Dedicated Divorce Counsel from Experienced Rancho Cucamonga Family Attorneys
A divorce legally terminates a valid marriage, freeing both parties to either remain single or marry another individual. Although “no-fault” divorce laws in California and elsewhere seem to suggest that it is easy to get a divorce, the truth is quite different. In fact, unless two divorcing spouses agree on how a wide range of issues should be decided and involved, it can take months or even longer before a court is ready to pronounce a couple divorced. What is more, it is easy for litigants representing themselves to unwittingly waive or give up important rights they have during a divorce. Experienced divorce counsel is a must when you are seeking to terminate your marriage.
Count on the team at Schwartzberg | Luther, APC to help guide you through the divorce process. We can help you navigate the legal process quickly while helping you protect your rights and interests so that you do not emerge from the divorce proceeding in a perilous financial position. Contact Schwartzberg | Luther, APC today.
Decisions a Court Must Make During a Divorce
Ending a marriage is not a simple matter: when two individuals have intertwined their lives for months, years, or even decades, it can become quite complicated when a court must disentangle the couple’s property and affairs. In any California divorce, there are generally several considerations and issues the court must resolve before pronouncing the couple divorced:
- Determining whether grounds for divorce exist: There must be a reason why the marriage cannot continue. In California, the divorcing spouse(s) must either agree or provide proof that irreconcilable differences exist between them such that the marriage cannot continue. If this showing is not met and the parties do not agree that irreconcilable differences exist, a divorce will not be granted.
- Valuing the community property and dividing it: California is a community property state, which means that most any property acquired during the course of the marriage will need to be assigned a present-day value when a divorce is filed and then the value divided between the parties. Although courts generally try to make an equal or near-equal division of the community property, this type of division is not always appropriate for every divorce. What is more, properly valuing the community property can become complicated when the community property includes businesses or other assets whose value can fluctuate from one day to the next – or from one appraiser to the next.
- Establishing a parenting plan and child support: If a divorcing couple has one or more children in common, the court will need to designate one parent as the custodial parent and decide what visitation rights the other parent should have. The court will make these decisions and memorialize them in a written parenting plan. The noncustodial parent will also be ordered to pay child support to help provide for the child’s needs. The amount of child support will be calculated according to a specific formula adopted by the State of California.
- Determining if alimony is appropriate: Alimony (or spousal support) is sometimes needed where one spouse will have a difficult time supporting him- or herself after the divorce. Courts will consider the nature of the relationship and the earning potential of the spouses (amongst other factors) in deciding whether an award of alimony is appropriate.
These are just some of the complex issues that a court will need to decide in handling a divorce case. The Rancho Cucamonga divorce lawyers of Schwartzberg | Luther, APC will zealously represent your interests and assist you and the court in resolving the many issues that may exist in your divorce case quickly and favorably. The legal team of Schwartzberg | Luther, APC brings knowledge and experience in complex divorce and family law cases. Contact Schwartzberg | Luther, APC today by calling (909) 457-4270