In California, divorcing couples must agree to the terms of their divorce agreement to achieve an uncontested divorce. When the couples aren’t able to agree, they must go through a process called mediation, which allows them to meet with their attorneys and negotiate a settlement. A mediation attorney in Temecula helps clients with the process.
Reviewing Prenuptial Agreements
A prenuptial agreement defines the terms which the couple agreed upon before the marriage. The agreements are enforced in California, and its terms may include clauses for child custody, marital property division, and alimony. Some provisions of the agreements determine the award available for either spouse.
Dividing Marital Assets
When issues arise about marital property division, the couple must review all assets and negotiate. Each party has the right to an equal share of the assets. If it isn’t possible to agree on an assignment, the court may require the couple to sell the asset and split the proceeds. In most cases, properties owned before the marriage aren’t divided. The original owners keep the asset without any issue.
Child Custody and Support
Child custody and support arrangements are determined through negotiations, too. If the court cannot reach an agreement during mediation, the court schedules a separate hearing. In the proceedings, the judge renders a decision based on the most suitable choice for the child.
Alimony Arrangements for a Spouse
Alimony is paid to spouses when their earning capacity doesn’t provide them with the same lifestyle achieved during the marriage. The payments won’t exceed sixty percent of the other spouse’s income. An exception to paying alimony is to provide a payment for an educational program. The spouse must pay the full expense of a college education to increase the recipient’s earning capacity.
In California, divorcing couples must attend mediation when they cannot agree to the terms of the divorce agreement that define how marital property is divided and who receives child custody. Child support payments are also included in the agreements along with any spousal support payments. Couples who need assistance from a mediation attorney in Temecula can contact the Law Office of Michelle Penna or browse the website right now.
