Roseville Divorce Lawyer
Going through a divorce can be a difficult time at best. At worst, it can be complicating and exhausting. Spouses can feel drained, both physically and mentally. Self-care, important under any circumstances, can become existential when is dealing with the fallout of starting divorce proceedings. In the midst of all this, are the difficult legal issues that have to be handled as a part of the settlement. At The Law Offices of James-Phillip V.M. Anderson, our Roseville divorce lawyer can’t make all the pain go away. But we can certainly take the legal burden off a spouse’s shoulders, giving them the peace of mind they need to take care of themselves.
We serve clients throughout Placer County, Nevada County, and Sacramento County. Call today at (916) 282-7737 or fill out our online contact form and arrange for a consultation.
The state of California allows for divorce on the grounds of irreconcilable differences. The differences do not need to be proven, or even specifically cited. They do not require the agreement of both spouses. All of which is to say that a person who wants a divorce will likely be able to get it. But that’s when the real legal trenchwork has to begin.
What Must Be Settled in a California Divorce
Every case will be different, and some cases will have more to settle than others. The couple who has been married for two years and has yet to purchase a home or have children will have less to settle than the couple married for 34 years with five kids. The short-term marriage with only a modest 401(k) account to work out will have less to settle than a long-term marriage with an extensive stock portfolio and a vacation home.
The issues that have to be resolved in a California divorce settlement fall broadly into the following categories…
California is a community property state, so the settlement must resolve the property division on a 50/50 basis. But that is only for the property that belongs to the marriage, not to the spouses individually. How do you tell the difference? Our Roseville divorce attorney can help.
The legal term for what is commonly called alimony is spousal support. Family law judges in California are given an extensive list of factors to consider when determining an appropriate spousal support payment. Spouses need to know that their lawyer has a firm grasp of all the relevant details and can communicate their interests to the judge—or in the negotiated settlement—as clearly as possible. That’s what we do.
There are two types of child custody—physical and legal. The former refers to where the child lives, the latter to the decision-making authority in the child’s life. These two types of custody can be handled in two different ways—either sole (exclusively the prerogative of one spouse) or joint (where the spouses share responsibility). Furthermore, each type of custody can be shared in a different way. Physical custody might be joint—the child lives primarily with one parent. Legal custody might still be joint—each parent having equal say on matters like education, medical decisions, and religious upbringing. How it’s resolved may come down to how well a client’s Roseville divorce lawyer lays out their case.
Once child custody is resolved, the parents must decide how the costs of raising the children will be shared. California law is clear—regardless of what custody decisions were made, parents share equal responsibility for the costs of raising children. Our attorney can work with parents, within the guidelines outlined by the state of California, to shape a fair child support plan.
Collaborative & Compassionate Legal Counsel
At The Law Offices of James-Phillip V.M. Anderson, we know that people don’t come to our doors looking to be judged. They need someone who will understand what they’re going through, and have the legal know-how to help them through it. That’s what we offer.
Call our Roseville office at (916) 282-7737 or contact us online to set up a consultation.
Do I need a lawyer to get a divorce?A:
Strictly speaking, the answer is no. The state of California allows people to represent themselves. But—and yes, we understand we’re biased—a lot is missed out on when a reliable and experienced attorney isn’t present. Essential issues in the property settlement might be getting overlooked. Agreements on child support or spousal support might be less than what a spouse or parent deserves. And, even in the simplest of divorce cases, a lawyer can still provide efficient services in filing documents and responding to motions, allowing their client to focus on the next era of their life.
Who gets the house in a divorce?A:
The house will be subject to California’s community property laws, which require a 50/50 split of all marital property between spouses. Whether the family home ends up with a spouse or is sold depends on how the parties negotiate the settlement. No uniform rule exists on how any particular marital property should be distributed.
How is child custody decided?A:
Child custody decisions are made exclusively based on what the courts deem is the child's best interest. This will depend on a range of factors unique to each couple, so there is no one-size-fits-all answer. But as an example, if it's already been agreed that one spouse will get the family home, a court might deem it in the child's best interest to live with that parent simply for the stability of staying in the same house.