Orange County Ca Divorce
Orange County Ca divorce issues can be simple or quite complex. If you have no children and no assets, a divorce can be accomplished by filing the correct paperwork with the signatures of each party in the appropriate places. If you have assets whether it is real or personal property, all the community assets will have to be divided equally or in a fair and equitable manner. In an Orange County Ca divorce, any thing that was purchased during the marriage is considered community property. However, if a party owned property, accumulated income (such as a retirement fund or stocks) or owned a business before a marriage, the property could be considered separate property and is not usually divided equally in a divorce. Often the issues are not cut and dry. Legal arguments could be made on both sides. For example, if during the marriage you commingle assets, such as take out money from a separate account and buy property or assets during a marriage, then presumptively the property could be determined community assets. It is the job of your attorney to determine whether the property in a marriage is deemed community or separate property. Of course the Courts have the final say, but an Orange County Ca divorce attorney will sift through and argue the complicated issues for you. If you are unsure of the correct papers to file or the issues in your case are too confusing or if you just can’t mentally and emotional deal with a divorce, you need an attorney to figure it all out for you.
Support issues can also be difficult issues to resolve. Alimony or spousal support is usually one of the first issues to deal with in an Orange County Ca divorce situation. If there is a party who works and a party who did not work during a marriage, the party that does not work or have income needs financial support during and after a divorce. It does depend on whether the marriage was a long term marriage, usually more than 10 years, and the income of the party or parties who are employed. There are many factors that go into the decision of how much support a party gets from the other party. Economy plays an important part because it depends on who is making the most income in a marriage as to how much a party receives. Does the party who has a lower income have the ability to support oneself? In this economic hard times, it is not as easy to find a job as it was five (5) or even ten (10) years ago. Does the party who is requesting support have dependent children? How old are the children? Who is the primary caretaker of the children? Without getting into child support issues, spousal support issues in an Orange County Ca divorce case could get very difficult. If the parties cannot work out a settlement, the case will have to go to trial and the Judge will make the final decision.