Divorce
What is a Divorce?
By now nearly everyone is familiar with the term divorce. It is the dissolution of a marriage or domestic partnership. However, there are some key pieces some people may not be aware of.
What are the
Divorce Rates in California and the US?
Go to our Divorce Rates page
for information about rates of divorce. And please be aware a lot of
online information regarding divorce rates may be inaccurate.
You should be careful about
making any
important decisions based on such information.
Duration of a Divorce (how long does the divorce process
take)
At a minimum, a divorce in
California takes 6 months. This is the minimum cooling off period required
by the appropriate California law. Even if a couple has everything ready
to move forward in January, the divorce at the earliest will not be official
until July of that year.
If there are items in dispute (child custody, alimony) the divorce can take much longer than the 6 month period. It is not uncommon to see divorces to go on for 2 years or more.
Note: The divorce cooling off period starts once one
spouse or domestic partner officially lets the other know they are filing for
divorce.
Court Decisions
The terms of the divorce are
determined by the court. Factors that can have an impact are the
prenupital agreement, and a postnuptial agreement if these are found to be
valid.
Typically some items the court will decide
on include the following:
>Spousal support payments (alimony)
>Child
support payments
>Child custody
>Child visitation
rights
>Legal fees (in some cases one side may be asked to pay the other
side's lawyer fees)
>Decisions around property
>Decisions around
debt
Reasons for Divorce
California is
considered a "no fault" divorce state. This refers to the fact that in a
divorce proceeding no one is guilty or not-guilty.
The court does not need to know the reasons why the divorce is happening. This may be why most people use the term "irreconcilable differences" as the reason for the divorce.
Numerous celebrities have used this term to explain their divorce. And example was Britney Spears divorcing Kevin Federline in Los Angeles county. They cited irreconcilable differences to the Los Angeles County Superior Court as their reason. This was probably due to the fact that they did not want anyone knowing the true reasons behind their divorce.
Where divorce gets so difficult is it involves change. Most people simply do not like change. In a divorce people are dealing with some of the biggest changes their lives have ever seen. So it is common to see people let their emotions take over.
California Divorce
To get
divorced in California you must have lived in the state for 6 months minimum,
and have lived in the county in which you are getting divorced for at least 3
months. If the spouses live in different counties they may file for
divorce in either of the counties (as long as the minimum time period has
elapsed).
Spousal Support and/or Child Support
Payments
California uses a calculation to determine the amount of payments,
and duration of payments to be made. While some law-firms post on-line
payment calculators (spousal support calculator) you should speak with an
attorney to ensure all of the factors are being used to make this
determination.
Community Property
One of the key
items involved in a divorce is the assets. Anything that was brought into
the relationship during the marriage is considered community property -
regardless of who's name it's in.
This goes for debt as well. Debts incurred during the marriage are seen as community debts (regardless of who's name they are in). This does include credit-card debt as well as other types of debt. One key exception to the community debt rule is student loans.
Separate Property
Anything that
either spouse had before the marriage is considered separate property.
This should not be included in the divorce process - though each side will need
to provide the other side with a listing of these assets.
Gathering Information
During a divorce proceeding you should find out from your
attorney what information must be shared with the other side. You should
never try to hide anything that you legally must disclose.
In order to get
information there are a few key methods:
>Deposition - A formal meeting in
an office where a person is interviewed under oath. The discussion is
transcribed by a court reporter. There is a chance during a deposition
a.k.a. "depo" for cross-examination.
>Interrogatories - One
side sends written questions that must be answered in a timely manner.
>Inspection
Demand - request for documentation, photographs, or other tangible proof of
something. This may include inspecting and testing land or property.
It may also include electronically stored
information.
Choosing the Right
Attorney
In a
Divorce proceeding you will want to hire a "Family Law" attorney. Deciding
which Family Law Attorney to handle your divorce is no
easy task. You need to make sure they hear what you are saying, understand your
situation, and can bring their expertise to your case. Know however
they are not your psychiatrist, or your counselor. Their role is to
help you understand your case, and help you think through the important decisions
you need to make.
If you need to hire a family law attorney you may want to make sure they possess some key skills that will help you most. These include:
-
-Negotiations skills - while a lot of the decisions are based in facts, before you even reach a courtroom there is a lot of negotiations.
-Courtroom experience - they need to know the nuances of the courtroom including how to present sound arguments to a judge. They should also be able to understand what information the other side is likely to present. No attorney is perfect, though them having courtroom experience can greatly help.
-Knowledge around personal and business finances (a lot of the decisions come down to money)
-Someone who can explain legal terms in words you can understand.
-A lawyer who will tell you the truth, even if it's not what you want to hear.
-A lawyer who will tell you the possible outcomes involved in a situation. You deserve to know that things could turn out good, or badly depending on a number of factors.
-----------------------------------------------------
DISCLAIMER: Any information on this site is only for information purposes and must be used at your own discretion. We are not attorneys, and none of the information on this site is to be considered legal advice.
Copyright 2013 All Rights Reserved| Sitemap