Do I need an attorney for a divorce in California?
It is a good idea to consult with an attorney. We can help protect your rights and ensure your children are protected. Even though you can represent yourself, family law can be very complicated and it can be easy to waive your rights to issues simply because you do not know they exist.
How are assets divided in a divorce?
If the division of property cannot be settled between the parties, then the court must make a determination. Laws vary from state to state. In California, property that is acquired during the marriage is presumed to be community property unless there is an agreement otherwise, such as a premarital agreement. The issue of property division can be extremely complex, and it can be very easy to lose some of the property that you are entitled to if you do not have representation who is informed of the details of this area of law.
How do courts determine child custody?
The courts decide custody of the child in the event that the parents cannot agree. In California, custody is based on “the best interest of the child” standard. In practice, this means that the Court tries to make an order that is centered on the child’s health, safety, and wellbeing, encouraging both parents to maintain a safe relationship with the child.
What is a Prenuptial Agreement and what are the benefits of signing a Prenuptial Agreement?
A prenuptial agreement is a legally binding document created between two people prior to marriage. A properly drafted agreement can prevent costly disputes and losses to your assets in the future, as it establishes each person’s rights as to spousal support, division of assets and debts, and other financial issues in the event their marriage were to end in divorce. Some reasons it can be beneficial to have a premarital agreement is to protect family money, ensure that children from another relationship are cared for financially, and to promote trust and predictability in the marriage.