Seemingly from one day to the next your entire life changes because, for many reasons. you are now facing a divorce. A divorce can be one of the most difficult personal circumstances a person will have to endure. There are so many things you have to consider and take care of including childcare and living arrangements. You will now also have to divide assets and deal with the terrible emotions that come along with the end of a relationship.
It is crucial to have skilled legal representation in these situations. It can truly make all the difference. At the Law Offices of Stephanie L. Mahdavi, you will have a Thousand Oaks divorce attorney by your side who truly cares about the outcome of your case. Stephanie L Mahdavi understands what you are going through during this difficult time and places the well-being of your children above all else. You have options and we will ensure you are aware of what they are.
Being a community property state, California requires that all assets and debts acquired throughout the marriage be divided equally upon divorce. Do not try to figure the totals out on your own. Our Thousand Oaks divorce attorneys have financial professionals who will comb through every financial record to determine an appropriate number.
Divorce is hard, to begin with, but can become much more difficult when children are involved. During a divorce, custody and child support can be some of the most heated and high-stakes topics in the courtroom. Some partners can never agree on this topic even after the court has decided or one partner feels the decision was unfair. This is when some will seek a modification. The topic is very sensitive and your relationship with your children will be affected for many years to come. There are many custody options including sole custody and joint custody. There are also many things the judge will consider when determining visitation and child support.
The way that couples handle their finances is different for each marriage. In some cases, one spouse will have more earning capacity than the other. Due to a divorce, you will need time to adapt to a new lifestyle and less income. Depending on the case, support can be awarded either temporarily to help the other spouse get back on their feet or permanently. Courts will use information like the length of the marriage and the sacrifices or contributions that were made throughout the marriage by each spouse to calculate the support.
Unlike in “fault” divorce states, there are not that many requirements for filing for divorce in California. In a no-fault state such as California, you can file for divorce as long as one spouse cites “irreconcilable differences.”
One of the few requirements in California is that one spouse must have resided in the Golden State for at least six months prior to filing a divorce petition.
When filing for divorce in a county court, the spouse who submits the petition must have resided in that county for at least 90 days.
Divorces are divided into contested and uncontested ones.
A contested divorce, which is typically a more expensive option compared to the uncontested dissolution of marriage, is when the divorcing spouses cannot come to a consensus about some aspects of their divorce.
When you cannot agree on things, you will most likely need help from a Thousand Oaks divorce attorney to represent you in mediation, negotiations, and other complex divorce proceedings.
More often than not, contested divorces get a trial date to allow you and your spouse to voice your arguments in front of the judge. Both parties may require attorneys to ensure that all the legal obligations are fulfilled and rights are preserved.
A contested divorce can cost considerably more than if the divorcees opted for an uncontested dissolution of marriage. Contested divorces are not only costly but can also drag on for months or years due to the investigation, discovery, subpoenas witness interviews, and many other aspects.
Yes, your spouse can divorce you if you did nothing wrong. All divorces in California are considered “no-fault.” The other party (your spouse) does not need any reason at all for asking for a divorce. Chances are, you already know something is off before a divorce is filed. However, judges are not going to consider fault when determining support or dividing assets. Please consult with a Thousand Oaks divorce attorney with your case specifics.
California is a community property state. That means that when you get married, you and your spouse are considered a single merged entity. That probably seems great when you get married. In a divorce, however, that can really be a tough pill to swallow. Any assets or property that is earned or acquired during the marriage is considered community property owned by both of you.
Yes, you can certainly get stuck with your ex’s debts if they acquired that debt during the course of the marriage. Both assets and debts are considered part of the community property. A Thousand Oaks divorce lawyer will help you understand this area of the law.
California does not recognize common-law marriages. It does not matter how long you have been living together. This means that you are not going to be entitled to any asset division otherwise recognized in a divorce.
Child support and spousal maintenance (alimony) are not dependent on whether or not infidelity occurred. California is a “no-fault” divorce state. There need not be a reason for the divorce, and any reason presented does not matter. All divorces will be treated the same. Judges will not take infidelity into account when making these decisions.
An inheritance generally belongs to the spouse who received it. The other spouse will not receive any of this. However, if the inheritance is used for things in the marriage and becomes commingled with other marital assets, it could be seen as a community property asset. Always ask your Thousand Oaks divorce attorney about these matters.
Filing for bankruptcy will not take away your responsibility to pay either child support or alimony. This includes both Chapter 7 and Chapter 13. However, Chapter 13 bankruptcy may help you reorganize your payments and help you catch up on back payments.
A new law in California gives judges the power to consider what is in the best interests of pets in divorce cases. Before, pets were treated as physical property. Not anymore.
There are many aspects that go into a divorce from the division of assets to child support and visitation. There are many options available when the end of a marriage is imminent. Our Thousand Oaks divorce attorneys understand this and will be able to review your circumstances and determine the best course of action. Our goal is to ensure you and your children are protected during a divorce. Contact us to schedule a case evaluation. You can contact the Law Offices of Stephanie L. Mahdavi for a consultation by clicking here or calling 805-379-4550.