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Read more: California No Fault Divorce
California is a ‘no fault’ state and as such things like extramarital affairs or abandonment
are not of interest to the courts. The reason for a Divorce in California is simply ‘irreconcilable differences’. The court is interested in the issues of the divorce which are things like:
are not of interest to the courts. The reason for a Divorce in California is simply ‘irreconcilable differences’. The court is interested in the issues of the divorce which are things like:
1. division of assets and debts
2. spousal and/or child support
3. custody & visitation of children
2. spousal and/or child support
3. custody & visitation of children
A consultation with the attorney will determine your issues and your best options. Remember, you can get temporary orders for spousal support and/or child custody, visitation and support while the divorce is in progress.The parties can come to an agreement on their issues. If they do, the attorney can prepare a Marital Settlement Agreement that would avoid a court appearance. This is the best way to finalize a divorce. Your attorney will explain.
Married for over 20 years, 3 kids ages 20, 13 and 8. We own our home (still have a mortgage). Husband went to school and got Masters Degree during our marriage. Both of us work full time. Marriage destroyed due to extra-marital affair. We have agreed to sell our home. We are basically agreeing to everything. He will agree to child support and spousal support but I don’t know how much we (child support and spousal) are entitled to. We are heavily in debt. I can prove that all my debt has been for supporting my children, he has closed his accounts and transferred balances to avoid a paper trail. He only pays the mortgage which is 1,900/mo (includes property taxes and insurance) and buys big item food. I pay everything else (utilites, car insurance, etc). The children and I are covered by his medical insurance and my insurance covers all of us for dental and vision. We have three cars, my 20 year old drives his old truck (2000), I drive a 2004 Camry and he drives a 2014 Camry. We both have a retirement plan, but his is has much more (I have no idea how much). Our long term plan was that once he was to get his Masters, it would be my turn to return to school but he now has other plans. I am not out to get him or anything like this, but I feel that I gave so much and I just want what is fair.
Jackie:
It sounds like we could help with your divorce. In what city do you live? The 20 year old would not be a part of child support since he/she is an adult. In the divorce process both you and your spouse will need to fill out ‘income & expense’ as well as ‘assets & debts’ which is where you will learn what he has in his retirement fund. We would suggest a reasonable child support & spousal support award based on both incomes. We would also explain what you can expect from his retirement fund. Please call our offices @ 1-800-HELP-444 to discuss.
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