The hope is that divorcing spouses are able to agree on the issues between them without the need for a trial. Unfortunately, that is not always the case. Some parties may need to have extended negotiations or a trial in front of the judge. Here are some issues where disagreements are common.
Custody and Child Support
The parties may not agree on who has physical custody of the children or gets to make the important decisions regarding their health, education, and welfare. Even if the parents agree on custody, they may not be able to agree on a visitation schedule. In addition, they may have disputes about how the children are to be raised.
In addition, the parents may not agree on the amount of child support. Even when the court applies a statutory formula, there may be disputes about other expenses and how they are shared between the parents.
One spouse may believe that they are at a financial disadvantage, and the other spouse should provide support in the form of alimony. These payments can be either rehabilitative or permanent. However, the other spouse may believe that they either do not have the means or that it would be unjust to order them to support their ex-spouse.
Division of Assets
Although California is a community property state, there may still be disagreements over which assets are part of the community to be divided. The spouses may also disagree over whether assets belonged to a spouse prior to the marriage or about debts that were incurred before or during the marriage. Community property does not mean that the division of assets will always be smooth and harmonious.
Contact a Sacramento Family Law Attorney Today
The Mason Law Office can help you resolve disagreements in the divorce process, either through negotiation or litigation. To speak with an attorney, you can send us a message online or call us at 833.774.0602