How Do Disabilities Affect Divorce in Cerritos?
A disability may affect a Cerritos divorce in various ways. Disabled spouses should strive to understand these effects, as should spouses with disabled exes. Depending on your circumstances, disabilities may present opportunities in some areas while raising challenges in others.
The most obvious way to address these issues is to consult with an experienced divorce lawyer in Cerritos. RM Law Group, LLP is an established family law firm with several experienced divorce attorneys. Jason Martinez is a co-founding partner of this law firm, and he prides himself in creating tailored strategies for each spouse – including those with disabilities. Michael Recinos is also a co-founder of this family law firm, and he has specific experience with complex divorce issues.
Does Disability Affect Property Division in Cerritos?
Unlike many other States, California follows a system of “community property.” As a result, all property you and your ex acquired during the marriage is divided 50/50. While other “equitable distribution” states consider various factors (including disability), California simply divides everything in half regardless of the circumstances.
That said, disability could still affect property division in California – particularly when it comes to state and federal disability benefits. Speak with your lawyer for more guidance.
Does Disability Affect Alimony in California?
Disability could also affect alimony in Cerritos. Simply put, a disabled spouse often receives more alimony than a healthy spouse. Conversely, a disabled spouse might avoid alimony obligations – especially if their disability prevents them from earning income.
Note that even after the initial alimony order goes into effect, a new disability may constitute a “change in circumstance” that justifies modification. If you become disabled years after your divorce, you could potentially petition to increase your alimony. Conversely, a new disability may allow you to reduce or cease further alimony payments.
Does Disability Affect Child Custody in Cerritos?
Finally, a disability could affect child custody in various ways. When family courts make decisions about child custody, they consider various “best interest factors.” One of these factors is the ability of a parent to care for their child. The logic is that a disabled parent may struggle to care for the child – and they may, therefore, face disadvantages when fighting for physical custody.
That being said, disabilities represent only one best interest factor – and there are many others. A disabled parent may still gain physical custody – especially if the other parent is clearly unsuitable to care for the child. For example, the other parent may have abused the child on numerous occasions – making a disabled parent the obvious choice for sole physical custody. In addition, not all disabilities prevent a parent from caring for their child. A parent with an amputated leg could still perform most childcare duties without notable issues.
Can Divorce Attorneys Help Disabled Spouses in Cerritos?
Experienced divorce attorneys in Irvine may be able to help disabled spouses. However, divorce lawyers can also help spouses with disabled exes navigate the complex legal road ahead. Whatever your situation might be, you can feel free to discuss your unique situation during a consultation with the RM Law Group, LLP. Call 866-706-3160 today to get started.
Jason Martinez is a co-founding partner of RM Law Group, LLP. His practice focuses exclusively on California Family Law and community property division, including litigation and settlement of complex and high-conflict divorce and child custody proceedings. Jason understands that divorce and family law issues have long-term effects on all family members, especially the children.
