A divorce tends to be an emotionally devastating experience for everyone involved. Even if you no longer love your spouse, there’s usually still an emotional connection that can be difficult to sever entirely, at least at first. You may feel defeated and unsure of what to do next. Above all, you should make the effort to protect your financial security. You may be ordered to pay or receive spousal support. A Coto de Caza spousal support lawyer can help you through it.
The team at Cianci Law, PC, which is also known as Creative Family Solutions, can provide you with everything you need to fully understand your potential spousal support obligation. Additionally, we can help you receive a fair spousal support amount if you are a lower-earning spouse. We can help you deal with a new financial situation.
Spousal support, also known as alimony, is court-ordered financial help that the higher-earning spouse must pay to the lower-earning spouse for a set amount of time as determined by the divorce court. Not every divorce results in spousal support, but many do. It all depends on the circumstances of the marriage and whether both spouses are able to remain self-sufficient after getting divorced. Spousal support is quite common.
Generally, spousal support is awarded in a divorce when one spouse has been financially dependent on the other throughout the duration of the marriage. It’s simply unfair to leave that spouse to fend for themselves now, as they may have no personal savings or even any job skills. Spousal support is granted to keep them afloat until they are able to be financially independent. There are only two forms of spousal support that you can receive in California:
Spousal support generally ends when the lower-earning spouse remarries or passes away. Gender does not come into play when the court awards spousal support. It’s entirely based on both spouses’ income and financial security.
After your divorce, you may feel a need for additional support. Coto de Caza has multiple divorce support groups you may want to consider, including the DivorceCare program available at Saddleback Church. If your divorce was particularly traumatic, your lawyer may be able to suggest some support groups or several therapists. It’s important to prioritize your own mental health and take care of yourself.
A: While most of the time, each spouse pays for their own divorce lawyer in California, there could be situations where the court orders one spouse to pay the other’s legal fees. This might happen if there is a substantial disparity between both spouses’ incomes or if one party has deliberately drawn out the divorce in order to hurt the other party financially. Apart from those situations, it’s usually up to each spouse to settle their own legal fees.
A: If you can’t afford a divorce lawyer in Coto de Caza, California, don’t panic. You may have options for legal representation that you can try to use. You may be able to request a fee waiver from the court, or you can ask the court to order your spouse to pay for your legal fees.
A: Generally, if you are not represented, it is not considered a good idea to speak to your spouse’s lawyer during the divorce proceedings. It is recommended that you cease all communication with your spouse as well. All communication should be done through your respective lawyers. That keeps things civil, well-documented, and professional. Your spouse’s lawyer represents their interests, not yours. They aren’t here to help you. Their job is to help your spouse.
A: Many factors are considered when the court is determining spousal support. When the judge decides that spousal support is needed, they have to look into the respective incomes of both spouses to start. From there, they may consider the total length of the marriage, the effort that each spouse put into the marriage, and the standard of living that each spouse maintained during the marriage, among other factors.
When the court decides that spousal support is going to be part of your divorce’s outcome, it may be infuriating, especially if you are the one having to pay it. You want to make sure you aren’t being taken advantage of and are paying a fair amount, so long as you have to pay it.
If you are receiving spousal support, you want to make sure your ex-spouse is abiding by the court order and paying you on time. A good lawyer can help you negotiate your stance either way.
The legal team at Cianci Law, PC can help you fight to receive spousal support or even help you fight to stop spousal support, depending on your situation. Contact us to speak to a valued team member about the many ways we can assist you.
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