California law allows for spousal support when one spouse has a financial need. The concept of support is to help provide for one spouse who may not have the means by which to provide for him or herself after the divorce.
If you want to request spousal support, you must prove you have a need. For example, you may show that you were a stay at home parent during the marriage for so long that you lack the education, training and skills to secure employment right away. Another situation that may require support is if you have serious health issues and cannot work.
When a Folsom judge makes spousal maintenance decisions, he or she also considers the standard of living during the marriage and what that standard may be for both parties after the marriage. If you have children, this comes into play because the court will want your children to have a similar standard of living at each home.
When negotiating your settlement, you will want to follow the general guidelines of the law, which your lawyer can explain to you. This will include ensuring that the support amount and terms are fair. It is essential to have proper legal guidance because the judge will have to sign off on your agreement and every aspect of it. If your spousal support portion is not in line with the law, the judge could reject it.
Child Custody and Visitation
When it comes to child custody, California law is very clear that it is always on the side of the children. If you end up litigating custody and visitation issues, the judge will not give much preference to what you want. Instead, he or she will focus on what is best for your children.
In reaching your settlement on these topics, you need to approach it in a way that will allow your children to have a meaningful relationship with both of you. Unless there are special circumstances, the ideal arrangement will provide equal or near equal time for the children to spend with each parent.
You must follow California laws when creating your parenting plan. Your attorney will explain the guidelines and assist you with figuring out how to shape a proper parenting plan that the court will accept.
Child support is the financial obligation of each parent to provide for the children. You and your spouse must both provide for your children in a manner that is comparable to your financial situations.
The court uses guidelines to determine the amount of child support. You should be familiar with them because the court can reject your agreement if it is completely different than what the guidelines recommend.
In general, you should compare your situation with that of your spouse. You want to provide a similar level of financial care in both households. You also need to consider custody arrangements and the amount of time the children spend with each of you as this affects how much you each spend on child care.
Determining child support can be complicated. Your lawyer will serve as a valuable asset during these discussions. Remember, the court has to approve whatever you decide, and the Folsom court always sides with the children, so it’s imperative to be careful with your support decisions.
We Boil It Down to Five Steps
Divorce does not have to be complex. It does not have to leave you feeling confused or wondering what happens next. We want to put you at ease, so we created a five-step process that lets you know what will happen throughout the process.
Not only does our five-step process let you always know what to expect, but it also allows us to create a plan with budget projections. The roadmap of the process looks like this:
- Step 1: File the case with the court
- Step 2: File mandatory 60-day financial disclosures
- Step 3: Set up temporary orders, if needed
- Step 4: Negotiate or go to trial
- Step 5: Put final judgments in place
We will provide specific budgets for each step so you have a clear financial plan in place. We also focus quite a bit on the second step because if we do the financial documents well, it can help lower your overall attorney costs and have a positive impact on the amount of property that you get in the end.
If you want to find out more about how our lawyer can provide you the care, attention and legal assistance you need for your Folsom divorce, please contact us. You can call 916-773-6100 or see our office address.