When a California couple decides that they are at the end of their marriage and they have essentially settled all their issues, they may pursue an uncontested divorce. This is a useful way to simply part ways and avoid the rancor, aggravation and excessive cost that accompanies many divorces. However, a common question that people will ask themselves is if they even need to have legal advice when there is an uncontested and relatively amicable parting of the ways. The answer is that can help to have legal assistance to avoid unexpected divorce legal issues.
Couples in California who decide to get married will often want to protect themselves against the possibility of divorce. Frequently, premarital agreements (also referred to as prenuptial agreements) are perceived as something to have when one spouse has a significant portfolio of assets while the other is of more modest means. However, that is not necessarily the case. Many people, regardless of the financial situation, want to be protected in case the marriage does not work out. Since divorce legal issues will center around property division and other financial circumstances, knowing what a premarital agreement can do is imperative, even after the marriage has been completed and the couple is considering a divorce.
For many at the end of a marriage in California, there will be an order that one former spouse pay spousal support to the other. For some, this is not a major issue. For others, however, it is an economic hardship. Regardless of the circumstances, there are times when the spousal support order can and will come to an end. Knowing how to ask the court to end the spousal support order is an important step that will allow both parties to move forward and no longer need to have the same amount of contact with one another if they do not choose to.
Californians generally believe that a divorce will either be categorized as one extreme or the other meaning that it will either be amicable with the parties negotiating and agreeing to part ways without rancor, or it will be rife with dispute and the parties are fighting over everything. However, in many cases, the parties can come to an agreement on certain issues, but not on others. In such a circumstance, a separate trial could be a preferable strategy. Knowing how a separate trial works and whether it is beneficial to the situation is key.
Many couples in California who have determined that their marriage is not working would like to get a divorce. However, there are concerns about the cost and time it will take to make it happen. For those whose issues are simple and prefer to avoid going before a judge, a summary dissolution might be the way to go. However, people must understand that there are certain conditions that must be in place to get a summary dissolution. Knowing these is the first step.
California divorces can be complicated regardless of a person's job, social standing or income. When the couple is well-known, then the situation grows more complex. People who are public figures whether it is in the entertainment industry, in sports or in some other prominent area can have trouble going through the divorce process. Many of these cases are a high-asset divorce with property division a constant source of dispute.
For California couples who are at the end of a marriage, it is important to understand all aspects of the case so they do not make a mistake they will regret or one that will hinder the process. The basics are occasionally the most complicated and one that should be addressed before even starting with a divorce is whether the residency requirements are met to file in the state. To divorce or for domestic partners to divorce in California, there are certain foundational necessities.
One of the most common causes for dispute within a marriage is financial problems or disagreements. When the dispute reaches the level at which the couple can no longer remain married and they choose to divorce, a high asset divorce can be complex and problematic. One spouse will likely want significant alimony. The paying spouse might want to limit how much must be paid. With a high asset divorce, each side must make certain they are protected by an experienced law firm that is well-acquainted with these complicated proceedings.
When a California couple decides to end their marriage, property division is a frequent topic of dispute. It can sometimes be an issue that can fester and extend the case as the parties determine who has the right to what property. In general, the property will be either community or separate property. Community meaning it belongs to both parties; separate meaning it belongs to the individuals. Some property, however, is mixed community and separate. This is also known as commingling.
When a California couple has a child, but are no longer in a relationship with one another, one parent will likely be required to pay child support to the custodial parent. For many, this is not an issue. Sometimes, however, the paying parent does not pay what is owed in full or sometimes does not pay any of what is owed at all. Custodial parents who are unsure of their alternatives in such a circumstance should know that there is certain recourse to get the payments.