Tuesday, September 4, 2012

Divorce in Alameda County California

Divorce is never easy. The longer a couple is married, whether they accumulate assets and if they have children together makes it that much harder. Individuals seeking divorce in Alameda County, California need to understand what occurs to avoid some of the pitfalls that can extend this painful process and add to its cost.

  • Prenuptial Agreement: This contract determines what will happen with assets should divorce occur. It is one of the simplest ways of dividing assets and makes for an easy dissolution. It can be as simple as taking back whatever one entered the relationship with. Some stipulations are made so that one party receives compensation based on the number of years devoted to the marriage. Other stipulations include compensation based on why or who decided to end the relationship. The adjustments in this sort of agreement are endless.

  • Assets: Not everyone entering marriage has a premarital arrangement. In that case, dividing property is a little more complicated. The couple can sit down and work out an agreement. It is best to hire an attorney to ensure the division is fair. In cases, where couples are unable to come to an understanding, the judge may order the assets be sold and the proceeds split amongst both parties.

  • Alimony: In the past, it was generally the wife that received alimony or spousal support, after divorce. Now, it can be either spouse and is usually based on income and role in the relationship. Someone who did not work or earn a living wage during the course of the marriage, is often determined to be eligible for spousal support, whether male or female. It can be a lifetime allocation, but today, judges are more likely to put a set date on alimony for divorce in Alameda County and elsewhere.

  • Custody: Custody constitutes one of the most contentious parts of a divorce in Alameda County. When both parents agree upon a 50/50 split, the children spend six months at a time with either parent. They attend school from whichever parent has custody at that moment. This is not a common arrangement and in most cases, children live with one parent for the majority of time and visit the non-custodial parent on weekends and for holidays and summer vacation.

  • Child Support: Just because parents decide they no longer desire marriage does not mean the children need to suffer financially. Parents are expected to care for the children in the same manner as pre-divorce and child support provides the money to do so. Child support is usually paid to the parent with primary custody and is for the use of children only. It covers basic necessities, as well as medical, dental and extracurricular activities. A judge goes over the finances of the person responsible for support to determine what portion of his or her salary goes toward this monthly payment. Those in violation of this agreement are breaking the law.

Divorce in Alameda County, California need not be any more difficult than necessary. Hire an attorney to preserve parental rights and ensure fairness and civility. Enter the process with full knowledge of your rights.

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