Divorce is many things, including an emotional journey and a complex legal matter that requires your careful attention and input. Divorce, in other words, can tilt your world on its axis, but with the careful legal guidance of experienced Hollister divorce attorneys, you will make it through to the other side – with your rights intact and your focus squarely on the future.
While divorce has a way of feeling like a big thing hanging over your head, it breaks down into four basic terms that must be resolved (as applicable), including:
Each of these that you and your spouse are able to negotiate together – with the skilled input of your respective divorce attorneys – is a term that you will not need the court’s input regarding. Any that you are ultimately unable to resolve will be determined by the court on your behalf.Â
Over the years of your marriage, you and your spouse came to own properties and assets, and they are all considered marital property. Upon divorce – because California is a community property state – these assets or their value must be divided between you equally upon divorce.Â
California addresses both legal custody and physical custody – or parenting time. Legal custody tackles the issue of how you and your children’s other parent will be making primary parenting determinations moving forward, such as those related to the following:
Legal custody can be sole, but these decisions can also be made by consensus between the two of you. Further, one of you may have the ability to break a time if your authentic efforts to reach a compromise fail, or you can divide the decisions between you according to the type of decision.Â
Parenting time determines the schedule that lets you know when your children will be with you and when they will be with their other parent. The basic scheduling options include one of you taking on the role of the primary custodial parent – while the other has a parenting time schedule – or dividing your parenting time more evenly.Â
California employs a careful calculation process for determining child support payments. Generally, however, the parent with the higher income has the payment obligation.Â
Only if you or your ex will be left financially disadvantaged and unable to support yourself at the same level achieved during marriage will spousal support be awarded. Typically, this support is intended to provide the recipient with the resources and time necessary to gain more financial independence.
The practiced Hollister divorce attorneys at Miranda, Magden & Miranda, LLP, have reserves of experience helping clients like you effectively and efficiently resolve the terms of their divorce – allowing them to move forward into their best futures. We are here to help, so please do not delay contacting us for more information today.Â
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