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The rate of divorce has increased over the years, and much of it has to do with social acceptance of it. Social acceptance, however, does not make the dissolution of a marriage in California any easier. When a marriage ends, you have decisions you need to make that will affect your future and the future of any children you may share with your ex-spouse. Getting the right information can help you make informed decisions.
At Szeto-Wong Law, our divorce lawyers in the Bay Area and San Diego know you have questions. We help you understand your rights and responsibilities during this particularly difficult time. You do not have to endure a divorce alone. Get answers to your questions today and contact our family law firm online or at (650) 425-6264 to schedule a consultation.
The divorce process is dependent in part on whether it's contested or not. Uncontested divorces can move along rather quickly when the divorcing couple agrees on property division, spousal support, child custody, and child support. When one spouse challenges any of these matters, the divorce becomes contested.
The process will proceed to trial unless the soon-to-be ex-spouses can come to an agreement. Sometimes mediation or another alternative dispute resolution process may be used to help them come to that agreement.
In most states, you do not have to show fault in order to get a divorce. Most divorces today, in fact, are no-fault divorces. There are, however, some divorces where one spouse must or prefers, for strategic reasons, to show fault.
When a marriage is deemed irretrievably broken or the spouses claim there are irreconcilable differences, a no-fault divorce may be sought. An irretrievably broken marriage simply means the couple is unable or refuses to cohabit, and no prospects for reconciliation exist.
Some locations that allow divorce on the grounds of irreconcilable differences may require separation for a certain time period.
Fault-based divorces are seldom required today, but some people may still wish to pursue a fault-based divorce for a number of reasons, like using it as a factor to obtain a better outcome for:
The grounds for a fault-based divorce typically include things like:
Fault-based divorces are far more contentious. They can, however, lead to better outcomes in property distribution, alimony, child support, and custody arrangements for the spouse who filed for the dissolution of the marriage.
Property division is a key part of any divorce and involves marital property. Marital property is property acquired or obtained during the marriage as opposed to separate property that the spouse had prior to the marriage.
Types of marital property include:
There are two ways this property is split, and it depends on your jurisdiction:
Spousal support, also commonly referred to as alimony, is not awarded as often as it was in the past. Its purpose is to make sure the divorce does not result in an unfair economic situation for the dependent spouse. The couple can agree to alimony or the court can order it. Decisions about alimony are made based on many factors, but the more common factors include:
Child custody is one of the most contentious areas of a divorce. It's highly emotional and can cause serious bitterness. Courts prefer both parents partaking in a child's life and, as such, accommodate joint custody, which includes physical and legal custody. In some situations, one parent may have sole custody while the other may have visitation rights. Courts determine child custody based on what is in the child's best interest.
Both parents are required to provide financial support for their children. When a parent has primary custody and the financial circumstances require it, the court may order child support. Most courts will use a child support calculator to help determine the amount.
There's a lot to consider when you are going through a divorce. The decisions made during this time will impact you and your family's life for quite a while. It's important to get guidance from a family law attorney who will advocate for you and your family. Contact our trusted divorce attorneys in San Mateo, Santa Clara, and the surrounding Bay Area online or call us directly at (650) 425-6264 to schedule a consultation.
In California, most divorces are sought on the grounds of irreconcilable differences, where the marriage is irretrievably broken and no prospects for reconciliation exist. However, fault-based grounds such as adultery, abandonment, cruelty, felony conviction, and substance abuse can also be cited in some cases, potentially impacting outcomes related to property division, spousal support, and child custody.
In California, an uncontested divorce occurs when both spouses agree on key issues such as property division, spousal support, child custody, and child support, allowing the process to move quickly. A contested divorce arises when one spouse disputes these matters, potentially leading to a trial unless an agreement is reached through mediation or another dispute resolution process.
In California, property acquired during the marriage, known as marital property, is divided during a divorce. This includes assets like real estate, bank accounts, vehicles, and retirement accounts. California follows community property laws, meaning assets are generally split 50-50. Separate property, owned before the marriage, typically remains with the original owner.
Spousal support, or alimony, is less common today but can be awarded to ensure economic fairness. Factors influencing spousal support decisions include the age and health of both spouses, their education and earning potential, the standard of living during the marriage, the length of the marriage, and the difference in earning capacities between the spouses.
Szeto-Wong Law specializes in handling divorce cases in California by thoroughly reviewing your situation, addressing your concerns, and guiding you through the process. They help you understand your rights and responsibilities, aiming for the best possible outcome for you and your family. If you need an experienced divorce lawyer in San Jose, Santa Clara, Silicon Valley, or San Diego, contact our law firm online or at (650) 425-6264 to schedule a consultation.
You do not have to endure a divorce alone. Get answers to your questions today and contact our family law firm. We will discuss your case, explain your options, and help you determine your next best steps.
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