Divorce is a serious and painful process that can affect all aspects of your life: your children, your finances and your current living situation. Accordingly, you need an experienced and strong attorney on your side to help you through this process and to get you the results you deserve. Many people have an idea as to what to expect during the divorce process. Many people have had friends who have been divorced; or, perhaps, they have experienced divorce from their parents who divorced. However, despite this second hand experience, it is difficult to fully understand the complex process. Not only do you have to face a court sanctioned ending of possibly one of the most significant relationships in your life, you must also begin thinking about unpleasant things such as division of property, new living arrangements and, in many cases, the unpleasant prospect of not being able to see your children on a daily basis.
A divorce court will attempt to divide the property of a marriage in the most economical and fair manner. Generally, all assets acquired during marriage, including all income and property purchased with this income, will be deemed “community property” and split 50/50. Property acquired before marriage or property acquired by gift or inheritance will be deemed “separate property” and will be excluded from the 50/50 division. However, the division of property can be very complex and, thus, it cannot be guaranteed that the division will be precise and equal. Therefore, it is important that you have an attorney who knows the laws regarding property division and the exceptions to the rules in order to get you the best possible results.
The family law court has the authority to award spousal support (also called “alimony”) and child support. Spousal support payments are based on a series of factors, such as the earning capacity of each spouse, the needs of each party based on the standard of living during the marriage, the duration of the marriage and the ability of the supported party to work without unduly interfering with raising dependent children.
Child support payments are now largely set by state law and based largely on the child custody arrangements. However, courts do sometimes deviate from the standards. Since the courts have discretion to award varying amounts of spousal support and child support, you can trust the family law attorneys at the Cartwright Law Firm to work hard to get you the best support order.
As you plan for the future after your divorce, the family law attorneys at the Cartwright Law Firm are ready to listen to your concerns, answer your questions and help you get through the process. Contact us today to schedule a no-charge consultation to discuss your divorce concerns.