Sacramento Family Law Blog

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.

Divorce is complex, especially for two people who have children and who want to remain committed to their well-being. You and your spouse may resolve to work together to provide your kids with a stable and secure future, but this is not always as easy as it may sound. This requires both of you to have a willingness to work together and keep the needs of the kids as the main priority. 

One way that you can do this is by crafting a unique and thorough parenting plan. This is an agreement that will outline how you and the other California parent will work together, share parenting time and raise your kids to the best of your abilities. In order for this to work well long-term, you may have to set aside your own personal feelings and keep your focus on what is best for the kids.

Child custody is one of the most complex issues in California family law. When there is a divorce and the parents are trying to get as much time with the children as possible, it can be made even more difficult if a parent decides to move away and relocate. This can impact visitation and more. It is a fundamental requirement to understand what the law says about parental relocation following a divorce.

A parent with sole physical custody has the right to move away without the other parent's permission. The other parent must show that the move would be detrimental to the child. However, the duration of the move is critical. Whether it is temporary or permanent will affect the case. For parents who have a joint physical custody agreement, a parent who objects to the move has more of a right to do so and prevent it. The parent who wants to move must prove that the move will be in the child's best interests. Parenting schedules are a critical factor in how the court will assess the case.

Californians might be under the impression that a divorce stems from a slow and incrementally worsening series of issues that culminates in the decision to part ways. In many cases, that is true. Sometimes, however, being served divorce papers comes as something of a shock. Regardless, most situations have one spouse filing a petition on the other. The spouse who receives the petition and a summons is the respondent. It is important to understand that there are several alternatives after being served. To handle the case in the manner best suited to the individual, legal advice is key.

The petition specifies what the petitioner wants. In the summons, there will be information as to the respondent's rights and how the process of divorce works. There are standard facts like what can be done with assets, property and other items. The petitioner and the respondent are prohibited from moving out of California with children from the union or from seeking a new passport or renewing an existing one without first receiving consent.