We Are Divorce Attorneys Representing Orange County Residents
If you need guidance during a divorce or in any other family law matter, you should consult an experienced divorce attorney who can provide you with comprehensive and diligent representation. At the Law Office of David P. Schwarz, our Orange County family law lawyers are dedicated to helping people in these situations protect their interests. We understand that each family is unique, and we will aim to find solutions that are tailored to your specific needs. We are knowledgeable in matters related to divorce, property division, child custody and support, spousal support, adoption, post-judgment modifications, temporary court orders, prenuptial agreements, and fathers’ rights, among others.
Guidance In Dissolving A Marriage And Other Family Law Issues
Divorce is often challenging, and it may be especially complicated when children are involved. California is a no-fault state, which means that a spouse seeking a divorce does not need to establish that the other spouse was engaged in any misconduct or was at fault. Instead, a spouse may obtain a divorce by claiming that the marriage has broken down beyond the point of repair, due to “irreconcilable differences.” The spouse who files the divorce petition with the court is known as the “petitioner,” while the other spouse is known as the “respondent.”
California is a community property state, which means that any assets or income acquired throughout the marriage belong equally to both spouses and are subject to division at the time of the divorce. Separate property, on the other hand, refers to any property that a spouse owned before the marriage or obtained during the marriage by gift or inheritance. Separate property also includes any property acquired by one spouse after the spouses separate. Under California law, community property must be divided equally in that each spouse should get half of the net value of the assets. This does not mean that every asset needs to be divided separately. In some cases, for example, one spouse might receive the family home, while the other spouse receives the family business, if they are equal in value at the time of the divorce.
Another complicated issue that often arises in a divorce is spousal support. Courts have broad discretion to consider many different factors when determining whether and how much support to award to a spouse after a divorce. Some of these factors consider the earning capacity and skills of the recipient spouse, the contributions of that spouse to the career of the other spouse, the ability of the paying spouse to pay spousal support, the length of the marriage, and the standard of living that the spouses maintained during the marriage. If the circumstances of either spouse change, they may return to court to seek a modification of spousal support.
In California, there is a presumption that ongoing and regular contact with both parents is in the best interest of the child, unless otherwise shown. Due to this presumption, joint custody arrangements are strongly favored. Parents are free to come up with any custody arrangement that they see fit. They may finalize their wishes in a parenting plan and have it approved by a court. In the event that the parents cannot agree on the terms of a parenting plan informally on their own, the parents must attend mediation with a third-party mediator to develop a mutually agreeable parenting plan. If mediation is unsuccessful, the case goes before a Judge to decide custody. When it comes to any child custody determination, the judge will act according to what they consider to be in the best interest of the child. This is a broad standard and allows any relevant factor to be considered.
Contact Our Law Firm For A Family Law Problem
If your family is going through major changes, you may need a trusted legal advocate to guide you through the process. Our Orange County family law attorneys have over 20 years of experience helping Southern California residents build a strong future after a marriage dissolves, and we are ready to assist you as well. For a consultation, call 949-296-4119 or contact us online. If you are searching for a child custody attorney or guidance with any other issue related to a divorce, the Law Office of David P. Schwarz has the experience and resources that you need.