Affordable Chino Divorce Law Firm – Best Family Law Experts Fighting For Your Interests On Post-Judgement Modification, Military, Complex, Contested/Uncontested Divorce Matters Issues Like Child Support, Child Custody, Visitation Rights, Fathers Rights, Spousal Support/Alimony, & Asset Division etc
Hiring the right Chino divorce lawyer and family law attorney is very important for your case. When filing for a separation or dissolution of marriage you definitely have your expectations as far as the process is concerned. However, the divorce laws as well as issues that come up during the legal process can determine the steps that your divorce process undergoes. This is why you need an experienced Chino divorce law firm on your side to make sure your interests are met.
During the divorce proceedings, the issues of spousal support are inevitable. The court considers various circumstances while deciding on spousal maintenance. These conditions are:
- The probability of a person who is asking for spousal support to get self-supporting employment.
- The extent and duration that party’s present and future earning was impaired when supported party was busy performing domestic duties.
- The contribution made by the supported party to train or educate the supporting party.
- The capacity of the supporting party to contribute to the support.
- The needs and requirements of each party which has been established during the existence of the marriage.
- The time the spouse has lived together as wife and husband.
- The ability of the supported party to gain employment without interfering with the interests of children that are born during the existence of the marriage.
- The health and age of both parties
- History of the spouse, especially if there is any evidence of domestic violence during marriage.
- The tax that each party is required to pay, immediate or specific
- Any other factor that the court thinks is just and equitable.
Custody of the children may be awarded to either parent. There are no presumptions or preferences when it comes to legal custody, individual custody, or shared physical custody. The court has the widest discretion, to make a parenting plan which promotes the best interest of the child. While determining the best interest of the child and custody, the court considers the following factors.
- The safety, health and the child welfare
- History of abuse by parents or any other individual who might me seeking custody of the child
- The parent’s other partner in case he or she has been dating or engaged in another relationship
- Care-taking and blood relationship
- The extent of contact the child and either parent had during the existence of the marriage
- The habitual illegal use of drugs or alcohol abuse by either of the parents.
- Any other factor that the court deem fit
Custody of the child is stipulated in sections: 3010, 3011, and 3040 of the California Family code. However, it is important to note that the provisions do not apply if both parties agree in writing about visitation and custody.
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