We’ve seen it in movies and TV shows. Some of us have had the misfortune of living it– that moment where the blowout fight finally reaches its climax and someone shouts through tears, “I want a divorce!”
It’s always quite dramatic when portrayed by the entertainment industry, but divorce is often a sensible, viable solution for couples who cannot overcome their irreconcilable differences.
Beyond saying it out loud though, what do we really know about divorces? What is required to initiate them and how do proceedings, well, proceed?
Vonnah Bagner of Bagner Law, PC provides answers to some of the most common and important questions about divorces.
How Do You Initiate a Divorce?
Many of us plant the seed by dropping the “D word” at the end of an argument or serious discussion, but your divorce is not officially underway until you file a petition for divorce with the county where you live.
Once you file, papers will be served to your spouse, either by you or a process server, and proceedings will officially begin.
What Are Grounds for Divorce?
Grounds for divorce will vary depending on the state in which you reside, but they can be as serious as adultery, cruelty, or abandonment or as simple as “irreconcilable differences.”
In some states, including California, a divorce may be granted on a “no-fault” basis, which allows for the dissolution of the marriage on the grounds that it is beyond repair.
How is Property Divided During a Divorce?
How property is divided will vary depending on your state. Some states are referred to as “equitable distribution” states, but California is categorized as a “community property” state, which states that any property acquired during the marriage is considered “community property” and is subject to equal division between the spouses.
Separate property acquired before the marriage, or after the date of separation, is generally not subject to division, but the specifics may vary depending on your divorce.
How is Child Custody Determined During a Divorce?
In California, there are two types of custody– legal custody and physical custody.
Legal custody allows the custodial parent to make important decisions regarding the child’s life, while physical custody refers to the child’s actual living arrangement. Depending on the circumstances of the divorce, sole custody to one parent or joint custody may be awarded.
The court considers many factors when making a custody determination, including the child’s age, health, and relationship with each parent. Ultimately, they want to make a ruling that is in the best interest of the child or children.
How Do You Protect Your Own Best Interests During a Divorce?
The best way to protect what’s rightfully yours, and what’s fair, is by hiring qualified representation. Bagner Law, PC is the premier family law firm of the East Bay area. Hiring them will ensure you receive the best outcome possible for your divorce.
Don’t accept less than what you deserve; hire Bagner Law, PC and make sure you get what you and your family deserve!
