California Divorce Tips
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California divorce tips relate to statute that is unique to California. To file for a divorce case, married partners must meet the essential requirements specific to California residency, divorce procedure, child support and custody, finance and alimony, etc. Divorce is a stressful process that affects the individuals' life in a number of ways. Sometimes it becomes impossible to cope up with the post-divorce consequences. You should make choices carefully so that the long-term results are acceptable, if not satisfactory. We have prepared a long list of divorce tips following which you can avoid key mistakes in legal proceedings and expect a good future.
Before going to the particular and in-detailed divorce tips, it will be better to brush-up common tips, which divorcing partners tend to forget, often. No matter wherever you are or whoever you are, you need to know these guidelines which form the basics of divorce. Hiring the services of a professional lawyer, managing your debt, making savings, arranging for all personal particulars and documents, fighting for rights(in California a divorced partner is entitled to 50% of all assets), etc. are some common advices that one need to keep in mind. Other tips are:
- One should take care of the house maintenance from the joint savings before the divorce is finally done.
- When you are fighting your divorce case in California, you must remember the benefits of prenuptial agreements that are governed by California's Uniform Premarital Agreement Act.
- Once it is decided that you will get a share of your spouse's pension or retirement account, make your papers ready without waiting for the money to get transferred.
Some useful California Divorce Tips
- The divorcing parties can specify a child support amount subject to approval from the court and when it is not prohibited by applicable federal law. The outlook of the court is that it does not approve a stipulated agreement for child support, where the amount is less than the guideline formula amount, except when the divorcing parties disclose the following information:
- The requirements of the child can be adequately met by the stipulated amount.
- The agreement is as per the best interests of the children involved.
- Both the divorcing parties agree to the agreement in the absence of any duress or coercion.
- The parties are completely informed about the rights pertaining to child support.
- The court might order the below mentioned issues as additional child support:
- Travel expenses for visitation
- Expenditure pertaining to educational or special requirements of the children
- The following issues shall be ordered by the court as additional child support:
- The reasonable uninsured health care costs for the children as per Section 4063
- Child care expenses like training for employment skills or reasonably essential education or employment
- The amount of child support can be established by a formula furnished in Section 4055 subdivision (a).
- If any divorcing party makes a request to the court, this court can give in written form or on the record, the below mentioned data:
- Each parent's net monthly disposable income
- The actual federal income tax filing status of both the parents
- The deductions from gross income for each parent
- The approximate percentage of time as per Section 4055 subdivision (b) paragraph (1) for which every parent has primary physical responsibility of the children.
- Consider that the court has issued orders about an amount for support that is different from the statewide uniform guideline formula. In this case, for compliance with the Federal Law, the court shall mention on the record or in writing the below mentioned information:
- The reasons as to how the support amount that has been ordered is in the best interests of the children.
- The reasons as to why the support amount that has been ordered is different from the guideline formula amount.
- If the guideline formula was adhered to, what amount of support would have been ordered.
- Alimony forms an important focus while considering California divorce tips. The basic principle of awarding alimony is that the divorced partners should not experience the economic pain due to the divorce if the partner did not work during the marital life.
- In most of the cases, spousal support is computed considering the economical condition, emotional state, physical condition and age of the partner who makes a request for the support.
- Consider that one spouse has been awarded alimony in a divorce settlement and the other spouse has not disbursed the amount. In such a case, the family attorney or the divorce lawyer can file a motion in the court to ascertain that the spouse receives the deserved money.
The importance of California divorce tips is paramount as these can make your divorce hassle-free and ensure happiness. Get off on the right foot with these guidelines.