If you are anticipating the possibility of a divorce or are currently going through a divorce, it is important to reach out to a San Diego family law attorney who can help you understand your rights and advise you on what to expect. Attorney Roseline D. Feral is familiar with the complicated issues that may arise in these circumstances. She can assist people in many areas of Southern California who need a divorce attorney to protect their interests and ensure that they build a strong future.Guidance in Family Law Matters
Family law is a wide-ranging area of the law that encompasses all of the issues related to a divorce or legal separation. Many of these concern child custody, child support, spousal support, and the division of property and assets between the former spouses.
Making the decision to pursue a divorce is never easy. California is a “no fault” state, meaning that a spouse who wants a divorce only needs to show that “irreconcilable differences” have arisen between the spouses to the extent that the marriage is broken beyond the point of repair. Unlike other states, California does not require spouses to get a legal separation prior to filing for a divorce. The individual who files for the divorce is known as the “petitioner,” while the other spouse is known as the “respondent.”
Perhaps the most emotionally charged aspect of a divorce is child custody and visitation. All custody and visitation determinations are made based on what the court determines to be in the best interest of the child. This is a relatively vague standard, and the court has discretion to examine many relevant factors. For example, a court may take into account the child’s relationship to each parent, their current school situation, their ability to thrive in each parent’s community, the willingness of each parent to cooperate with the other parent, and in some cases the child’s own preferences. Generally, the presumption in California is that frequent and ongoing contact with both parents is in the best interest of the child. Joint custody therefore is relatively common unless a parent has a history of domestic violence, substance abuse, or other issues that might adversely affect their ability to care for the child.
Another important aspect of a divorce is property division. California is a community property state, which means that any assets acquired over the course of the marriage are divided an even 50/50 at the end of the marriage. This does not necessarily mean that each individual item or bank account will be split in half. Instead, each spouse is entitled to have half of the value of the overall marital assets. It is possible that certain assets may be awarded to one spouse in their entirety as long as the other spouse receives assets of equal value. Disputes often arise over whether property is marital or separate. Separate property comprises any assets that a spouse owned prior to getting married or that they received as a gift or inheritance. Separate property is not divided at the time of the divorce, since it belongs solely to one spouse.Consult a Family Law Attorney in the San Diego Area
If you are going through a divorce or facing any other family law issue, it is important to consult a San Diego family law lawyer. Roseline D. Feral can explore the complexities of your situation and craft a legal strategy to account for your personal needs. She also represents people in Chula Vista, Coronado, Del Mar, Carlsbad, Encinitas, La Jolla, Oceanside, Escondido, Ramona, Rancho Santa Fe, San Marcos, Valley Center, Vista, and other Southern California communities. You can contact us online or call our office at 619-232-1010 to set up a free consultation if you need a child custody attorney or assistance with any other family law matter. Alternatively, you may reach Attorney Feral directly at 619-301-1191.