Division of Property in a Divorce

One of the most pressing issues that parties in a divorce will need to make a decision about is how property will be divided between the couple. In many cases, couples maintain an amicable enough relationship throughout the divorce process that they are able to reach a property division agreement on their own, through mediation or negotiation, without the intervention of the court. When an out of court agreement cannot be reached, however, the court will issue a property decision based on California law. Keep in mind that California is a community property state, which means that all property and debts are owned by both spouses, and must be divided equitably at the termination of the marriage as such.

Child Custody and Child Support

Typically, even more emotional than how property will be divided is coming to an agreement about where a child will live. Both parents may want the have full custody of the child, or may be in disagreement about how much time a child should spend with the other parent, how holidays and weekends will be split, where the child will spend summer break, and the like.

Just like a division of property arrangement, parents can--and are encouraged to--reach a child custody agreement out of court. Parents may agree to share or split the legal or physical custody of a child depending upon the circumstances.

When parents cannot reach an agreement about child custody, the court will be responsible for deciding each parent’s custody and visitation rights. When making this decision, the court must consider the best interests of the child. In order to determine the child’s best interests, the court will consider:

• The child’s age;
• The child’s health;
• The relationship that the child maintains with each parent;
• The physical and mental abilities to provide for the child of each parent;
• Whether or not domestic violence or substance abuse has occurred; and
• The child’s relationship with their home, their school, and their community.

The parent who does not have physical custody of the child will be obligated to make a child support payment. Child support is based on California child support guidelines.

Other Important Issues in Divorce

How property will be divided and with whom a child will spend their time may be two of the most pressing issues in a divorce, but they are by no means the only important things that a divorcing couple must face. Other important issues that our law firm can help you to understand and resolve include:

• Spousal support. A court may order one party in a divorce to make spousal support payments to the other when one party is financially dependent.
• Pre- and postmarital agreement enforcement. If you and your spouse have a pre- or postmarital agreement, our law firm can help to ensure that the terms of the agreement are adhered to at the time of your marriage’s dissolution. We can help to prove that the agreement is valid and enforceable as such.
• Establishing paternity. Before a father can seek custody of a child, or before a mother can demand child support payments from a father, paternity must be established. If you have not already established paternity, our law firm can guide you through the process of doing so.
• Post-divorce modification. Sometimes, a judgment in a divorce, such as how much you’re paying or receiving in alimony, needs to be modified. If you need to modify a divorce judgment, contact our law firm today.

Contact Our Experienced Playa Vista Divorce Lawyer Today

At the Law Offices of Evan Braunstein, we care about you. Our talented Playa Vista divorce attorney can help you to file for divorce, and reach a resolution regarding issues in your divorce. We work on on a fixed fee basis, which allows us to help you within the parameters of a reasonable payment structure. We work efficiently, and always prioritize professionalism.

The Playa Vista office is located at 12575 Beatrice Street, Suite D, Los Angeles, CA 90066