Coronado Family Law Attorneys
If you are considering a divorce, this is not a light decision. There are many things that you will need to consider, such as property division, children, support, and more. Many spouses going through a divorce have competing notions of who should get what which makes things difficult.
It is important to have someone on your side who can advocate for you and ensure that your preferences are followed as much as possible. An attorney is also valuable in the sense that they can make sure everything is fair. In Coronado, an experienced attorney is key to protecting your rights and helping things go smoothly.
Dividing property during a divorce can get very complicated. It is important to have an experienced attorney on your side who can help you through this as there is no map to follow. To add to the complexity of property division, it may also have an effect on child support payments and spousal maintenance.
There are two situations you will need to be aware of when dealing with property division in a divorce. The first is regarding property you acquired prior to your marriage. This property will be considered separate and in most cases you will be able to retain full ownership of it. However, an exception to this is if that property increases in value during your marriage.
The second situation is regarding property acquired by either spouse during a marriage. This property is deemed marital property and must be divided up in a settlement agreement before a divorce can be finalized.
Under the title of property division comes any marital debt. You will also need to divide marital debt, and this includes any debt that was acquired during your marriage such as student loans, credit cards and mortgages.
Your lawyer will most likely advise you that in some cases, it may be better to pay off the debt prior to completing your divorce so that the remaining payments do not impact the finances of both spouses.
If there are children involved in the divorce, custody issues play a large part in divorce proceedings. It is preferred by most family law courts that parents are able to come to a mutual agreement about how responsibilities will be divided.
Family courts advocate for having both parents involved in a child’s life as much as possible, but their sole interest in any custody disputes is the safety and wellbeing of the child. This means that the court has the discretion to limit or deny parental responsibilities if there are any hints of child abuse.
Legal custody means the right of a parent to make legal decisions for a child. Family court’s prefer joint custody so that both parents are able to make these decisions, however there is also the option of sole custody where one parent has the power to make any legal decisions.
Physical custody refers to the household a child will live in after the divorce. Again, this can be sole custody where the child lives with one parent, or joint custody where the child's time is split between both parents in different homes.
Coronado, California, only allows spouses to file for divorce on “no-fault” grounds. Under “no-fault” grounds, the spouse filing for divorce does not have to prove that the other spouse did something wrong or was at fault for the divorce.
Two spouses wanting a divorce simply have to state that they cannot get along, there is no blaming involved. Legally this is called “irreconcilable differences,” and what constitutes an irreconcilable difference is up to the person filing.
If you’re based in Coronado and are currently going through a divorce, several factors need to be kept in mind, including parental responsibilities and property division — which can be tricky.
Amelia from Mattis Law, A.P.C., is an experienced attorney that will carefully review and deliberate these factors during your divorce. She is here to help you and will leave no stone unturned. Give Amelia a call today at (858) 328-4400.