
A divorce or dissolution of marriage is the ending of
a marriage before the death of either spouse. Once an action
for dissolution has been filed, a legal determination must be
made that covers custody and visitation of any minor children
of the parties, child support, spousal support and property
division. The terms of the divorce can be agreed upon between
the parties and their attorneys, or, if an agreement cannot
be reached, the terms will be determined by the court. A court
may take into account prenuptial
agreements or postnuptial
agreements, may ratify terms that the spouses have agreed
on privately, or can take testimony from witnesses and make
rulings dividing property, awarding support, and giving custody
of the children to one or both parents.
Ideally, both parties will have competent and caring attorneys
who will effectively and efficiently represent their clients.
This often means attempting to resolve issues outside of court,
or by way of agreement, and avoiding "in court" litigation
if possible, which is stressful and expensive.
Legal Separation is similar to a divorce in
that orders for custody, visitation, support and property division
can be made by the court. At the conclusion of a legal separation,
the parties have no further liability for the acts or debts
of the other, are not entitled to any share of the accumulation
of assets of the others, and remain lawfully married, despite
the length of their actual separation. A legal separation cannot
be granted by the court if either party objects, so this is
not a good strategy to be used by a victim of domestic violence.
Property Division is often as large a part
of a dissolution action as is custody and support. In cases
with substantial assets, it is common for one or both parties
to investigate the income, properties and assets of the other.
Hiding or minimizing assets is often common, although a good
attorney can utilize the laws contained in the Family Law Code
to discover community assets and debts, as well as discover
the true income made, or able to be made, by the opposing spouse.
It is essential that a comprehensive inquiry into these matters
be made by the attorney for the benefit of their client, and
to also later enable their client to invoke various remedies,
some severe, against a spouse who was not forthright, or was
dishonest, during the dissolution.
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