DIVORCE

Getting a Divorce can be a strain on you mentally, emotionally, and financially. Your Divorce case becomes even more difficult when there are minor children involved. Not only does the court have to split up your assets and money but the court often also has to split up your children when making child custody and visitation orders. From dividing the house, bank accounts, retirement accounts, etc. the court also has to award child support if there are children and determine who deserves primary custody of the children.

A dissolution of marriage, or Divorce, terminates a marriage between two people. Under California’s Family Code, the term used to indicate the termination of a marriage is “dissolution of marriage,” rather than divorce. California is a no fault state which means that it doesn’t matter who wishes to file for divorce and why — neither will be punished for ending the marriage.

The purpose of a proceeding for Divorce is for the courts to establish a couple’s matrimonial status, and if it is found that a matrimonial relation exists, then its purpose is to dissolve that relation, divide the property, and award support and costs, if necessary.

Community Property

In California, it is presumed that all property and income acquired during a marriage is community property, and thus, each spouse is entitled to one half of the community property upon a divorce. There are exceptions to this presumption, including the existence of one party’s separate property, or property that was owned or earned before the marriage, and the existence of premartial or postnuptial agreements that specify the classification of the property that is acquired during the marriage.

Therefore, even retirement accounts and pensions that someone earned during the marriage can be divided between the parties at Divorce. Those pensions and retirement accounts can be worth a lot of money and so it’s important when going through a divorce that these assets are taken care of and each party in a Divorce is well aware of what they will be given at Divorce.

Other Community Property could include things such as cars, houses, washer, dryer, refrigerator, and anything else you can think of that may have been acquired during marriage.

Child Custody in Divorce Cases

When there are minor children of the divorcing parents, the court also needs to figure out a child custody and visitation schedule for those minor children. Often times parents say that they want full custody of their kids. However, custody is broken up into three different parts. There is legal custody which is most often shared between the parents. This refers to decisions regarding the general welfare of the child like where the child is going to go to school, what religion the child will practice, which doctor the parents will use. Most courts grant joint legal custody unless there have been issues of domestic violence or other form of abuse against the child or the other parent.

Besides legal custody, there is physical custody which refers to where the child will be living. Primary physical custody refers to which parent will have the child for the majority of the time. The parent who doesn’t live with the children will then have visitation with the child or children which is determined either by an agreement between the couple or by a court order.

Child Support in Divorce Cases

Child support is determined by using a program used by the courts called the Dissomaster program. To figure out how much someone will pay in child support, the court needs to know how much each parent makes gross per month (before taxes). After inputting those numbers for the parents, the court then needs to input the timeshare percentage between the parents (how much time per week each parent is getting – 50%, 25%, etc.). After adding some deductions, this program will spit out a number that the court will use to determine child support.

Why You Need An Experienced Los Angeles Divorce Lawyer

It’s important when hiring a divorce lawyer that you consult with a knowledgeable Los Angeles Divorce lawyer who can protect your rights and go after what you deserve. Michael S. Carrillo understands the delicate nature of a divorce which could include issues of child support, child custody, spousal support, visitation, etc. He will fight hard to make sure you get just what you want. Contact us today for a free consultation and to speak to Michael S. Carrillo immediately about your case. Call us at (626) 799-9379.