What a Judge Considers During a Divorce Trial
Carlsbad, CA – A judge who is making decisions in a divorce case has to consider key issues such as division of property and custody if the parties can’t reach an agreement. Being aware of what the judge considers during your divorce will help you properly prepare for your case. That way, you can avoid the little mistakes that can hinder your chances of getting the best outcome. Let’s examine some of the things judges may look for during your divorce proceedings.
Property and Debts: A divorce judge reviews the property that is subject to division under state laws and the debts of both spouses. Property can include stocks, real estate, financial accounts and retirement pension accounts. The judge must distribute the property and debt in a way that conforms to state division laws.
California is one of the states that has community property laws on the books, while other states follow equitable division laws. A divorce judge in a community property state will split marital assets and debt equally between both spouses, with each receiving half the total value of any assets collected during the union and half of any debt.
Custody and Visitation Factors: A divorce judge has to decide legal and physical custody of the children of the marriage after considering several factors. The judge may divide legal custody or award sole legal custody to one parent. Legal custody grants the parent essential parental rights, such as making major decisions for the child. On the other hand, physical custody may be divided or given to one parent, but a child’s primary home is with the parent who has physical custody.
The divorce judge will determine who served as the primary caregiver was during the marriage and what will provide the most stability for the children and considers the wishes of both the children and the parents. The past of a parent is also taken into account, including allegations of criminal activity, abusive behavior or child neglect.
If both parents can agree on a proper schedule for parenting time, the divorce judge will often accept their proposal instead of establishing the schedule him or herself.
State Family Law Guidelines: State laws provide judges with guidelines on child and spousal support calculations. These guidelines outline what a judge should include when computing the total income of each spouse when determining how much to award. State guidelines grant a judge the option to diverge from the guidelines when awarding a spouse support due to mitigating circumstances.
Behavior: The judge has to make a decision on some issues based on what information he has and act impartially. The behavior of either partner may affect the final decision, especially in custody concerns.
Our family law firm is highly experienced in handling all aspects of divorce and post-judgment issues that involve disputes over spousal support or custody, on behalf of the spouse who pays and the spouse who receives support.
We proudly serve family law clients in divorce and child custody/support matters throughout San Diego County including Carlsbad, San Diego, Vista, Del Mar, Escondido, Oceanside, Encinitas, Cardiff, Solana Beach, La Costa, San Elijo Hills, La Jolla, El Cajon and Chula Vista.
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