Sacramento Family Law Blog

Complexities can arise in any California divorce. With spousal support, there are numerous factors that will be considered, such as: whether the support should be paid; how long it will last; and how much the payments will be. Both the paying spouse and the receiving spouse should be cognizant of the steps of the process. Part of that might be having a vocational training counselor provide an assessment.

If the court orders a counselor to assess a case, they will conduct an analysis of whether the party can obtain employment to support themselves. This could include gauging the person's skills, work history, age, education, health situation and the job market. The goal is to see if the person can support themselves before a decision is made on spousal support.

When many California couples get married, they sign a premarital agreement. This is designed to protect a person who might have more resources than the other or owns a business. It can also be used as a means for both sides to be shielded in case the marriage fails. Often, people think that a premarital agreement is limited to those who have significant assets, but that is not always true.

Regardless of the situation and reason for it, it is important to understand when the agreement might be held unenforceable. The premarital agreement will be unenforceable if it was not agreed to voluntarily. It will also be unenforceable if it is deemed unconscionable. For a premarital agreement to be deemed unconscionable, the person who signed it must not have been given a fair, full and reasonable disclosure of the other person's property and debts.

In California, child custody is often the basis of the most longstanding disputes in a family law proceeding. Divorce is difficult in and of itself, but, when there are children involved, it becomes even more complex. Not only can battling over a child lead to acrimony between the parties, it can frequently have a negative impact on the child. The key to a child custody case from the court's perspective is to serve the child's best interests. Parents should consider their alternatives regarding child custody and have legal assistance from the start.

Parents can have two types of custody: legal and physical. Legal custody involves the ability to make key decisions in the upbringing of the child. This includes their welfare, medical care, education and more. Physical custody means where the child will live.

Disagreements over a multitude of issues will inevitably arise in a California divorce. This is true whether it is a high-asset divorce or one of more moderate means. With support issues - including child and spousal support - people have a basic understanding that one spouse will likely pay support to the other, but they may be unsure of how certain factors are considered.

Children must be cared for with their best interests in mind, but with spousal support, there is greater nuance. Understanding how the spouses can handle the support order while maintaining a standard of living is a key part of the determination. When the case is moving forward, the parties should know what earning capacity and standard of living mean and how each can impact the support order.