Divorce may be your best option if your marriage is not functioning. However, even if ending, it can be a difficult time in many ways. Moreover, the situation’s outcome could significantly affect the remainder of your life. Each of these issues is crucially important and has the potential to influence your life for years to come, regardless of whether or in what capacity you maintain custody of your children, what shared property you keep, or whether you pay or receive spousal support.You need a tenacious, sympathetic, and successful California family lawyer on your side if you want to defend your rights as a woman during a divorce. The Law Office of Stephen Gassner divorce lawyers has spent decades assisting women in protecting their families, homes, assets, and cash during California divorces. Our trial-ready team is prepared to support you as you go through the divorce process.
The Common Areas of Divorce
In recent years, the legal environment around custody disputes has changed. It is no longer the case that a judge will automatically grant custody to the mother. Instead, California courts presume that parents share parenting responsibilities and that both parents should maintain contact with their children unless proven otherwise. It means that if you desire a particular custody arrangement, you must either agree with your husband or persuade the court of your case. You can fight for the custody arrangement that is most advantageous for your child and your family with the assistance of an aggressive women’s rights attorney from the Law Office of Stephen Gassner.You are entitled to child support payments from the other parent if granted primary custody or have custody of the child. Child support is owed by the non-custodial parent and belongs to the child, not the parent. Discuss your child’s rights and what to do if your husband or co-parent contests your rights or refuses to uphold their commitments with a qualified child custody and child support lawyer and a reputable law firm.
State community property laws apply in California. That implies that, with very few exceptions, both spouses are equally entitled to all property gained by either spouse throughout the marriage. Real estate, money, stocks, retirement benefits, and company ownership interests are all considered forms of property that must be divided during a divorce. The parties or the court may decide that one party receives some assets and the other party receives other assets, such that each spouse ends up with about half the value of the marital estate. However, the parties may need to divide each purchase more precisely in half.Our property division attorneys at the Law Office of Stephen Gassner can assist you if you want to protect different assets (i.e., assets accumulated before marriage). We will advocate on your behalf and fight to protect your right to any specific marital assets you desire to retain. In addition, we’ll look into your spouse’s finances to ensure they aren’t holding onto anything that should be considered marital property throughout the divorce or even considered when calculating spousal support. Finally, at the Law Office of Stephen Gassner, we offer comprehensive women’s divorce services to ensure you receive the best representation possible in court and at the negotiating table.
Spousal SupportYour money may undergo a lot of disruption if you get divorced. Therefore, it’s crucial to make plans for the future, which may include paying or receiving spousal support awards (also called alimony). In California, the court may grant spousal support temporarily while the divorce is in progress and permanently or long-term once the divorce is finalized. The amount of long-term alimony awarded will depend on various variables, including each spouse’s earning potential and financial situation, the length of the marriage, whether one spouse sacrificed their career to care for the family and children, and more. The Law Office of Stephen Gassner is here for you if you’re looking to get alimony or to reduce how much you might owe in alimony.
Frequently Asked Questions
How are Child Support and Custody Decided in California?If the spouses cannot agree on a custody plan for their kids, the court will hear the issue, and the judge will decide. The judge will consider various variables when determining the custody case, always trying to find the best outcome for the kids. The equation used by the court to determine child support is in Section 4055 of the California Family Code. This equation considers both parties’ incomes, how much time each parent spends with the kids, and how many kids each couple has.
How Long does it Take for a Divorce to be Finalized after being Filed?Like other jurisdictions, California’s divorce laws can make it a drawn-out procedure. As a result, the divorce will be finalized at least six months after the petition is filed. The six-month waiting period is necessary, even if you and your spouse finish all the paperwork sooner.
How is Property Shared during a Divorce Process in California?
Because California is a “community property” state, any assets acquired during a marriage are either regarded as “community property” (belonging to the couple) or “separate property” (belonging only to one spouse). All of the assets the couple accumulated while they were married often referred to as community property. Separate property, on the other hand, refers to help that the spouses separately obtained either before or after their separation. Inheritances or gifts acquired during the marriage are other examples.Community property is divided equally, and each spouse or domestic partner keeps their separate real estate in a California divorce case unless a prenuptial agreement specifies otherwise. Of course, couples are free to decide how they want to divide the property. The challenge is distinguishing between communal and individual properties because they frequently have mixed components. Additionally, it involves developing agreements that both spouses can accept. A judge can rule on whether the property is community or separate if there is a disagreement. You can get assistance from a qualified family law attorney with these challenging divorce-related issues.
Can I Change Any Orders Issued by the Court?
Suppose a significant change in circumstances after a judgment has been rendered. In that case, the court may allow a review to modify your custody, alimony, or child support order. You can get assistance filing the necessary paperwork from a lawyer or family law facilitator. For example, you might present pay stubs or a bank statement to demonstrate a material change in your financial condition. An adept custody and alimony lawyer can assist you in determining if the situation has changed sufficiently for the court to evaluate and modify your orders. Your judge will eventually decide, though.Also, remember that you cannot ask for alimony or child support payments in the past. For example, someone who lost their job three months ago cannot request a revision to their child or spousal support order and ask for back payments for those three months. Therefore, it is critical to submitting a modification request as soon as possible after experiencing a substantial change in circumstances because the changes usually take effect from the date you submit the request.
Compassionate Woman's Divorce Attorney
If you’re a California woman facing the possibility of divorce, you need an experienced, sympathetic attorney. At the Law Office of Stephen Gassner, a woman’s divorce attorney is prepared to defend your custody rights, fight for the marital assets you require, and safeguard your interests in child support and alimony disputes. Our skilled family law attorneys are ready to fight for you until we get the outcomes you deserve.Contact a seasoned, competent, trial-ready family lawyer at the Law Office of Stephen Gassner for assistance with divorce, paternity disputes, child support, alimony, or custody problems.
324 N Mountain Ave, Upland, CA 91786, United States