If you are considering getting a divorce in California, chances are you are a bit overwhelmed with both the weight of the decision and the process ahead. Simplifying the entire thing may bring some semblance of peace of mind.
A: Assess …
It is important to honestly assess your situation before taking any steps toward your divorce. Is the relationship in a slump, or is it irreparably damaged? If you are certain that you want to move forward, have you looked carefully at the emotional, financial, and logistical implications for everyone involved? Finally, have you clearly and carefully articulated your decision to an experienced attorney who will advocate for you?
B: Beck Law P.C…
You need an experienced attorney to negotiate the terms of your divorce. At your initial Beck Law P.C. confidential consultation, we listen and pursue the outcomes that are most important to you.
The basics of the divorce come into play now. Have residency requirements been met? Either you or your spouse must have lived in the state for at least six months, and in the county in which you file for at least three months. You will need to file on the grounds of either irreconcilable differences or incurable insanity.
Finally, it is time to make a serious attempt to barter with your spouse. California is a community property state. Anything acquired during the marriage will be evenly split. In reality, that may mean that you get the couch and your spouse gets the coffee table, or you get the house and your spouse gets the IRA. Think about what you are willing to give up and what you feel you must keep.
Perhaps the most significant considerations in a divorce are centered around the children. You and your spouse will have to make decisions about both physical custody and legal custody. The former refers where the child will live. You may agree to joint or shared custody, or one parent may assume primary custody with visitation arrangements for the non-custodial parent. Legal custody signifies the ability to make major decisions about the child when it comes to major issues such as religion, travel, medical care, and education. This, too, may be a joint arrangement, or one parent may be assigned sole custody. It is possible for one parent to have physical custody and the other to have legal custody, for one parent to have both responsibilities solely, or for any other configuration to occur. When parents can agree to these arrangements, the court generally sanctions them. If there is disagreement as to whom should have custody, it will be up to the judge to make a determination based on the best interests of the child.
Moving Forward With a Divorce in California
Divorce is never easy, but it can be simplified with the assistance of a knowledgeable attorney who a clear about the desired outcomes. If you are considering a divorce in California, live in Sonoma County, Mendocino County, or Lake County and are ready to discuss the dissolution of your marriage, contact a Beck Law P.C., Santa Rosa divorce attorney for a confidential consultation today.