Legal Separation

 

Simply living apart does not constitute a legal separation. The process of obtaining a legal separation is the same as a divorce, except unlike a divorce, a legal separation does not put an end to your marriage. The court will decide such things as property division, child support, alimony or spousal support.

 

The legal separation also sets precedence for the divorce that may follow. If you divorce after being legally separated, the judge may carry over the terms of the separation to the divorce settlement agreement. That is why it is important that you reach a separation agreement that you feel you can live with long term.

 

Legal separation can be done for a variety of reasons from tax purposes, insurance reasons, or religious reasons. It also leaves the option of reconciliation still on the table.

 

 

 

Divorce

 

A divorce can be obtained in California only on the grounds of irreconcilable differences or incurable insanity.  The irreconcilable differences standard is extremely broad and is intented to make fault or misconduct by either spouse irrelevant. Thus, courts may not look to fault in dissolving a marriage, dividing marital property or ordering support.

 

When irreconcilable differences are found to have caused the irremdiable breakdown of the marriage, the court must grant the requested divorce.

 

 

 

Division of the Community Estate

 

Knypstra Hermes will employ the services of forensic accountants, when necessary, to accurately determine the value of the marital estate and use this analysis as the foundation for the case.

 

Asset division is typically one of the most contentious parts of a divorce proceeding. As a community property state, California law requires that any asset that was obtained or any debt taken on during the marriage is considered the couple’s joint property and should be included in the division. Property considered marital property will be divided equally between the parties.

 

Asset division is typically one of the most contentious parts of a divorce proceeding. As a community property state, California law requires that any asset that was obtained or any debt taken on during the marriage is considered the couple’s joint property and should be included in the division. Property considered marital property will be divided equally between the parties.

 

Marital property can include everything from homes, land and cars to pension plans, IRAs and stock options. In addition, debts like mortgages, loans, credit cards and others need to be identified and divided. As you can see, asset division matters can become very complex very quickly. It is critical that you have skillful, aggressive legal representation on your side to ensure that your interests are protected.

 

 

 

Spousal Support

 

Knypstra Hermes will conduct an extensive investigation and examination of the marital finances to determine the appropriate child and spousal support obligation of each party.Depending on the situation, spousal support can be awarded on a temporary and/or permanent basis. Temporary support can be awarded for a set period of time while the divorce is pending. Permanent support, if awarded, is based on a number of factors. Among the factors the court considers in making a determination on permanent alimony are:

  • The earning capacity of the supported spouse;

  • The length of the marriage;

  • The standard of living established during the marriage;

  • The age and health of the parties; and

  • Contributions of the supported spouse to the career advancement of the other.

 

 

 

Child Custody

 

Above all, the court’s main issue when determining custody is what is best for the child. The very first factor they will take into consideration is the health, safety and welfare of the child – and which parent can provide them with the best of all three.

 

While the child’s welfare is first and foremost in determining custody, it is not the only factor. Some of the other factors include:

If one parent has a history of abuse. This could be abuse of the child or of the other parent. The court does not want to send a child into a situation where they may be in danger.

 

Which parent is more likely to encourage visits with the other parent. The court wants the parents to work together. The parent that seems more willing to do this can sometimes receive favor with the court.

 

A parent with history of drug or alcohol abuse. Once again, the court wants to make sure the child is in as safe an environment as possible.

The child’s wishes. This is only the case in older children who are found to be mature enough to make this decision.

 

FAMILY

ORANGE COUNTY . RIVERSIDE

LOS ANGELES & SAN DIEGO

 

(949) 432-3802

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