Key Considerations in Divorce
Several critical factors can significantly influence the outcome of a divorce. It’s essential to address these early in the process:
Child custody is often the most contentious issue in a divorce. California courts prioritize the best interests of the child, considering factors such as the child's age, health, and emotional ties with each parent.
Understanding the types of custody—legal (decision-making authority) and physical (where the child lives)—is vital. Our skilled Palmdale divorce lawyer can guide parents through this sensitive process, ensuring that their rights and their children's needs are prioritized.
Child Support
Child support is typically calculated based on both parents’ incomes and the time each parent spends with the child. We can help determine the appropriate amount and navigate any potential disputes over support payments.
For property division, California is a community property state, meaning that assets and debts acquired during the marriage are generally considered joint property and are divided equally upon divorce.
However, distinguishing between community and separate property can be complex. Factors such as gifts, inheritances, and pre-marital assets can affect how property is divided.
Spousal Support
Spousal support, or alimony, may be awarded to one spouse to help them maintain a similar standard of living post-divorce. The court considers several factors when determining support, including the length of the marriage, each spouse's financial status, and the recipient's ability to become self-sufficient.
A divorce attorney in Palmdale can provide invaluable insights into what to expect regarding these family law matters.
The Divorce Process in California
The divorce process involves several stages, each of which requires careful attention to detail and a solid understanding of California family law. Key stages include:
- Filing the Petition: The process begins when one spouse files a petition for divorce. This document outlines the reasons for the divorce and the desired outcomes regarding children, property, and support.
- Serving the Papers: The petition must be served to the other spouse, who then has 30 days to respond.
- Response and Negotiation: The responding spouse can agree, contest, or propose counterclaims. Negotiations may begin at this stage, particularly concerning child custody, visitation, and support.
- Discovery: Both parties gather financial information, including income, expenses, and assets. This phase can be complex, especially in cases involving significant assets or debts.
How Our Los Angeles County Divorce Attorney Can Help You
With more than two decades of experience, we are confident in our ability to help you through your case. Attorney Bigler has handled thousands of divorce cases, including contested hearings and trials.
Our Palmdale divorce lawyer also remains up to date on all of the changes in legislation related to family law in California.
Contact us online or call at (661) 368-1181 today for guidance through your divorce case.
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Commonly Asked Questions
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What is a first right of refusal?
A first right of refusal in a family law context is the opportunity to care for your children when your ex is unavailable to care for them. Family code section 3040(a)(1) sets out the 'priorities' when a Court makes a custody order. The family code states that if both parents are adequate parents the court must order custody to both of them. The Court is forbidden from awarding custody to a third party in this circumstance.
It is this 'parents get priority' policy that drives a first right of refusal order. The idea that if you are unable to care for your child due to work or other responsibilities, then you must offer the child to the other parent first before handing the child over to a third party for child care.
The court typically sets a time limit (I recommend 6 hours or more) that you can be away from your children before having to offer the other party the opportunity to care for them. This is not a mandatory provision. The Court has the discretion to make this order only in appropriate circumstances.
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Who can receive visitation rights?Visitation is ordered when it is the best interest of the child in California. Supervised visitation is imposed when one parent is abusive or neglectful to the children. Visitation can often be supervised by an agreed upon family member or a professional monitor if the parties cannot agree.
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Who can receive spousal support?
Spousal support, formerly known as alimony, is a set amount of money that is paid by one spouse to another in the case of divorce or a legal separation. Whether you are the husband or the wife, you can apply for spousal support, depending on certain factors. The purpose of alimony is to even out the financial futures of each party. We can fight for your right to spousal support or against the other party's request for spousal support.
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What if I was married in another state but I want to file for divorce in California?If you and your spouse were married in another state, you can file for divorce in California. The only requirement is that either you or your spouse must have lived in the state for six months and in the United States for three months.