Ending a marriage is a trying experience, but once it’s over, your life will be filled with possibilities.
Groucho Marx once said, “Alimony is like feeding hay to a dead horse.” However, spousal support is just one of the many things you have to take into consideration before you file for a divorce.
Issues such as child custody, division of property, and liabilities are also important. Although a couple may think that they can handle the paperwork themselves, it has been shown time and again that it is the best idea to get an attorney when you file for divorce.
Hiring an Attorney
A trained Irvine divorce attorney will be well versed in filling out the paperwork and familiar with the judges and the court system in California. They will also be able to look at your situation objectively. No matter how amicable divorce might be, no one splits because they can agree on everything.
In the case of an uncontested divorce with few assets, you may both be able to use the same attorney to assist you with the paperwork.
If there is a lot of money or assets involved, or if children are involved, it is advisable to get your own attorney. You should also get your own attorney if your spouse has their own lawyer.
Marriage Counseling
Before getting divorced any couple should consider seeing a licensed family therapist. Even the easiest of divorces can take months to complete and the paperwork costs money to file. People often reconcile after making a rash decision to divorce.
A marriage counselor will not only be able to help you with the emotional issues that you may go through when you divorce, but they can help you to divide property and come to arrangements regarding children and pets.
Find a Place to Live
It takes six months for a divorce to go through in the state of California. This does not only give the courts enough time to process the paperwork, but it also gives you and your spouse a chance to try living alone for a while. You and your spouse should decide who will stay in your current residence.
Make a Custody Arrangement
Whenever a couple divorces in the state of California, the first concern of the court is the welfare of the children. You, your spouse, and your respective attorneys will want to sit down and discuss which one of you will be the primary parent and what the other parent’s visitation rights will be.
You should take such things as which parent is home the most often and who lives the closest to your children’s schools into consideration. The amount of child support a person pays will be dependent on their net disposable income. However, supplemental income may also be taken under advisement.
You may not be able to collect child support if your spouse is on SSI and General Assistance.
You will want to calculate the amount of time each parent spends with the child. The parent who spends the least time with the kids is the one who will pay the larger amount of child support.
Dating During Divorce
While becoming romantically involved with another person while you’re going through a divorce may be considered “adultery” by some, the law is fairly indifferent. Alimony is awarded based on needs and financial means. Your behavior during a divorce may, however, affect other factors, such as shared parenting, so use your best judgment when it comes to dating during a divorce.
Ending a marriage is a trying experience, but once it’s over, your life will be filled with possibilities. In the meantime, let your California divorce lawyer do the heavy lifting.
Authoritative Sources:
Join the conversation!