what are the issues involved in a separation and divorce?

WHAT ARE THE ISSUES INVOLVED IN A SEPARATION

AND DIVORCE?

Terence Daniel Doyle, Esq.

The Specific Issues that Must Be Decided in Each Individual Divorce are Going to

Vary Somewhat Depending Upon the Couple

What are the Issues Involved in a Separation and Divorce? Doyle Quane Family Law Group 2

A standard formula is used to determine the support to which a child is

entitled after a divorce. The formula considers the income of each parent,

the number of children and the special needs of the child(ren).

Marriage joins two individuals together in the eyes of the law. The couple has shared

legal obligations and each spouse has a shared right to marital property and assets

acquired during the course of the marriage. If the two spouses subsequently decide

they no longer wish to be married, then they must go through the process of

dissolving the marriage. This process is like the dissolution of any other legal and

financial partnership, except with much more emotion and often much more at stake.

Shared assets must be distributed and decisions must be made on what will happen

to children after the marriage is over.

The specific issues that must be decided in each individual divorce are going to vary

somewhat depending upon the couple. Some individuals may have significant assets,

for example, and their divorce will present complicated financial situations. In other

cases, both spouses may be solely focused on child custody and the money issues

may not matter as much. In every divorce, however, the outcome of the separation

and divorce settlement will have a profound impact on the future of each spouse as

they move on with their lives. This is why it is so important for both individual spouses

to have their own attorneys to represent their interests, advise them of their rights

and stand up for them during divorce negotiations or litigation.

THE ISSUES INVOLVED IN SEPARATION AND DIVORCE

Although every divorce is different in personal and important ways, the issues that are

generally important when a marriage is dissolved include:


Division of marital assets

Division of marital debts

Child custody

Child support

Spousal support

A couple may negotiate and come to an agreement on each of these issues outside of

court. Attorneys can provide assistance with the negotiation process by bringing an

understanding of the laws to the table and providing client with advice on what a

likely settlement would be if the case went to court. In some cases, a divorcing couple

may also have a mediator assist with divorce negotiations in order to better

communicate and compromise.

If a couple is unable to agree, a litigated divorce will become necessary. Each spouse

will present information to a judge on the relevant issues from the divorce and the

judge will apply the law to determine the outcome of the litigation.

DIVISION OF MARITAL ASSETS

California is a community property

state. As a result, property acquired

during the course of the marriage

belongs to both of the spouses and

each spouse is entitled to receive a ½ share of marital property. Property that was


brought into the marriage and not co-mingled remains separate and will go back to

whomever brought the assets into the marriage. Certain other property and assets,

such as an inheritance during the marriage and left to only one spouse, is also

considered separate and not divided up.

When property is divided, one spouse may be given assets of greater value while the

other takes more money. This is just one of many arrangements that the court and

the couple may deem appropriate. The couple will also need to determine if the

family home should be sold, if one spouse should buy the other out, or if one spouse

should receive the home and the other a greater percentage of shared assets.

DIVISION OF MARITAL DEBTS

Debts also belong to the community if acquired during marriage and will thus be

divided 50-50 regardless of which spouse actually borrowed. There are certain limited

exceptions, such as if one

spouse ran up a significant

amount of debt in anticipation of

the divorce. It is beneficial for

debts to be refinanced into the

name of the spouse responsible

for paying, as creditors may still

hold both spouses accountable

otherwise regardless of what the divorce decree declares. It may also be desirable to

pay off as many debts as possible from marital assets at the time of divorce to avoid


the need for refinancing or the potential for problems with nonpayment at a

subsequent date.

CHILD CUSTODY

Child custody is determined based on the best interests of the child or children. Many

factors are considered including who the child’s primary caregiver has been and who

can provide a more stable home environment. It is always best if parents can create

an out-of-court parenting plan and custody arrangement but a judge will decide this

issue when necessary. A judge will almost always consider some type of shared

custody arrangement to be in the child’s best interests to make it possible for an

ongoing relationship with each parent. Exceptions are made for cases of abuse or

neglect.

CHILD SUPPORT

A standard formula is used to

determine the support to which a child

is entitled after a divorce. The formula

considers the income of each parent,

the number of children and the special

needs of the child(ren). A parent’s

support payment obligation is reduced

based on time spent with the child

under his/her physical custody as it is assumed the child is being supported while

being cared for.


SPOUSAL SUPPORT

Spousal support is not appropriate in all cases but may

be awarded in longer marriages and/or when there is a

significant disparity in earnings or career potential

among the spouses. Spousal support may be

permanent or temporary.

AN ATTORNEY CAN ASSIST WITH DIVORCE ISSUES

An attorney can assist with these and other issues that

arise in the divorce process. It is always advisable to

have appropriate legal representation to protect your

interests in a divorce proceeding.

About the Author

Terence Daniel Doyle, Esq. is the

founder of the Family Law Group,

Danville CA. Terence Daniel Doyle

brings a powerful background and a

strong skill set to the firm. He is one

of only 1100 attorneys in the state of

California to hold the unique standing

of Certified Family Law Specialist

(CFLS) from the State Bar Board of

Legal Specialization. In addition to

family law, his areas of practice

include civil litigation, as well as

estate planning and taxation. Mr.

Doyle established the firm in 1984,

and maintains a strong vision for the

law group and its clients.

Terence Doyle’s greatest strength is

his ability to apply his knowledge of

case law to his client’s particular

situation, and then devising a strategy

which produces the best possible

outcome.

Mr. Doyle is a member of the State

Bar in the states of California, Arizona

and Hawaii. He holds his law degree

from Golden Gate University, with a

B.A. in Mathematics from St. Mary’s

College of California. He is a Danville

California native where he resides

with his family.