Roseville Family Law Blog

One of the most difficult issues in any divorce in California is whether one ex-spouse will be ordered to pay alimony to the other ex-spouse. The answers to these questions can affect the life of each ex-spouse for many years, and understanding the factors that the court must consider in awarding spousal support will help both parties present their cases arguing for more or less alimony.

The court must first evaluate the earning capacity of each spouse during the marriage. The court must then examine the likely earning capacity of each spouse after the divorce. If the ex-spouses are likely to have substantially differing post-marriage earning capacities, alimony will be used to equalize the two situations. The court will evaluate the marketable skills of the spouse getting support and the job market for those skills. The court will also determine whether the spouse receiving support will need further education or training to find employment.

The thought of dividing your assets in a divorce may be stressful. However, it is crucial to remember that you must divide your joint debts too. Splitting up your debt can be a complex process, so it is important to make decisions carefully. 

If you are not careful, you may end up with an unfair amount of debt. Here are some tips for making it through the debt division process.

Many couples in Sacramento who are going through a divorce attempt to divide their property without consulting a lawyer, an accountant or a financial planner. Such efforts can resolve a number of major issues in the divorce without the interference of the courts or opposing attorneys. The do-it-yourself property division process, however, has a number of pitfalls for the unwary.

First, anyone attempting to negotiate a property settlement with their soon-to-be former spouse must understand the mechanics of California's community property law. Any property acquired during the marriage is deemed to be community property and must be divided equally. Any property that was owned by one spouse prior to the marriage is personal property and need not be divided.

Child custody and visitation can be two of the most contentious issues in a divorce in California. Many people in Sacramento who are contemplating a divorce regard child custody and visitation as the most difficult questions that must be resolved in a divorce, but sometimes, the circumstances of the parents may prevent a complete resolution regardless of the terms of the court's order for visitation. In such cases, the parties may wish to consider supervised visitation.

Supervised visitation means that a neutral third-party must be present when a child meets with the non-custodial parent. Previous domestic violence in the household is one of the principal justifications for supervised visitation. Other reasons a court may order supervised visitation include re-introducing a parent and child after a long absence, introducing a parent and child when they have had no prior relationship, the existence of parenting concerns, including mental illness, or the threat of abduction.