A rising phenomenon in California and across the nation is a so-called "gray" divorce in which older people have decided to end their marriages. While there are fundamental personal factors that must be considered in the context of all divorces, it is important to understand a gray divorce and its impact.
Children are often caught in the middle of a California divorce. While parents are usually vigilant about adhering to their child's best interests, there can be complications and problems with custody and visitation rights. This is one of the most common sources of disputes in divorces. There are key aspects of parenting plans that must be understood as the case moves forward. When getting a divorce, having legal advice is critical from the start.
California premarital agreements -- also referred to as prenuptial agreements or prenups -- are common. These are often used in marriages where there are significant assets at stake, but people can have them for a variety of reasons that transcend simple finances. Of all divorce legal issues that people encounter and result in dispute, the way in which property and assets are split at the end of a marriage is one of the most contentious.
When a California couple gets a divorce, one of the concerns that will be important is the possibility of spousal support. Alternatively referred to as alimony, this is a frequently contentious issue with a spouse being ordered to pay for the other spouse's upkeep until that spouse can self-support. It could last for an extended period. Many factors go into determining how much the spousal support will be and its duration. One issue that many might not be aware of is the possibility that the court will order the prospective supported spouse to take part in an examination with a vocational training counselor. Understanding what the law says about this possibility is important to a case.
There are many factors that will be important when a judge makes various decisions in a California divorce case. The divorce legal issues are vast and can impact multiple areas of the couple's life. Particularly contentious is spousal support. Perhaps the spouse who is set to be ordered to pay does not feel the amount the supported spouse is asking for is fair. The supported spouse might view things in the exact opposite frame. One factor that will be part of the process is the length of the marriage and how that fits in with how much will be paid.
Property division is a frequent topic for dispute in a California divorce. While the law is relatively clear on basic matters regarding this issue in the state, there are always areas of nuance that might be somewhat confusing. One that might arise and should be understood is if one spouse contributed to the education of the other spouse and if, at the end of a marriage, there can be reimbursement for this as part of the settlement. Knowing what the law says about this issue is critical for both parties.
California parents who have ended their relationship and are in a dispute over child support will need to deal with the appropriate child support agency. When the case is resolved, that does not necessarily mean it is over. The supporting parent and the receiving parent might be displeased with the way the case was handled individually or both parties might be unhappy with it. It is important to understand what steps can be taken when filing a complaint and if there can be a state hearing.
It is not unusual for there to be a dispute over a variety of issues when there is a divorce in California. The impact of a divorce can be extensive and require people to take certain steps to handle situations such as child support. The state will want to make certain that there is a reasonable amount of certainty that the child support will be paid in full and on time. One way they will do this is to order a supporting parent - the obligor - to deposit money as a security deposit or into an account specifically for child support. Understanding the law as to when this will be done and the amounts required is an important part of a case and both parties should understand it.
Although same-sex marriage is now legal across the country and California was at the forefront of granting these couples the same rights to marry as anyone else, a divorce in these cases can still spark confusion as to how they can be handled. Having legal advice when a same-sex couple decides to part ways is critical whether there is a legal separation, a divorce, there are children involved, property division is an issue and much more.
When spousal support - also referred to as alimony - is determined in California, one of the biggest questions that both the prospective supporting former spouse and the supported former spouse will have surrounds the length of time for which it must be paid. Many who are receiving spousal support will want it to continue permanently or at least for the long-term. The paying spouse will want a gauge as to when it will conclude. Understanding how a judge will decide on the payments and how long they will last is integral to a case.