Once you have made up your mind to file for divorce and have taken into account all the relevant factors, the next steps include learning exactly how divorce works and how you can ensure the best possible outcomes for everyone involved. It is no secret that divorce could be one of the most emotionally, psychologically, and financially draining experiences one could encounter. Fortunately, sound legal help from a qualified family law attorney could help make the entire process much easier for divorcing couples.
A divorce, in its most basic sense, is a legal process that two parties can use for terminating their financial and legal relationship. However, divorce is rarely easy, and each case comes with its own unique issues or disputes regarding property division, spousal support, and child custody. Here are crucial issues that a family lawyer can help you with during a divorce.
Property and Debt Division
Being a community property state, in California, any income and debt that each spouse acquires while married, including property purchased with those earnings, will be considered marital property. This means that each spouse owns their combined property and debt equally and that both of these will be distributed equally between each spouse.
Also known as alimony, spousal support is a payment that one spouse makes to the other spouse based on a court order or settlement agreement. Spousal support is intended to correct the unfair economic impacts of a divorce.
During a divorce that involves children, the court and parents should decide on the best arrangement for the children, which mainly includes where they should live and who gets to make crucial decisions for the children’s welfare. Child custody could be legal, meaning that the custodial parent has the right to make decisions about the children’s welfare, or physical, meaning which parent the child should primarily live with.
While courts usually prefer that the children have regular contact and a continuing relationship with both parents, the custody agreement or order’s exact nature will always be made based on the best interests of the children.
Each parent should be equally responsible for their children’s financial needs, but when married parents get a divorce, the court will make an order for child support. This is a payment that a noncustodial parent makes to the custodial parent every month to pay for the child’s expenses.
Get Legal Help from a Competent Santa Barbara Family Law Attorney Today
If you’re considering filing for divorce or need more information before you can make a decision, don’t hesitate to call one of our experienced Santa Barbara family lawyers. Our lawyer can help you understand the divorce process, answer any questions you have, and give you sound legal advice for any family law issues you may have.
Reach out to us here at The Law Offices of Bamieh & De Smeth, PLC, to schedule your free consultation with our skilled Santa Barbara family law attorney. You can reach us by phone at 805-643-5555 or online.