Newport Beach Divorce Attorney
Going through a divorce is a stressful process regardless of whether you and your soon-to-be ex-spouse have decided to work together to resolve all issues, or you will need to rely on the Family Law Courts to make certain decisions for you. Regardless of your ability to work together, divorces are complicated and require negotiation on both sides. The Goldberg Legal Group team can help you through this daunting divorce process from the beginning to when the California courts finalize your divorce. Contact us today for an initial consultation.
Contested vs. Uncontested Divorce in California
An uncontested divorce is where the couple can agree on all the critical issues of their divorce. This can be achieved in a few different ways, the most popular being mediation or collaboration. You and your spouse will work with a neutral, unbiased third-party mediator who will help you reach an agreement on every issue through the mediation process. Otherwise, you can opt for a collaborative divorce, where both parties will work with their divorce attorneys to reach agreements on all key issues.
We will be happy to discuss the pros and cons of mediation and collaborative divorces with you since deciding which option to choose depends on different factors.
If you and your spouse are unable or unwilling to work together to reach agreements on some or all issues, it is a contested divorce. In a contested divorce, you will rely on the courts and a judge’s final decision to determine how your assets will be divided, how custody will work, and many other matters.
Although navigating the intricate negotiations of an uncontested divorce can be overwhelming, a contested divorce also has many drawbacks. When you rely on the courts to rule on your divorce, you relinquish control over your assets and your life, making many people very uncomfortable. That is why it is so essential for you to work with an experienced Newport Beach divorce attorney from the Goldberg Legal Group. We will work with you on the specifics of your situation to determine your most appropriate course of action.
Critical Factors in a Divorce
Every dissolving marriage has a variety of unique circumstances that need to be addressed before the courts can approve the divorce. The following are some of the most common topics that must be decided.
Division of Assets, Debts, and Properties
If you and your spouse have accumulated community property, you will need to divide all eligible debts and assets appropriately before your divorce can be finalized. The first step in the division of assets is identifying what is considered community property and what is considered separate property.
How are assets divided?
The judge will take several factors into account when dividing property between divorcing spouses. They aim to achieve an equitable distribution, not the same as an even distribution. To reach their decision regarding your assets, they will look at factors like:
- How long your marriage lasted.
- What each party contributed to the marriage, whether this was bringing in money or supporting the other spouse’s career, or being the one who provided parenting and household duties.
- Each spouse’s ability to earn income in the future will be and their present economic circumstances.
- Whether there was any wrongful conduct by any spouse when they were married.
Sometimes, there are difficult issues regarding the division of property. If one spouse had an inheritance that they kept separately but used some of the money to deposit into their joint account, or if one spouse earned retirement benefits from a job they left before the marriage, different considerations must be evaluated when dividing the assets fairly. Your Newport Beach divorce attorney from the Goldberg Law Group will help you through these tense but important negotiations. Set up a consultation today to talk about your particular circumstances.
Custody and Time-Sharing
Child custody includes physical custody and the right to make legal decisions for the child. Custody is decided in the courts by considering the welfare of the children involved. Even if you and your spouse can reach an agreement without the court, a judge will need to review and approve your parenting plan. In addition to custody issues, you will also need to agree on when each parent will be able to see the child.
Among the issues that play a role in how child custody is determined, the court looks at:
- Each parent’s mental and physical abilities to take care of the children.
- The child’s ties to each parent.
- How to preserve the life the children have known up to this point as much as possible, including their schooling, activities, religious affiliation, friends, extended family, and medical care.
- The health and age of each child.
- Whether there was a history of substance abuse or domestic violence.
These and many other factors will play a role in how the child’s custody is structured. Let your Newport Beach divorce attorney guide and advise you so that you can get the agreement you are hoping for.
In addition to custody, you will have to decide how each parent will contribute financially to the life of the children. Typically, the parent with the higher income will pay support to the other parent, but the final determination depends on several factors, including who has physical custody, the income of each parent, and more.
Alimony is a form of financial support for the spouse who was financially dependent in the marriage to adjust to the change in their financial circumstances as they move forward with their lives. It is increasingly common for marriages to have prenuptial agreements in place, but even in those cases, a judge will need to review and approve any agreements.
Divorce Attorneys in Newport Beach, CA
With years of experience and hundreds of cases under our belts, the attorneys at The Goldberg Legal Group assist clients in the Newport Beach area with all of their family law needs. Call today to schedule an initial consultation.