5 Things Your California Divorce Attorney Needs to Know

Suppose you are considering getting a divorce in Sacramento, California (or you have been served with divorce papers). In that case, it’s in your best interests to speak with respected Sacramento divorce lawyers.

No two divorces are the same because there are too many variables involved. You need a division of assets, property and debts. You must settle child custody and spousal support matters, and much more.

California Divorce Attorney

Please keep in mind that a lawyer can only work with what you provide. You must provide accurate information about several issues before the lawyer agrees to work with you. That’s why you must prepare beforehand and be ready to address the five primary issues given below;

1. Prenup or Postnup Agreement

You must inform your lawyer if you have a prenuptial or postnuptial agreement.

  • Prenup: an agreement negotiated and signed before marriage.
  • Postnup: an agreement negotiated and signed after marriage.

These marital agreements dictate how the income, property, and debts are divided during a divorce. Both pre and postnuptial agreements are legal and completely enforceable.

Bring a copy of the agreement when you consult a divorce lawyer. Additionally, inform your lawyer beforehand if you have concerns over the validity of the agreement.

2. Reasons for Seeking a Divorce

The majority of the states allow both fault and no-fault divorces.

  • Fault Divorce: you need to show that your spouse is at fault for ending your marriage. The reason could be abuse, abandonment, physical, adultery or mental impairment, etc.
  • No-Fault Divorce: you need not prove that your spouse is at fault for ending your marriage. You need only acknowledge the fact that you can no longer get along with each other bound in matrimony.

California allows you to divorce your spouse on a no-fault basis. You need not provide a specific reason other than “irreconcilable differences” to court. However, you must tell your lawyer so they can better protect you. You can trust your lawyer, even if it is sensitive information.

3. Presence of Children

Suppose you have children with your spouse. In that case, you must handle specific issues, like child support and custody, during the divorce proceedings. Issues relevant to children can create many complications in a divorce. Be sure to inform your lawyer of all pertinent information.

4. Combined Property and Debt

When you get a divorce and have no prenup or postnup, the marital property(-ies) and debt are divided among spouses. This division of finances can become very complicated.

Your lawyer must know the details of all assets and debts to represent you best. When you go in for a consultation, please take all real estate documents, vehicle ownership, family heirlooms, combined business venture, etc.

Nine states, including California, distribute marital property based on community property rules. It means that the property is divided between both spouses equally. Your lawyer may help you determine which assets are to be divided in a divorce and which are to be considered separate from any legal battle.

5. Spousal Support

Alimony is paid to the less affluent spouse to help them achieve financial independence. It is meant to acknowledge a spouse’s contribution to the marriage. It can either be paid in one lump-sum amount or regularly. Spousal support is another complex issue that requires careful handling.

Therefore, you must inform your lawyer if you plan to seek it or not. They can guide you on how best to achieve your objective.

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