The words common and typical generally mean the same thing and the meaning of both of these words is something that occurs regularly. When we talk about the common types of divorce settlements in California, these include the terms of family law that can easily fit independent cases perfectly. It is true that each time that a case comes into a family law court, the facts, the parties and the circumstances are all unlike any other and yet the settlements decided at the end seem to usually overlap.
Here are the typical divorce settlements in family law:
Typical Orange County divorce settlement with regards to visitation and child custody
The child custody laws in California family law courts are based on the notion of having to protect the best interest of the child at all times. This generally includes the child’s safety, security, health, welfare and education. The typical divorce settlements in these cases include:
· The common labels of child custody are usually sole and joint
Sole legal custody of the child is a settlement that is used mostly in cases that neglect abuse of any kind or harm to the child proven along the lines of the trial, or in circumstances where one of the parents has proved it is more appropriate for them to have custody over the other parent in making choices that safeguard the child’s best interest. Joint legal custody is the most common settlement since both the parents want to share the child and neither wants to give up their right.
· The common settlements that involve parenting time
It is important to understand at this point that there is no set parenting time in child custody and visitation cases, but there are certain parenting time percentages used more than others. These times are likely to have little disparity between them for each parent unless there is an advantage of any sorts as mentioned in the previous bullet point to either of the spouses.
Typical Orange County divorce settlements with regards to spousal support
Spousal support or alimony, as it is also called around the legal world, is the amount a well-established bread earning spouse pays to the dependent spouse after a divorce. Here is a look at the typical settlements in the courts in this regard.
· The common spousal support is usually half the duration of the marriage for short term marriages
Any marriage that lasts less than 10 years is considered a short term marriage. In this case, typically the spouse will have to pay the spousal support for half the time that the marriage had existed, which means; for an 8 year marriage, it’ll be 4 years.
· Common spousal support with regards to a long term marriage that has no set termination date
Just like marriages that are under 10 years are considered short term marriages, for marriages that lasted more than 10 years are considered long term marriages. In long term marriages, there is no specific date as to how long the spousal support is to be paid. Likely termination dates would include if the spouse receiving the support dies, remarries or is able to earn a living for themselves.
Gerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.