When you are going through divorce, your lawyer will tell you the importance and the role a judge has in your divorce case. It is their final decision which will be binding on both the spouses. This means that a judge has the power to decide your future.
There are a number of different aspects to an Orange County divorce case, and typically, a judge will make a number of different decisions in this regard. Some of the common areas of law and the power that the judges wield are outlined below.
How to Divide Property
One of the most important aspects in a divorce are issues of asset division. If two spouses are unable to reach an independent agreement, the judge will take a look at the facts, listen to the arguments of both sides, and then decide who is entitled to what. This decision will take into account the California community property laws. The judge will need to take into account whether the property is community property or separate property.
Part of custody determinations is making a parenting plan. The judge, in matters of parenting plans, will decide on issues that the parents are unable to agree upon. This could either be how the child-related decisions are made, how holidays will be celebrated, and how a parental move might affect these guidelines.
For the court to rule in matters of spousal support, one of the spouses needs to raise the issue in front of the court. Typically, financially dependent spouses will bring the plea before the judge. In taking the decision of how much spousal support to grant, a judge will take into account the incomes of the parties, the ages of the parties, their health, their potential to earn, etc.
Children are obviously important aspects involved in divorce cases. Both of the spouses usually want to have their child live with them. Yet, the final decision will always be made by the judge if not made by the parties. This decision is often the mostly hotly contested and there are a number of things that a judge takes into account when deciding this issue. The most important consideration that they make is the child’s best interest. Wherever the best interests of the child lie, the custody will be awarded.
Unlike spousal support, paying child support is often mandatory if sought. Yet, the rate of child support, the schedule of monthly payments and what would amount to a perfect monthly child support amount are all decisions that will be taken by an Orange County family law judge.
Gerald A. Maggio is an experienced Orange County divorce and family law attorney 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.