Rancho Santa Fe Family Law Lawyers
Having an attorney on your side when dealing with divorce or other matters is extremely valuable. While we cannot ease the pain of the situation in the moment, we can make your life less difficult by dealing with the legal aspect and helping you to protect your livelihood and children.
There are many parts of your life that will be affected by your divorce or custody issues. Whether you are dealing with property division, child support, parental responsibilities, or spousal management in Rancho Santa Fe, an experienced attorney is key to protecting your rights and helping things go smoothly.
Dividing property in a divorce can be tricky and is considered one of the most complex aspects of a divorce. It is a great idea to have an experienced attorney on your side who can guide you through the legal aspects of property division because there is no set solution. Property division may also have an effect on child support payments and spousal maintenance.
Any property acquired prior to your marriage is considered separate property, and in most cases, you will retain full ownership of it. Things get a bit trickier if that property increases in value during your marriage. On the other hand, any property acquired by either spouse during a marriage is deemed marital property. It must be divided by way of a settlement agreement before a divorce can be finalized.
Note that you will also need to divide marital debt. This includes credit cards, mortgages, student loans, and any other sort of debt that was acquired during your marriage. It’s worth getting the advice of an attorney when dealing with marital debt. In some cases, it may be advantageous to pay off the debt prior to completing your divorce so that the remaining payments do not impact the finances of both spouses.
Another important thing that will be impacted by your divorce is custody of any children involved. Generally, Family Law courts prefer parents to come to mutual agreements about how responsibilities will be divided so that both parents can be involved in a child’s life. The court’s sole interest in any custody disputes is in the wellbeing of the child. They have the power to limit parental responsibilities or deny parental responsibilities if there are any hints of child abuse.
In addition to joint and sole custody, there are also two other ways that custody can be divided. Legal custody refers to the right of a parent to make legal decisions for a child. This can be shared between two parents, or given to only one of them. Physical custody refers to the household where a child lives. This can be sole custody where the child lives with one parent, or joint custody where the child splits their time with both parents in different homes.
Rancho Santa Fe, California, only allows spouses to file for divorce on “no-fault” grounds. This means that the spouse does not have to prove that the other spouse did something wrong. They simply have to state that the couple cannot get along. Legally this is called “irreconcilable differences,” and what constitutes an irreconcilable difference is up to the person filing.
Parental responsibilities, child custody, and property division are all tricky factors in a divorce. They must all be carefully reviewed and deliberated during your divorce by an experienced attorney. If you’re going through a divorce in Rancho Santa Fe, Amelia from Mattis Law, A.P.C., is here to help you and will leave no stone unturned.
Give Amelia a call today at (858) 328-4400.