We like to provide a path to help keep our divorce mediation meetings focused on the topic at hand. These are the topics you and your spouse will start thinking about and discussing as you come to a consensus regarding the terms of your Stipulated Agreement.

 

Parenting Plan-

“Legal custody” refers to a parent’s authority to participate in major decisions affecting a child’s health, education, and welfare; and “physical custody” refers to the child’s physical presence with a parent. Joint physical custody means that each parent has significant periods of “physical custody,” but not necessarily an equal amount of time with the child. Parents may agree to joint legal custody without agreeing to equal, or even approximately equal, physical custody. California law favors joint physical and legal custody when both parents agree to it. – Susan Bishop, Attorney

 

 

 

 

Equitable Distribution-

California law defines community property as any asset acquired or income earned by a married person while living with a spouse. Separate property is defined as anything acquired by a spouse before the marriage, during the marriage by gift, devise, or bequest, and after the parties separate. The law requires that the community estate be divided equally if there is no written agreement requiring a particular division of property. This means that from the total fair market value of the community assets, the joint obligations of the parties are subtracted, yielding the net community estate. Unless agreed otherwise, each spouse must receive half of the net community estate. – Glen Rabenn, Attorney

 

 

 

 

Alimony/Spousal Support-

Alimony, also referred to as “spousal support,” is payment from one spouse to another after they separate with plans to divorce. If you and your spouse can’t agree on  alimony as part of your divorce negotiations, you’ll probably end up in court, where a judge will decide both the amount and duration of long-term support. Courts consider each spouse’s earning capacity, the possible need for education to acquire employment, the extent to which the supported spouse’s earning capacity is impaired by periods of unemployment incurred during the marriage to permit the supported spouse to devote time to domestic duties, the paying spouse’s ability to pay alimony, the length of the marriage, and the interests of dependent children, among other factors. – Published by Nolo

 

 

 

 

Child Support-

Every state has a formula for calculating child support, and judges use those formulas to determine how much child support will be paid in each case. The biggest factor in calculating child support is how much the parents earn. The percentage of time that each parent spends with the children is another important factor. – Emily Doskow, Attorney

 

 

 

 

 

 

Everything Else-

Any other items that you and your spouse agree on can be addressed in your Stipulated Agreement. Your Peace Plan Divorce representative will make sure you agree with and approve everything in your paperwork before printing the documents for your divorce in California.