Philosopher Friedrich Nietzsche once said that “In family life, love is the oil that eases friction, the cement that binds closer together, and the music that brings harmony.” Unfortunately, not all families are harmonious. Married couples often get divorced and fight over who will get the assets to assume the debts and get custody of the children. Siblings squabble over wills and heirlooms. Domestic abuse is all too common a problem for people who live together. Although it may seem rather cold, sometimes a person needs an attorney to handle a situation with a family member.
A family lawyer can act as an objective third party to a couple that is separating. They can make sure each person involved in a divorce gets what they need to move on with their life. It is always a good idea to hire an attorney in cases of divorce, child custody and domestic abuse.
Hiring an Attorney for a Divorce
You should know that in order to file for divorce in California, at least one person must have lived in the state for six months or longer. It will take at least six months from the time of filing for that divorce to be finalized. Even if a split is amicable, there are discrepancies that may arise during that time. A lawyer can help you make a plan and organize your assets and liabilities so that everything goes smoothly.
A trained attorney will have filled out the necessary paperwork for a divorce many times. Although most divorces in California are uncontested, things such as infidelity, domestic violence, and substance abuse problems may play a part in the distribution of assets. If one person in a marriage spent mutual money on drugs or alcohol, they may owe that amount of money to their ex-partner in a divorce. If they invested mutual assets in the stock market without telling their spouse, they may have to reimburse their spouse after the divorce.
California is a community property state, which means all assets and debts acquired during the marriage should be divided equally. Any property owned or debt accrued before the marriage should go back to the individual parties. However, sometimes assets and liabilities can get mixed together during a marriage. If one person’s name was added to a property deed or line of credit, a lawyer can help you figure out who owns and owes what.
Child Custody and Support
Figuring out who will be the primary parent, what support will be paid and visitation privileges of the non-primary parent can be one of the messiest things about divorce. California courts will not only look at what a parent earns, but also at their earning potential. It is always important to have a trained legal professional by your side when dealing with this important issue.
Domestic Violence
If you are the victim of domestic violence, a family lawyer can help you with such things as obtaining a restraining order and finding emergency housing. An attorney will be familiar enough with the court system to know what arguments to use to keep you safe.
Lindsey Law Office can help you with all of your family law needs. Divorce is never easy, but with a little help, it can be the start of a better life.
Authoritative Sources:
https://www.investopedia.com/personal-finance/which-states-are-community-property-states/
