The end of a marriage can be one of the most heartbreaking and emotionally-taxing processes one can go through. After building a life together, you and your spouse may have realized that going your separate ways may be best. Regardless of how you reached the point of divorce, going through this process is not often easy. Of course, there are some cases where things go smoothly, and an amicable resolution is easily reached. However, you often hear about contentious divorces with disputes over property division, child custody and support, and spousal support.
At Fenchel Family Law, our family lawyers are skilled in handling all types of issues that are addressed in a divorce. A lot of people come to us asking how they can win their case, but that’s not always the right approach. It’s important for anyone going through the divorce process to prepare accordingly and set realistic expectations of what “winning” their divorce means. By following the strategies that we have laid down below, you can help your chances of a favorable outcome.
How to Win a Divorce Case Involving Property Division Disputes
California is a community property state, meaning all assets (automobiles, a residence, bank accounts, a business, etc.) acquired during the marriage are equally owned by both parties. This means that the courts will divide the marital property equally during a divorce.
It seems simple, right? In actuality, property division can become complex when certain assets are considered community, separate, or a combination of the two. If a party wants to challenge the community property presumption, they must show that the property was acquired prior to the marriage, is a gift or inheritance, or show a marital agreement between the parties saying the property is solely owned. In these cases, the best thing to do is inform your lawyer and bring in expert witnesses, such as an appraiser or forensic accountant. That way, you receive the help you need to ensure you are getting your fair share of the property.
How to Win a Divorce Case Involving Child Custody
Understandably, family law matters involving children are often some of the most contested issues. Divorcing parties must create a parenting plan that goes over how they will care for their children and other vital aspects of a child’s life. For some parents, winning these cases means being the primary custodial parent and having legal custody.
Instead, we recommend viewing a “win” through a different lens: the best interest of your child. With this approach, kids experience a less hostile situation, are given more stability, and avoid lengthy custody litigation. Parents can sometimes get caught up in winning their divorce case that they forget what’s most important— the relationship with their child. By prioritizing their needs throughout the process, you and your spouse can formulate a winning parenting plan.
Provided the child is safe with the other parent, we can suggest mediation or reaching agreements through counsel. But, if the other parent has a behavior that puts the child in danger, doing what’s best for the child and “winning” requires that we seek protective orders from court, and it may require using mental health professionals to perform a child custody evaluation.
How to Win a Divorce Case Involving Child and Spousal Support
Child and spousal support can be a tricky subject. They are generally highly-contested issues with disagreements about the date of separation, the lifestyle and standard of living, the income of one spouse, and the amount of time each parent spends with their child. It’s best to remain honest and be consistent with the laws. This will help both parties avoid the costly litigation process and make a satisfactory settlement for everyone. If you are the spouse seeking support, it’s critical to have an attorney by your side to ensure that you receive a sufficient. Having the right legal counsel will be the best chance of this.
Hire a Winning San Francisco Legal Team
Each divorce case is unique, which means there is no secret to winning, but there are ways to set yourself up for success. One of the best ways you can do that is by having a skilled divorce lawyer with your best interests in mind. At Fenchel Family Law, our clients can rely on our reputable attorneys to carefully tailor our legal strategies to their needs. We value the well-being of our clients and their loved ones above all else and can help you navigate your divorce.
Do you have questions about your divorce? Call Fenchel Family Law at (415) 650-1112 to schedule your consultation today.