California is a no-fault divorce state, meaning spouses do not need to present grounds for their divorce, but the divorce process still takes time (at least six months) and important considerations will have to be determined relating to the division of marital property, the length and amount of spousal and child support, and custody.
Reaching a Judgment Through Settlement or Trial
In California, spouses may agree to a settlement of all issues relating to their divorce which is then submitted to the family court judge for approval. The judge will only approve a settlement and incorporate if it is fair in light of California law. Our divorce attorneys can help spouses reach a fair and beneficial settlement agreement through negotiation and creation of the settlement agreement.
Should the spouses be unable to reach an agreement on their own, the divorce matter will proceed to a trial during which evidence will be heard from both sides and a family court judge will make a final determination regarding property, support, and custody matters. Our attorneys are experienced courtroom litigators and will fight for your interests at trial if need be to obtain a favorable divorce.
Division of Property
California is a community property state, meaning all property acquired or derived from labor or efforts during the marriage should be divided equally among the divorcing spouses, regardless of who earned the income or acquired the property. As part of the divorce process, both spouses will need to make full and accurate disclosures of their property, income, and expenses. Whether you reach a settlement or go to trial, our attorneys will make sure that you are treated fairly during this process, and that all relevant income and property is properly disclosed.
Spousal support is available in many divorces either as part of a settlement or judgment at trial, especially where one spouse earns significantly more income than the other. Temporary spousal support may be obtained at the outset of divorce proceedings (and is usually based on a financial formula), and final support may be ordered as part of a final judgment. The amount and duration of spousal support is based on a number of factors presented to the court, and our attorneys will negotiate and/or litigate a favorable support award for your situation.
Child Custody, Support and Visitation
When children are involved, courts will make or approve determinations of which parent or parents should have legal custody (the ability to make decisions regarding the child’s welfare) and physical custody (which parent the child will reside with) of a child. The court can award sole or joint custody and will base its decisions on a number of factors affecting the best interests of the child. A court can also award visitation to a non-custodial parent, but may refrain from doing so when the non-custodial parent presents a threat to the child. Monthly child support will also be awarded based on the child’s needs and the ability of both parents to support the child. We will work with you to reach the best custody, support, and visitation outcomes for you and your child.
Legal Guidance in all Your Divorce Matters
To schedule a consultation regarding your situation and any questions you have about divorce in California, contact one of the divorce attorneys at The Law Offices of Omar Gastelum and Associates, APLC today.