If you’re concerned about how your division of custody will play out in court, consider a divorce settlement to ensure a mutually beneficial decision is agreed upon. By consulting a mediator or attorney to draft up your settlement agreement, you can effectively cut the costs of litigation while keeping your finger on the pulse of your child’s future. Though before you call up a legal professional for help, it’s important to understand how divorce settlements proceed in the Golden State.
How a Divorce Settlement Works in California
In California, a divorce settlement is an agreement between ex-spouses that involves a number of issues. Along with child support, they decide on spousal support, division of property, and a parenting plan for any children involved. Division of property is typically the most tedious process, as it tends to several different types of assets. Bank accounts, retirement plans, insurance plans, investments, and pensions all have to be divided under agreeable terms, not to mention other assets, debts, homes, vehicles, and household items. In California, which is a community property state, most assets that are acquired during a marriage are equally divided once a divorce is finalized.
It’s essentially a spousal agreement on all facets of the divorce that is settled outside of court, before being finalized in family court. If spouses can’t seem to reach an agreement on division of property, spousal support, or a parenting plan, the case is then taken to family court.
Child Support and Custody Agreements
If children are involved, a divorce settlement in California can’t proceed without making a decision on child support and child custody, or visitation time. This can be an emotional battle if taken to court, which is why parents often turn to mediation for a more family-conscious approach. Parenting plans are also part of these agreements, concerning where a child will go to school, or who will be their primary doctor or dentist; this can all be handled by a mediator or attorney. Furthermore, family court approves the majority of California divorce settlements outside of court unless they go against a child’s best interests. With a professional mediator to help draft such documents, you can effectively maintain control of your child’s future, keep bad parenting at bay, and prevent a judge from deciding your child’s next steps.
Avoid the Need for Court with a Divorce Settlement
Divorce settlements are carried out without the presence of a court, relieving the stress of court dates and waiting on a judge’s decision. A mutually beneficial agreement is drawn up by a trusted attorney or mediator, and becomes a binding agreement once signed by both parties. It’s much simpler and straightforward than divorce litigation, alongside a fraction of the price and timeline. To get started with your divorce settlement, schedule a free consultation with one of our skilled mediators in Orange County.
Pursue a Divorce Settlement with a Vetted Family Law Attorney
Divorce is an emotional journey to endure. On top of the bitterness and anger which often result from a formal separation, the subsequent legal battles tend to make the whole process even more painful. At the Law Offices of Jennifer Owens, we revel in the power of choice. When spouses face divorce, they’re presented with a slew of decisions with a handful of potential outcomes. Our attorneys are believers in the best possible outcome, where a former couple chooses peace over destruction, so that they can finally move onto their next chapter. We can help with that. No matter your desired path – mediation, a negotiated settlement, or even litigation – The Law Offices of Jennifer Owens will achieve the best possible outcome by reaching a settlement that keeps all involved parties in mind. Visit our website to review our family law services or contact us online for a free consultation.