Knowing how to get the most out of a divorce can be a complicated answer. The challenges you may encounter when going through the divorce process can be met with contention and animosity between all parties involved. In some cases, the other party may be dishonest or try to hide information. With the help of a Glendale divorce lawyer, you can empower yourself to be prepared for whatever difficulties may arise and ensure you receive what you are entitled to.
Looking at Divorce in Glendale, CA
In 2023, 7% of men and 10.5% of women got a divorce in California. Divorce matters in Glendale are typically processed at the Glendale Courthouse at 600 E. Broadway, Glendale, CA 91206, but venues can vary depending on the county where you and your spouse live.
Understanding Property Division in California Divorces
In every California divorce, certain legal issues need to be addressed before the marriage dissolution can be finalized. One of these divorce matters is the division of marital property. Community property, or marital property, is the culmination of all assets and debts that either spouse incurred during their marriage. In a Glendale divorce, the shared property and financial liabilities must be equally distributed between the spouses.
Property division proceedings typically begin by logging all assets owned by both parties and identifying which are community property as opposed to separate property. Separate property includes any assets that individually belonged to each spouse prior to marriage or after the official date of separation.
Some properties may be considered mixed or hybrid, meaning an asset is both shared and separate or transitioned from one type to the other. Separate property is not subject to division, but mixed property often is to a degree. An example of a mixed property is a business that one spouse had prior to the marriage, that the other spouse largely contributed to during the marriage.
Spousal Support, Child Support, and Custody Issues
Spousal support, also known as alimony, is another divorce matter that must be settled before the case can be finished. It’s a common occurrence for the court to order one spouse to pay support to the other, although it’s not required. Spouses may also decide between themselves whether either party will pay or provide spousal support. Aspects that need to be determined include the amount of each support payment, how long they’ll last, and how payments will be made.
All parents in Glendale are required by law to provide for their minor children. This includes providing financial support, weighing in on important life decisions, and caring for the child while they’re in your physical custody. Whether determined by a judge or agreed upon between spouses, the following aspects of child support and custody must be considered:
- How much child support payments will be
- Which parent provides health insurance
- Where will the children primarily live with
- Visitation rights and scheduling
- Who has legal custody, or if it’s jointly shared
Ways to Maximize What You Get Out of a Divorce
One of the main goals of divorce proceedings is to reach a fair agreement. There are some strategies and approaches to keep in mind when you want to maximize what you get from the divorce settlement. One of these methods is to work with an experienced and qualified divorce attorney. You can discuss what you aim to get out of the divorce with your attorney, who can develop a plan to address your needs, priorities, and goals.
Another way to potentially maximize your divorce is by considering mediation. Mediation is a form of alternative dispute resolution. Through mediation, the spouses and their legal counsel meet privately outside of court to reach a settlement instead of leaving the relevant issues up to a judge. A judge will ultimately need to approve any agreement proposed, but mediation can allow spouses to find creative solutions tailored to their family’s dynamics and individual needs.
Of course, working collaboratively with your spouse is not a viable option for everyone, but if possible, working together allows you to have more control over the situation. To maximize what you get out of your divorce settlement, keep in mind the importance of open communication. It’s recommended that you remain transparent about your finances and avoid being dishonest in general.
Be sure to protect your assets and plan. Your attorney can help you determine which properties are worth prioritizing for your financial interests. It’s also a good idea to familiarize yourself with your legal rights and obligations as a spouse and parent in California.
FAQs
Q: Which Spouse Usually Gets More in the Divorce?
A: Neither spouse usually receives more property or benefits than the other. The goal of divorce is to reach a settlement that’s fair and agreeable for both parties. The division of marital property is equal in California. This is known as the doctrine of community property, meaning assets acquired by either spouse during the marriage belong equally to each person.
Q: How Can a Lawyer Maximize My Divorce Settlement?
A: To maximize your divorce settlement, start by seeking the counsel of an experienced family attorney. Your attorney can ensure you understand your rights, legal obligations, and the basics of divorce law. You can also explain your goals, needs, and priorities to your lawyer so they can effectively advocate on your behalf.
Q: What Are Mixed Properties in California Divorce?
A: In California property division, mixed properties are both separate and community assets. A mixed or hybrid property either started as or became one spouse’s separate property but became community property at some point. An example of a mixed property may be a business or even a family home. In these situations, your attorney can help guide you on the implications of this designation in your divorce.
Q: What Are the Benefits of Divorce Mediation in CA?
A: There are numerous potential benefits to divorce mediation in California. This alternative dispute resolution method may be appealing to individuals who want to streamline their divorce or avoid courtroom proceedings. Besides being potentially cost-efficient and less time-consuming, mediation can give spouses more control and the chance to find individualized solutions.
Dedicated Divorce Attorneys in Glendale, CA
If you want to maximize your divorce settlement and simplify legal proceedings, consider working with the team at Khalaf Law Group. Contact us today to schedule a consultation with a skilled divorce lawyer.
