When it comes to separation from a spouse, there are many issues and factors that can come into play. From splitting assets and property, determining spousal support, and custody of children, there is a broad range of legal issues that must be dealt with to ensure a quick and relatively clean split. To make sure that this happens as smoothly and efficiently as possible, it is imperative to consult with a divorce attorney in Carlsbad to know what your legal rights are, as well as what steps have to be taken by both spouses. Below we’ll outline what a divorce attorney can do for you.
Divorce or Annulment?
In some cases divorce may not be necessary. If the marriage was brief, or if either spouse entered into the agreement unknowingly or without consent, then an annulment is the best option for you. In this case, it’s as if the marriage never happened. While an annulment is much easier to go through, in many instances it’s necessary to engage in legal proceedings to dissolve the marriage. The reason for this is that annulments are only awarded if it can be proven that either one spouse was never committed to the relationship, or that the marriage only lasted for a short enough amount of time. If you’re not sure which process to engage in, consult a divorce attorney to determine the best route to take.
Support Payments
Depending on the income levels of both spouses, as well as how assets and property are to be divided in the divorce, one partner may be financially liable to support the other after the split. In some cases, this can be done through alimony (even if children are involved), in others, it will be provided through child support. There is a difference between the types of payments, however: alimony is seen as rehabilitative, meaning that it is designed as a temporary support system, whereas child support is awarded for as long as is necessary. When determining what kind of support is required, as well as amounts or duration, it depends on each case. To figure out which option is best, contact Fischer and Van Thiel, L.L.P and we can help sort it out with our 50 plus years of experience.
When it comes to divorce, the process is never easy. To ensure that your split happens quickly and, hopefully, relatively painlessly consult with a consult with one of our divorce attorneys in Carlsbad. Let our experienced team help you through this difficult ordeal.
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