Final Divorce Order

February 4, 2022
by Briana White

Divorce involves a lot of really important decisions. Which means that—between dividing property, divvying up child custody, and figuring out mortgages (not to mention, family pets)—you’ll have a lot to keep track of, post-divorce.

Luckily, there’s one document that’ll have all the answers: your final divorce order.

A final divorce order is a legal document containing all of the decisions made during your divorce. Once approved by your judge, these terms are non-negotiable, and are fully enforceable under California law.

Here’s what you need to know about final divorce orders in California, and how Maples Family Law can help you get the best results possible.

What is a Final Divorce Order?

In California, a final divorce order (or “divorce decree”) is a document that formally ends your marriage, and is something you’ll receive at the conclusion of your divorce proceedings.

Not to be confused with a “divorce certificate” (which merely acts as proof of your marital dissolution), a divorce decree is a judicial order that contains a summary of all the decisions made during your divorce, including all of the rights and responsibilities that will govern your post-divorce life.

Since every divorce is different, no two final orders will look exactly the same. However, some of the items that may be addressed in your final order could include:

Separate and marital property
Marital debt
Child custody
Visitation schedules
Child support
Alimony

Since a decree is essentially just a summary of your divorce negotiations, these terms shouldn’t surprise you. (If they do, then you should probably notify your attorney, immediately).

Exactly how much control you have in deciding these terms can actually vary significantly, however, depending on what type of divorce you choose.

Divorce Types and Divorce Orders

There are some things about a divorce order that are simply non-negotiable (such as child support minimums, which are set by California law, and can’t be messed with). But there are other areas that you and your spouse can exert control over—some more than others, depending on how well you’re able to communicate—and the type of divorce you choose.

Here’s a closer look.

Uncontested Divorce

In California, the fastest way to a final divorce order is through an uncontested divorce.

In this type of divorce, both spouses agree on all the major terms of their breakup, and, with nothing left to “fight” about, these couples can achieve a split by simply compiling their terms into a “marital settlement agreement.”

To be valid, this agreement must be signed by both parties, and should address your collective decisions about property, alimony, and children (if applicable). At your hearing, a judge will review this paperwork, and incorporate the terms into a final divorce order (so long as your arrangement is fair to both sides).

Although it’s the most direct path to a final divorce order—and offers the most control—this type of divorce generally only works for short marriages, those with very little property and no children.

Divorce Mediation

The next best thing to an uncontested divorce route, is through divorce mediation.

Divorce mediation is an informal negotiation process that takes place outside of court, and is sometimes required if you have children. These meetings are supervised by a neutral, third party “mediator,” who acts as a referee, and helps couples reach a settlement without need of a judge.

If successful, the agreement you reach will be codified into a settlement agreement, and submitted to the court for review (much like in an uncontested divorce). In order to be binding, this document must be signed by both parties, and—for best results—should be overseen (and approved) by your trusted family law attorney.

A judge will review this agreement at your hearing, and—so long as it meets certain requirements (such as state child support minimums)—these terms will be incorporated into a final divorce order.

Another alternative dispute method you might try is collaborative divorce. However, if neither of these options work, you’ll have to proceed on to a divorce trial.

Divorce Litigation

Not only is litigation the longest route to a final divorce order, it’s also the least loved. This is because it’s—by far—the most expensive and time consuming of all divorces. In addition, this path offers couples the least amount of control over their final outcome, and is the most stressful and emotionally draining.

In a divorce trial, both sides gather evidence, which will be presented to the court in an attempt to sway a judge one way or the other. Each and every issue—from property to alimony—must be settled this way. And, at the end of this laborious process, you are presented with a final divorce order that consists of decisions you had very little say in making.

Hence, we suggest avoiding this route, if at all possible.

Enforcing a Final Divorce Order

You may not like them, however, once finalized, the terms of your final divorce order are non-negotiable. In California, divorce orders are fully enforceable, and failure to comply can result in some fairly hefty financial and/or legal consequences.

Some of these consequences could include wage garnishments, fines, liens, arrests, jail time, and even contempt of court (a serious criminal charge that will go on an offender’s permanent record).

Before you head back to court, however, try talking to your ex, first. Oftentimes, noncompliance is a result of a simple understanding, or else vague terms that need clarification, and can be resolved without judicial interference.

If there are legitimate reasons things aren’t working, talk to your attorney about modifying your order. As a general rule, contempt of court should always be a last-ditch resort.

Do You Need Help Finalizing Your California Divorce?

Divorce orders have a huge impact on post-divorce life. This document will govern important financial decisions, influence family dynamics, and affect you for years to come—even into retirement. Which is why it’s so important to make sure it’s drafted correctly, the first time around.

If you have more questions about final divorce orders in California, we want to hear from you. Call the Maples Family Law team at (209) 989-4425, or get in touch online, and let us help you negotiate the best terms possible.

Child Custody

Child Custody Overview

December 23, 2021
by Briana White

Child custody refers to the various rights and responsibilities associated with taking care of a child. These authorities and obligations are most commonly associated with divorce; however, they are also relevant to unmarried parents, grandparents, legal guardians, and individuals looking to adopt.

In this child custody overview, we’ll define important terms, talk about parental rights, and help you gain a better understanding of what to expect during this important process.

Child Custody: 101

In the family law arena, child custody refers to the myriad of rights, powers, and obligations associated with caring for a child. Most of the time, we think of these authorities when couples are getting divorce, however, child custody can also be relevant to:

Unmarried parents—couples who are not married, and want a structured parenting plan to govern interactions with their child.
Grandparents—who might be wanting to gain custody over a grandchild who isn’t receiving proper care from parents.
Legal guardians—who may need partial access to certain custodial powers in order to care for a child or incapacitated adult.
Adopted parents—who may want to take on the full mantel a of parental rights for a child who isn’t biologically theirs.

Regardless of circumstances, all child custody cases are governed by the same set of family laws. These laws attempt to make decisions based on what outcome is most likely to serve a child’s best interest.

In California, these custodial powers break down into two main groups: legal custody and physical custody.

Legal Custody

First off, there’s legal custody, which refers to a parent’s decision make authority, and their right to determine how their child will be raised.

This category of custody includes a parent’s right to make decisions about their child’s:

Medical and dental health;
Psychiatric and psychological therapy;
Education and child care;
Religious and cultural exposure;
Travel opportunities; and even,
What extracurricular activities they’re allowed to be involved in (if any).

Most of the time, California parents will end up sharing this authority, equally, meaning that both must pass off on all major decisions.

Physical Custody

The other branch of custody is physical custody. This category refers to a parent’s right to live under the same roof as their child, and to have regular, in-person face time.

Since it’s so difficult to divide a child’s time exactly equal between parents, California courts will almost always assign one parent to be the child’s custodial parent (or “primary residence” parent), while assigning the other ample parenting time in the form of visitation.

A child’s primary residence is where they live most of the time. This parent is in charge of meeting their daily needs, including food, clothing, as well as things like transportation, daily medication, and homework.

Child Custody: Joint vs. Sole

In California, legal and physical custody are assigned separately. To this end, each set of powers can be assigned to one parent, alone (in “sole custody”), or to both, as shared powers (known as “joint custody”).

Most of the time, legal powers are assigned jointly between parents. This means that both must pass off on decisions for their child, and that one cannot act without the express permission and authority of the other. Legal custody is easy to split fifty-fifty, since it doesn’t require a child to be living under the same roof as its parents.

Physical custody, on the other hand, is not as easy to divide equally. Between school, extracurricular activities, competing work schedules, and child care needs, it can be nearly impossible to give each parent an equal amount of face time with their child. Which is why it’s so common for courts to assign one parent to be the child’s primary residence.

To decide which parent will be the child’s primary residence, the court will analyze a number of individual factors, to determine what course of action will be in their best interest.

Primary Residence Factors

Some of the factors the court may consider when deciding on primary residence include:

The child’s relationship with both parents;
The child’s physical, emotional, and educational needs;
The child’s need for continued social stability;
The child’s tie to relatives living in the area;
Each parent’s ability to care for their child;
Any history of family violence; as well as,
Any history of substance abuse by either parent.

Keep in mind that in California, you can still be considered joint physical custodians, even if your arrangement has an uneven division of time.

Child Custody: Visitation

The parent who does not get assigned as the primary residence will still receive ample parenting time in the form of visitation.

A visitation schedule outlines the division of time with your child, and is determined based on what is in your child’s best interest. In California, visitation can be:

Scheduled—a detailed plan that outlines specific dates and times of exchange, including where the child will spend holidays and birthdays.
Reasonable—an open-ended agreement that does not make specific arrangements; instead, parents agree to work out the details between themselves.
Supervised—an arrangement that requires visits to be supervised by another adult, or a professional agency. This type of visitation generally occurs when the child has experienced harm or neglect because of the parent.
No Visitation—a situation where any contact with a parent (even supervised) would be physically or emotionally harmful to the child.

In addition to a visitation schedule, non-custodial parents are often assigned to pay child support.

Child Custody: Child Support

As all parents know, children don’t come cheap, and these expenses don’t end, just because parents get divorced, meaning that—without support—a child’s primary residence parent will inevitably end up shouldering the bulk of costs for these daily needs.

Hence, to offset this imbalanced financial burden, California courts will often require non-custodial parents to pay child support. This ensures both parents are responsible for meeting their child’s needs, and are held equally accountable, accordingly.

In California, child support is calculated using a formula that weighs each parent’s income against their percentage of parenting time. However, the court is allowed to deviate from this formula in situations like a high net divorce, when a higher monthly amount would be more appropriate.

Child Custody: Drafting your Parenting Plan

A family court judge is often needed to help finalize custody matters, however, they aren’t necessarily a requirement, and couples are always free to draft their own parenting plan.

This can be done between individuals—with or without attorneys—or through a more structured process, such as divorce mediation. For some couples, collaborative divorce can be another good, out of court option.

So long as your proposed custody agreement meets certain state guidelines (such as child support minimums), judges are usually happy to sign off on an agreement you reach on your own.

Child Custody: Enforcement and Modification

In California, decisions involving minors are all made under the scrutinizing lens of the best interest of the child. This legal standard requires the court to choose—not what you want, as a parent—but the outcome that will serve your child’s long-term health and wellbeing the best.

When a parent fails to uphold their duties under this order, it’s the child who ultimately suffers the most, and California courts do not take these infractions lightly. Penalties for noncompliance are dependent on the offense, but can result in serious legal consequences, including a restriction on parental rights, fines, and even jail time.

If there is a legitimate life change keeping you from carrying out your responsibilities, then talk to your attorney right away. In some situations, custody orders can be modified, however, these changes cannot be applied retroactively. So it’s important not to wait, if something comes up.

Child Custody Attorneys in California

As a parent, nothing is more important to you than your child. You want what’s best for them, and worry about how divorce will affect them. At Maples Family Law, we understand and empathize with these concerns, which is why we hope you’ll trust us to help.

If our child custody overview hasn’t answered all your questions, we hope you’ll reach out. Call us today at (209) 989-4425, or get in touch online, and let our team of experienced family law attorneys fight for your child’s best future.

Tag: <span>Enforcements</span>