Divorce Lawyers Monterey
Love doesn’t always end up as “’til death do us part.” If this happens to you, whether you were in an opposite-sex or same-sex marriage, you’ll need to deal with a host of emotional, financial, and legal challenges when going through your divorce. Here at Miranda, Magden & Miranda, LLP, we understand how emotionally challenging the end of a marriage can be. If you have yet to consult with divorce lawyers in Monterey, below is some basic information about getting a divorce in California.
Filing for a Divorce in California
To get a divorce in the Golden State, one of the spouses will need to file with the court in the particular county where the spouse satisfies the residency requirements. It’s crucial to note that all California divorces are “no-fault,” which means that the spouse asking for the divorce doesn’t need to give the court a reason for filing or prove that she or he was wronged or hurt by the other spouse. When deciding on property division, alimony, or child support, judges won’t consider fault, as well.
Dividing Property in a California Divorce
In a community property state like California, any assets or property that either spouse acquires or earns while they were married will be considered the community or collective property of both spouses. This also applies to any debt accrued by either spouse during the marriage. On the other hand, if you have property or assets that you owned prior to marrying, or if you received an inheritance or gift while you were married, this will be considered separate property, which only you own. This likewise applies to purchases bought with separate property.
Spousal Support in California
Spousal support or alimony can be temporary or permanent. When deciding on spousal support, the judge will consider the following:
- Each spouse’s earning potential
- Living standard during the marriage
- Each spouse’s professional skills
- The sacrifices each spouse made while married
- Length of marriage
- Income and assets
- Financial support provided by one spouse to another for training, education, etc.
- Health and age
- Debts accrued during the marriage
- Any criminal convictions
- Domestic violence incidents
Child Custody and Support Under California Divorce Laws
While judges typically consider many factors when deciding which spouse should get custody of the children, one significant factor is determining which spouse is the primary caretaker. This is generally the parent that does most of the childcare tasks and is closest to the children emotionally.
Judges will likewise consider various factors when deciding on the amount of child support that should be provided by the other parent to the parent who has custody of the children. These include:
- The children’s ages
- The parents’ net income
- Time spent with children with each parent
- Health insurance costs
- Retirement plan contributions
- Which parent declares the children as dependents for tax reasons
- Property taxes and mortgage interest of both parents
- Mandatory union dues
Consult with a Divorce Lawyer in Monterey Today
If you’re thinking of getting a divorce, one of our Monterey divorce lawyers here at Miranda, Magden & Miranda, LLP, can help you handle the entire process with less hassle so that you can move on with your life. Call our office or complete our contact form to schedule an appointment.