Encinitas Divorce Lawyer

Divorce in Encinitas

California has long had a reputation for having high divorce rates. At times, it has even had the highest divorce rate in the country. Encinitas has not been immune to divorce tendencies in California; 9.6% of Encinitas residents are divorced. If you are filing for divorce in Encinitas, you need help navigating the confusing and complicated California divorce laws. Contact Boyd Law for more information about how to proceed with your petition for divorce.

California Divorce Eligibility Requirements

To be eligible for divorce in Encinitas, you must adhere to the California divorce requirements. You or your spouse must have lived in California for at least six months prior to filing. You or your spouse also must have resided in Encinitas for at least three months immediately before you file for divorce.

The grounds for your divorce must stand on one of two principles: An irresolvable issue that has been slowly tearing apart your marriage, or you or your spouse suffering from insanity. You can prove insanity by bringing in medical or psychiatric professionals to testify. Insanity is applicable if your spouse was insane when you filed and is still insane throughout the proceedings.

Property Division

California is a community property state, which means that it is a state that automatically divides any joint properly evenly between the two spouses. The only property that remains completely under one person’s control is separate property. Separate property is anything that you or your spouse obtained prior to the marriage or was a gift or inheritance.

Spousal and Child Support

The court decides on spousal and child support for each case based on a variety of factors. Spousal support is based on the length of the marriage, the needs, and abilities of each spouse, income, how much each spouse helped the other, and various other factors. Spousal support will continue until the court order is over, one of the spouses dies, or one of the spouses remarries.

The court calculates child support based on monetary, emotional, and physical worth. Some of the factors that the court will consider for child support include each parent’s income, how much time each parent puts into the child, how many children the parents have together, and other relevant factors.

Child Custody in Encinitas

Child custody is one of the most important decisions that the court must make in a divorce case. The court looks at many factors, so it can be certain to choose the best situation for the child. It could award sole custody if one parent is clearly more capable or joint custody. The court will take factors such as income, emotional connection to the child, and living environment into account when deciding how to rule on custody.

Contact an Encinitas Divorce Lawyer

Getting a divorce can have an extremely negative impact on your life. It can cause serious emotional trauma and financial damage, affecting your life for a long time after the proceedings are over. To prevent such destruction, you should hire an attorney. An attorney can help you get through your divorce as quickly and easily as possible, doing all he or she can to keep your financial status and relationships with your children intact. The attorneys at Boyd Law will fight with compassion for you. Contact Boyd Law for representation for your Encinitas divorce case.