San Diego Divorce Lawyer -- Family Law Attorney
Michael Rehm - (619) 787-3456
We hope that married couples will live “happily ever after,” but times of economic stress can strain even the best marriages. Financial problems and infidelity are the two most common reasons that marriages break up.
A San Diego spouse who faces an unmarried future is often concerned about the financial impact of a divorce. Parents also worry about protecting their relationships with their children. San Diego Divorce Lawyer Michael Rhem can help divorcing spouses address their concerns as they transition to a new phase of life.
Financial Impact of a San Diego Divorce
As a general rule, people who divorce in California are entitled to all the property they acquired before the marriage or after they separated, and half the property that both spouses acquired during the marriage. That rule seems simple, but classifying assets as “community property” and valuing those assets can be complex.
For example, property acquired before marriage can become community property if it is commingled with property acquired during the marriage. Some part of separate property that increases in value during a marriage can also be considered community property.
Spouses can change these rules by entering into a prenuptial agreement, but any agreement will be scrutinized by a court to assure that it complies with California law. San Diego Divorce Attorney Michael Rehm can assure that all of a divorcing spouse's rights are protected.
Spousal and partner support, formerly known as alimony, is also available to divorcing spouses who need it. As a general rule, spouses in longer marriages who sacrificed careers to raise children so that the other spouse could work are in the best position to obtain spousal support.
Child Custody in a San Diego Divorce
Child support is determined by a formula that considers the income earned by each spouse and where the children will be living. Child living arrangements are governed by decisions made about physical custody. Legal custody, on the other hand, determines who will make decisions about the child's education, elective medical care, and other important matters that affect the child's life.
When parents can be civil to each other, they might want joint legal custody. That lets them make important decisions about their children together.
Joint physical custody is ideal when it is practical for children to spend roughly equal time with each parent. When parents live some distance from each other, the need for children to attend school might make joint physical custody impractical. Every custody arrangement should nevertheless give each parent as much time with their children as is practical under the circumstances.
When parents are reasonable, they can negotiate a custody arrangement that benefits each parent and their children. Sometimes a neutral mediator can help parents resolve their differences.
When one parent is unreasonable or has a history of violence or abuse, the other parent may need a strong advocate to assure the children's safety. San Diego Family Law Attorney Michael Rehm will always work with a parent to assure that his or her rights and the best interests of the children are protected.
For more information, call San Diego Divorce Attorney Michael Rehm at (619) 787-3456 to find out how the law applies to your matter.
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