Today, we thought it would be helpful if we offered a brief “crash course” of what divorce proceedings consist of in California. There are multiple steps to the typically lengthy divorce proceeding, all designed to address the following: child custody/visitation arrangements, child support arrangements, property division, and spousal support.
Learn more about each component below, and remember that we are more than happy to answer any additional questions you might have at R & S Law Group, LLP. Call us directly to speak with one of our experienced divorce attorneys today.
This is where the courts figure out “who gets what.” While individual assets can complicate this process, the premise is simple: anything that was acquired after the marriage is considered community property and must be split equally between both parties. Things can also get thorny when couples disagree about the specifics of what falls under community property. People have been known to get creative about hiding assets in order to keep as much as possible from being split.
It’s critical for the courts to determine who the children will live with, and when/where the other parent will get to spend time with them. When both parents can’t agree to an arrangement, the courts have to step in to determine how to best protect the child’s best interests. This includes guaranteeing that the child can interact with both parents, provided there isn’t any extraneous circumstances.
Court decisions about child custody/visitation are binding, and any modification can only be requested via formal court requests.
Along similar lines, child support is based on a variety of factors when it applies. The courts look at things such as each parents’ income, the amount of children in each household, and how often children are under the supervision of each parent to determine a child support arrangement. Likewise, decisions here can only be altered if a modification of support is submitted and eventually granted.
Ex-spouses may also be entitled to spousal support depending on the circumstances at hand. The courts look at things such as the income levels of both parties, the established standard of living during the marriage, the individual financial needs of each person, whether there are children involved, and more when determining if spousal support is to be granted during a divorce.
Want to Learn More About Divorce Proceedings in CA?
As mentioned, this is a very brief and simplified overview of the divorce process in CA. For tailored legal advice, you need to consult with a qualified divorce attorney in CA about your specific legal needs.
Remember, R & S Law Group is here to help! Call us at (949) 825-5245 to schedule a free initial consultation.