One of the primary reasons individuals delay filing for divorce is the apprehension of not knowing the final outcome. Even though each state has its own legislation controlling marriage dissolution, the decision can still hinge on the position of the particular judge granting the divorce. In addition, just like in other civil cases, each particular divorce case is unique in some manner. Plus, states like California are community property states and take into consideration certain financial factors that other states may not.
Marriage is effectively viewed by the government as a two-party business agreement between the married couple, but disposition of children is also an important component of the final court decision in dissolving a marriage. A divorce is not merely an assignment of community financial assets. Custodial children have rights too, and often they do not have individual legal representation, which is where the court usually weighs in. The judge’s position on family structure can make a huge difference when determining the final terms of a divorce. Having an experienced divorce attorney who understands the local court as well as state law can be a major advantage.
Official legal custody is not the preferred legal application in contemporary divorce decisions, as the makeup of the traditional family has evolved greatly during the past 20 years. Whereas the mother was almost always assigned legal custody of minor children, current divorcing couples may have been functioning with the father in the primary caretaker position for the children. However, this shift in family dynamics can still go unnoticed by traditional conservative judges. Even when the divorcing couple has made an arrangement through their attorneys for a feasible parenting agreement, the judge may not be totally acceptable.
In families where one particular spouse has been the sole or primary family provider there is a distinct possibility of an alimony assignment. This financial condition can be assigned to either divorcing party, and can often be based on the duration of the marriage and standard of living the couple enjoyed while married. An alimony award can also amount to a large sum of money in wealthy families. It is always important to retain an experienced and effectivedivorce attorney who can calculate and craft a solid presentation to the court concerning distribution of all family assets and divorce conditions according to what the judge will likely allow. The attorney can clearly make a difference, just as the judge. To contact California Divorce Attorney Ann Thomson call 562-431-4333 or email Ann today.