If you are considering filing for divorce, it’s important to understand all of the legal issues involved and how to preserve your rights. Navigating the divorce process can be challenging, whether your divorce is amicable or contested. Some of the most disputed matters in a divorce include child custody, alimony, and property division. The sooner you speak to an experienced family law attorney, the better.
Contact a Southern California Divorce Lawyer Today
Attorney Ronald L. Freeman has decades of experience standing up for clients in San Bernardino and Riverside counties. If you are considering filing for divorce, he can help you navigate the divorce process as smoothly as possible. After carefully discussing your goals for your divorce, he will develop a strategy to give you the best likelihood of success at achieving a result that suits your needs. Contact the Law Offices of Ronald L. Freeman today to schedule your free initial consultation.
No-Fault or Divorce in California
California recognizes several grounds for divorce. The first ground for divorce is irreconcilable differences that have caused an irremediable breakdown of the marriage. This ground for divorce is commonly called “no-fault divorce.” Many couples who divorce in California do so under California’s no-fault divorce laws.
In a no-fault divorce, the divorce will be granted as long as one spouse claims irreconcilable differences that warrant a divorce. The spouse petitioning the court for divorce will not have to prove any fault and his or her spouse. If one spouse claims irreconcilable differences, the court will grant the divorce even if the other spouse disagrees.
Fault-Based Divorce in California
California also recognizes a second ground for divorce, that of incurable insanity. A spouse petitioning the court using this ground for divorce must provide evidence from a reliable medical professional that the spouse was clinically insane at the time of the divorce petition and remains incurably insane. The majority of marriages are dissolved based on irreconcilable differences between the parties. However, it can be advantageous to raise a fault-based ground for divorce in some instances. Attorney Ronald L. Freeman will raise issues of fault when they are relevant to child custody, child support, or property division disputes.
Division of Property in California
Division of property is often one of the most contested aspects of going through a divorce. When a couple has a home, motor vehicles, and jointly- or separately-owned bank accounts, it can be challenging to determine how to divide them. California is a community property state. As a result, divorcing couples divide their marital assets and debts equally between each other. This row may seem relatively simple, but disputes frequently arise due to questions about valuation.
When a spouse can claim that a piece of property is separate property, he or she will get to keep it after the divorce. There may be questions about which properties were accumulated during the course of the marriage. Additionally, when the couple owns a family business or one spouse is a member of a family trust, issues can arise when dividing the marital property fairly.
Attorney Ronald L. Freeman conducts a thorough investigation to determine what assets belong in the marital estate and which assets should be considered separate property. He advocates skillfully for his clients to keep as much of their economic foundation as possible as they move into their new lives. As a strong negotiator, he will attempt to negotiate a settlement agreement that is fair for everyone. When negotiation fails, he is prepared to advocate for an equitable division of property through litigation.
Spousal Support Disputes in Southern California
In some cases, the court will award alimony or spousal support to one of the divorcing spouses. Spousal support is intended to help the spouse with fewer financial resources continue enjoying the standard of living he or she had during the marriage. When one parent has decided to put his or her career on hold to raise children, the court may award spousal support until he or she can receive the education or training necessary to become gainfully employed.
Typically, the longer the marriage, the more likely the court is to award spousal support. For marriages that have lasted fewer than 10 years, spousal support payments are typically limited to a time frame of one-half of the duration of the marriage. Courts will also consider the spouse’s health, earning ability, and standard of living. Attorney Ronald. L. Freeman works diligently for his clients to find a fair resolution under California’s spousal support laws.
Child Custody and Support Disputes in California Divorces
The parents of minor children have a duty to protect their children through the divorce process, which can put stress and pressure on the entire family. Attorney Ronald L. Freeman works with clients to resolve disputes regarding the physical and legal custody of children that serves the client’s best interest. Sometimes it is possible to negotiate a child custody agreement.
In most cases, the court will validate a custody arrangement both parents have agreed upon. However, when litigation becomes necessary, attorney Ronald L. Freeman is committed to protecting his clients’ rights. He will advocate in court for his client’s right to custody and visitation, using testimony and evidence to show that doing so is in the child’s best interest.
In California, each parent is required to help pay the cost of raising their child. Courts will award the parents with physical custody child support to help cover the child’s care expenses. Family court judges make child support determinations based on the parents’ income, assets, medical insurance expenses, and childcare costs.
Contact a Divorce Attorney in Southern California
At the Law Offices of Ronald L. Freeman, our law firm handles simple, uncontested divorces and complex divorces that include disputes of child custody, support, and property division. Attorney Ronald L. Freeman represents his clients professionally, giving husbands and wives the confidence they need to move forward and begin their new normal. Contact the Law Offices of Ronald L. Freeman today to schedule your initial consultation to discuss your child custody case with a skilled lawyer.