Vacations, travel, and summer breaks
• Religious upbringing

Physical Custody refers to where the child(ren) will live most of the time. Physical custody can be sole, meaning the child lives with one parent only, or joint, meaning shared by both parents.

Parenting time, on the other hand, sets the parenting schedule that determines when the children are with one parent or the other. This was previously known as visitation. Whenever California courts are tasked with making decisions that directly impact children, they will be guided by what is in the child’s best interests, which involves taking a wide range of relevant factors into careful consideration. To better understand how these factors impact custody cases, contact an experienced Greenfield divorce lawyer.

Child Support

Child support is calculated according to the state’s set process. The primary factors that determine the child support obligation are each parent’s individual income and the amount of time they spend with the children.

Turn to an Experienced Divorce Lawyer in Greenfield for Help with Divorce

The seasoned divorce lawyers at Miranda, Magden & Miranda, LLP have been proudly serving families in Greenfield, California, and the surrounding communities for many years. We are well-positioned to help you successfully navigate the divorce challenges you face – in pursuit of terms that honor your brightest future. Learn more by contacting us today.