12975 Brookprinter Place, Suite 210
Poway, CA 92064

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Divorce

Now called Dissolution, divorce can be divided  into two parts. A Divorce proceeding will
1. Dissolve the marriage and restore the parties to single persons. and
2. Resolve the substantive issues below:

CHILD CUSTODY AND VISITATION

LEGAL CUSTODY: This is usually awarded jointly to the parties and allows them equal input and access to the health, education and welfare decision on their child's life.

PHYSICAL CUSTODY: Also called primary residence, is awarded to the party who has the majority of the child share time.

VISITATION: Now called child sharing, it is presumed that frequent and continuing contact with both parties is best for the child.

BEST INTEREST TEST: The heart of this rule is stability for the child.

CHILD SUPPORT AND SPOUSAL SUPPORT

CHILD SUPPORT: California recently enacted a uniform Child Support Guideline System which sets the amount of Child Support by computer programs based on a multitude of factors including:

Child Sharing Percentages
Father’s Net and Gross Income
Mother’s Net and Gross Income
Special Limited Deductions
Tax Status and Dependency Exemptions
Other Household Children

TEMPORARY SPOUSAL SUPPORT: Also known an Alimony, permanent Spousal Support supersedes temporary Spousal Support and attempts to rehabilitate a dependent spouse so they become financially self-sufficient. The Family Code identifies a number of factors which define Spousal Support amount, while Spousal Support duration depends on the length of the marriage.

FAMILY SUPPORT: A combination of unallocated Child and Spousal Support.

WAGE ASSIGNMENT: All support is now directly enforceable in California by Assignment which is similar to a wage garnishment.

PROPERTY CHARACTERIZATION AND DIVISION

In California, most property is characterized as Community or Separate. As a Community Property State, any property acquired with the labor, skill, energy or time of either party, while married and living together is characterized as Community Property. Community Property can be divided equally by the Court or equally by the parties. This property can be either real property (land and structures) or personal property (bank accounts, cars, businesses, securities, retirement funds, etc.).

COMMUNITY PROPERTY: All assets and debts acquired during the terms of the marriage except by gifts or inheritance/devise or special rules (student loans).

SEPARATE PROPERTY: Assets and debts. Brought to the marriage, etc., unless transmutated (charged) into Community property.

PROPERTY DIVISION: Community Property is divided equally to the extent economically feasible. Therefore, household furniture and furnishings generally do not divide in kind.

 


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Let us help you through the sometimes complex process of last will and testament, divorce, family law and probate legal processes.

 

How we help

We take the time to understand your situation and explain in detail the right course of action.

 

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E. James Jeffries, Attorney at Law - 858-748-0498