Divorce lawyers

California In the past, Californians could pursue a fault-based divorce, citing reasons like infidelity, domestic violence, or abandonment. Today, however, the state has shifted to a no-fault divorce system. Under this system, as outlined in Cal. Fam. Code § 2311, divorces are granted on the grounds of irreconcilable differences, eliminating the need to prove any marital misconduct by either spouse.[3] This shift implies that the division of property during the divorce proceedings remains unaffected by either party’s conduct during the marriage. Nevertheless, certain behaviors, such as substance abuse or domestic violence, may influence decisions regarding visitation and custody in cases involving children.

California differs from many states by adopting a community property approach to marital assets. As per Cal. Fam. Code § 760, all assets and debts accumulated during the marriage by either spouse are considered community property and are subject to equal division during a divorce.[4] This principle applies regardless of which spouse acquired the property.

On the other hand, property obtained by a spouse before marriage is considered separate and is generally not divided during divorce proceedings. However, complications can arise when separate property becomes mixed with community property, potentially altering its classification. For instance, if a spouse enters the marriage with $100,000 in an individual account but later merges these funds into a joint account for shared use, the money may lose its status as separate property and become subject to division.

To equitably divide community property, it’s necessary to first categorize all assets and debts as either community or separate property. Following this, the value of the community property must be assessed. The couple then needs to decide on the division of these assets and liabilities. In situations where an agreement cannot be reached, the court will step in to determine the appropriate division.

Either spouse can ask for spousal support in a divorce. A request for spousal support will not be automatically granted, however. Instead, judges will consider a number of factors as outlined in Cal. Fam. Code § 4320 to determine whether spousal support is warranted.[5] Some of these factors include the following:

In Santa Ana, California, either party in a divorce can request spousal support, but such requests are not automatically approved. The decision to award spousal support is based on various criteria set forth in Cal. Fam. Code § 4320.

Judges carefully consider these factors, which include:

• The earning potential of each spouse.
• The job-seeking capabilities of the spouse requesting support and their ability to maintain a similar standard of living as experienced during the marriage.
• The duration of the marriage.
• The ages of both spouses.
• Documented instances of domestic violence.
• The assets and liabilities held by each party.
• Any sacrifices made by one spouse, such as career abandonment, to support the other’s career progression and to fulfill domestic roles.
• The financial capacity of the supporting spouse to provide spousal support.
• Tax implications for both parties.
• Hardships encountered by both parties.
• Criminal records pertaining to spousal abuse.
• Other relevant factors.

The Fontes Law Group’s divorce attorneys are adept at navigating the intricacies of spousal support in Santa Ana. They can provide invaluable guidance on whether spousal support is likely to be a factor in your case, including estimations of potential payments or receipts.

In Santa Ana, as per Cal. Fam. Code § 2030, a spouse involved in a divorce proceeding may request the court to mandate the other spouse to cover their attorney fees and legal expenses.[6] This consideration comes into play particularly when there’s a significant disparity in income and assets between the spouses, limiting one’s ability to equally access legal representation. In such cases, the court may require the higher-earning spouse to bear the legal costs for both parties, ensuring a more balanced legal process.

In some instances, couples in Santa Ana might opt for legal separation instead of a full divorce. Legal separation involves the division of community property and, if applicable, the establishment of child custody and support arrangements. However, unlike divorce, legal separation does not legally end the marriage, restricting both parties from remarrying.

The preference for legal separation over divorce can be due to various reasons, such as:

• Religious beliefs that oppose divorce.
• The need for one spouse to maintain coverage under the other’s health insurance.
• The financial advantage of filing joint tax returns.
• The preservation of eligibility for Social Security or military pension benefits as a spouse.
• The desire to leave room for possible reconciliation in the future.

Legal separation can be an appropriate option for couples facing these situations. If, over time, the decision to divorce is made, having a legal separation in place can simplify the process. However, it is crucial that both parties agree to a legal separation; if one spouse objects, pursuing a divorce becomes the alternative.