Santa Clara Divorce Lawyer

requires the services of a divorce lawyer and addresses all the same issues as divorce regarding asset division, custody, and support, but the couple remains married though living separate and apart.

is the process of determining the status of the assets, then dividing them up equitably between the divorcing spouses. There are generally two categories of assets. Marital assets are those accumulated over the duration of the marriage.

are those acquired after the marriage but before legal separation or divorce.

are gifts or inheritances, or assets acquired either before the marriage or after legal separation. Be warned: assets aren’t the only thing considered to be marital. Debt, too, can be divided and shared.

can be a significant consideration when determining asset division. For instance, claiming children as dependents, or capital gains tax from selling a property.

formerly known as alimony, is what one spouse may be ordered to pay to the other spouse. Even recipients of spousal support have an obligation to attempt to become self-supporting within a reasonable period. This is one of the most contentious aspects of divorce and it’s essential to work with an experienced spousal support lawyer to achieve a fair resolution.

refers to the determination of how the parents divide the rights and responsibilities of taking care of their child or children. A good child custody lawyer will tell you there are two types of custody, legal and physical, and advise you on the best options for gaining or retaining custody of your child or children. The legal custodian makes important decisions for the children and their welfare. The physical custodian lives with the children more than 50% of the time.

in California is calculated using a statutory or guideline formula that considers parents’ gross income from all sources, number of children, amount of time children spend with each parent, tax filing status, and special needs of the children. When a parent refuses to pay child support, a child support lawyer either seeks an order for child support or holds the ex-spouse legally responsible for inadequate or missing payments.

are orders issued by the court – such as temporary child custody orders or temporary spousal support orders – before the case goes to trial to establish boundaries and maintain the family’s status quo until a final divorce and/or custody agreement is entered and approved by the court.

couples have the same divorce rights as any couple, and there may be special considerations with parental and property rights.

though prevalent, is often difficult to prove in part because abusers can be stealthy but also because physical violence is just one of many forms. For instance, it’s challenging to prove verbal abuse without witnesses. It’s essential that victims of abuse work with an experienced domestic violence lawyer successful at obtaining restraining orders.