Divorce Lawyers Monterey County

Divorce Lawyers Monterey County

Divorce has a way of throwing your life into flux, and the uncertainty involved can be exceptionally trying. Because your rights as a parent and your finances are both on the line, focusing on obtaining divorce terms that uphold your best interests is paramount, and an experienced divorce lawyer in Monterey County can help you with that. 

Your Financial Future

Your finances will be directly affected by how the terms of your divorce are resolved, and those that that apply include:

• The division of your marital property
• Alimony (called spousal support in California)

Those assets that you and your ex began acquiring from the time of your marriage are considered marital property, and because the State of California is what is known as a community property state, these assets – or their value – must be divided between you and your ex evenly upon divorce. While any separate property that followed either of you into the marriage will remain your own, the separate nature of such assets can be lost if the properties in question become commingled with marital assets.

Spousal support can also play an important role in your post-divorce financials. If divorce leaves you with a financial deficit and your divorcing spouse has the means to help, alimony may be awarded. Typically, alimony is intended to help the recipient achieve greater financial independence by pursuing further education, job training, or relevant experience. 

Your Parental Rights

Your parental rights are addressed by the following divorce terms:

• Child custody and parenting time
• Child support

Child custody encompasses both physical and legal custody. Physical custody determines how you and your children’s other parent will divide your parenting time. While the scheduling options are nearly limitless, the basic choices include the kids living primarily with one of you and having visitation with the other or you and your ex splitting your time down the middle (or close to it). 

Legal custody determines how you and your ex will make important parenting decisions moving forward, including decisions about the following:

• Your children’s schooling
• Your children’s healthcare needs
• Your children’s extracurricular activities
• Your children’s religious upbringing

You can make these decisions as a team, or one of you can be granted sole legal custody.

Child Support

The State of California requires every parent to support his or her children financially, and after a divorce, this support is balanced between both parents through child support. Child support is calculated in accordance with specific state guidelines, but two of the critical factors include the amount of parenting time each parent enjoys and each parent’s income. Even if you and your ex have virtually the same amount of time with your children, however, the higher earner between you is likely to have the child support obligation.  

An Experienced Divorce Lawyer in Monterey County Can Help

If you’re moving toward divorce, the seasoned divorce lawyers at Miranda, Magden & Miranda, LLP, in Monterey County have a wealth of experience successfully guiding cases like yours toward beneficial resolutions. To learn more, please don’t hesitate to contact us today.