In California, petitioners who want to file a divorce motion need clear answers before they proceed. These answers prepare them for the upcoming case and what they need to do to protect their rights. The following are FAQs about divorce cases that divorce lawyers in Temecula can answer.
What Are the Grounds Used in These Cases?
The most commonly used ground is irreconcilable differences. This ground doesn’t assign blame to either party, it implies that each of them is at equal fault for the breakdown of the marriage. This ground is often used when blame assignment will not provide additional awards.
Next, infidelity or adultery is used to show that one party has participated in an extramarital affair. The petitioner must provide clear evidence of these allegations to win their case. The most commonly used evidence are photographs, video footage, and electronic messages. These items are necessary to prove that the spouse failed to fulfill their obligation of monogamy.
The petitioner can also file on the grounds of desertion, domestic violence or abuse, and mental incapacity. They can also file on the grounds that their spouse has been incarcerated for at least two years.
Who Determines Child Custody Arrangements?
Initially, the couple has the right to make their own decisions about the custody arrangements. However, when couples cannot come to an agreement, a hearing is necessary to make this determination. During a divorce trial or custody hearing, the judge will assess each parent and determine who is the better fit for the child. In some cases, they may assign shared custody in which each parent shares equal time with their children.
When Is Supervised Visitation Necessary?
An assignment of supervised visitation is necessary if a parent poses any risks to the child. In these cases, the court requires an officer of the court to monitor all visits with this parent.
In California, petitioners who are gearing up to get a divorce must familiarize themselves with the law. With this knowledge, they understand their options and how to protect their family. Petitioners who need the help of divorce lawyers in Temecula should contact the law office of Michelle Penna or visit the website for further guidance.
