PALM SPRINGS DIVORCE LAWYER
At the Law Offices of Joseph Torri, we aim to position our clients for moving on with their lives after the divorce judgment. We know an important role of a divorce attorney is to educate the client. Joseph Torri carefully informs his clients about their options and the possible consequences of their decisions.
WHAT TO CONTEMPLATE WHEN FACING DIVORCE
There are many simple divorces when the parties know what they want and agree to settle their legal issues. However, there are many complex divorce cases. Even if your divorce is not complex and the assets are not substantial, questions may arise about community property division, child custody and visitation, child support, domestic violence and spousal support. California does not use the term alimony for spousal support. Complex divorces include these legal issues along with determining the date of separation, valuation and characterization of many assets, breach of fiduciary duties, hidden assets, substance abuse, special needs children and other critical legal issues.
Divorce is one area of family law where just about any spouse needs a family law attorney for representation. Nobody goes into a marriage wanting to get divorced, but circumstances may arise leaving one spouse feeling like he or she has no choice except to file for dissolution of marriage if they want to change their lives for the better. Making the lives of one's children better is a choice that some parents have to make. Consulting with a Palm Springs Divorce Attorney can help you determine if filing for divorce is the right option for your family.
CALIFORNIA IS A NO-FAULT DIVORCE STATE
Several decades ago spouses had to prove the grounds for divorce or fault. Adultery, being treated cruelly or abandonment were some of the grounds for fault. People used to lie or make up reasons to get divorced until California and other states passed no-fault divorce laws. Most spouses today only have to state irreconcilable differences in order to obtain a divorce in California. Therefore, it is irrelevant if one spouse had an affair. Unless there was a valid prenuptial agreement, the community property laws of California will divide community property of a marriage evenly even if one spouse cheated during the union.
Since California is a no-fault divorce state, your spouse can not prevent you from getting divorced. However, the process can take a long time if your spouse challenges every aspect of the case. Determining child custody and visitation issues can certainly slow down the process especially if the court needs to hear additional legal issues, such as dividing community property and debt. Requesting spousal support (alimony) and child support can certain lead to epic court battles if one parent decides to take unreasonable steps.
Since spouses tend to separate well in advance of filing for divorce, and they should plan to determine separate housing arrangements and this could affect the children's school district and other issues. Figuring out how the children will get to school and daycare issues are some of the aspects of a dissolution of marriage that a Palm Springs family law attorney can help them decide.
CALIFORNIA COMMUNITY PROPERTY
The existence of a valid premarital agreement can alter the distribution of property at the time of divorce. However, many people enter marriages without signing a prenuptial agreement. Also, even if a couple signs a premarital agreement, that prenuptial agreement may be challenged at the time of divorce if certain requirements were not met at the time of drafting it.
Spouses have rights with regard to property that was acquired during the marriage. Property that was acquired during the marriage is presumed to be community property. Determining whether property is community or separate is something that Palm Springs divorce lawyer Joseph Torri can help you ascertain. Important community property assets include the home, retirement accounts, stocks or securities, boats and vehicles. Some litigants fight over silverware, but this can be an expensive and unreasonable approach that many family law attorneys will discourage their clients from doing. Focusing on substantial assets is critical, but some items may be sentimental. Each case is unique and we can help you reach a settlement or obtain a fair outcome at trial. Clients should also be aware of community debts that they are responsible for. If you put that family trip to Hawaii on a credit card, anticipate being responsible for half of that debt.
PALM SPRINGS CHILD CUSTODY ATTORNEY
The care, custody and control of the children are generally the most hotly contested issues during a divorce or paternity case. Parents need to decide where, when and with whom the children will be residing. There is a general goal to equally share the parenting time, but there are so many circumstances that need to be analyzed during a child custody and visitation battle that legal representation is critical, especially from the beginning of the parents' separation. Circumstances arise where equal timeshare is inappropriate or supervised visitation is required.
PALM SPRINGS CHILD SUPPORT ATTORNEY
The family law court has the ability to order a parent to pay child support to the other parent. The parent who has the children less and earns more money will generally pay the other parent child support. Even if there is a “50/50” timeshare of the children, one parent can still pay child support to the other parent if that paying parent earns more money than the other parent. Some parents are under the false belief that they can move for sole physical custody to avoid paying child support since there must be facts justifying awarding sole physical custody to one parent. Simply fighting for sole custody without justifiable facts will be an unsuccessful and expensive battle for the parent seeking sole legal and sole physical custody. Hiring Palm Springs child support attorney Joseph Torri can help parents navigate the court system to ensure a fair outcome or at least an outcome that complies with the law even if it is not necessarily fair in the eyes of either parent.
The Larson Justice Center in Indio is the family law courthouse with jurisdiction to hear all of these Coachella Valley family law issues. It is possible for another courthouse to have jurisdiction of the case if facts arise justifying jurisdiction outside of Indio, but taking timely action to file when jurisdiction still exists in Indio is generally the wise decision. Your Indio divorce attorney can help you understand the jurisdictional issues for a divorce or paternity case. Paternity cases are not divorce cases. Paternity cases establish a parental relationship and child custody and visitation orders when the parents were not married.
If you are seeking legal representation for your divorce or paternity case, contact an experienced Palm Springs divorce attorney at the Law Offices of Joseph Torri for your initial consultation today. You may call us at (866) 630-5757 or send a request through the website.