Through all the screaming, fighting, tears, frustration, stress, and drama that characterize the experience of getting divorced, it is easy to lose sight of the real issues that need to be straightened out between the parties involved if they hope to move forward in a successful and peaceful fashion.
A California divorce is typically based on irreconcilable differences, or issues that absolutely cannot be solved, between the two spouses.
It is not unusual for divorcing couples to become so caught up in the frenzy of their situation that they participate in a constant stream of criticism and verbal attacks on one another that do not serve any useful purpose.
Matters experienced by couples involved in divorce proceedings are numerous and widespread.
Yet, the most common divorce issues have remained consistent throughout the years, and range from: owhether alimony support should be paid from one party to the other; owhether child support payments shall be made and if so, how much is to be paid to the receiving spouse; othe manner in which the custody of children will be divided between the parties; othe agreeable arrangement of a fair child visitation schedule for each parent; othe fair and equal division of the parties' community property and debts; owhether either spouse will continue living in the marital residence; oand finally, whether or not any existing restraining order needs to stay in effect to keep one spouse safe from the other.
A word on restraining orders - the spouse whom the restraining order is intended for will almost never amicably agree to its presence.
Regardless, all that matters to a judge to when deciding to permit the request is whether the other party feels unsafe without having it in effect.
As for spousal support, there are many criteria to be met by the husband and wife before the court will approve the alimony demand and sign it into the final divorce judgment: the total duration of the marriage must be longer than ten years; one spouse must prove to the court that he or she will experience financial hardship if spousal support is not granted; and the receiving spouse is not currently remarried, in which case the payments would stop altogether.
Yet, there is a second option for divorcing spouses when it comes to alimony - both the parties may choose to forever waive their rights to spousal support now or in the future by signing a document and submitting it to the court.
The Family Law Facilitator located at the local courthouse is always a good source to assist in settling the challenging problems that come along with these common divorce issues.
And, when these issues have finally been agreed upon by the parties, the divorce can then be filed as an uncontested matter!