DIVORCE and LEGAL SEPARATION
Divorce or legal separation is one of life’s most difficult transitions, and it can be traumatic for everyone involved. If you are involved in a divorce case or in a case for Legal Separation from your partner, you need a trustworthy attorney on your side to ensure that your divorce is completed as quickly and painlessly as possible.
About Divorce, Legal Separation and Dissolution of a Registered Partnership in California
If you and your spouse/partner no longer wish to be married, a divorce will end your union in the eyes of the law. A legal separation resolves the division of your property but the status of your marriage or partnership remains intact. Divorces or Legal Separations in California may be contested or uncontested. In an uncontested proceeding, both parties have agreed on all aspects of the settlement. On the other hand, a contested proceeding occurs when the parties disagree on one or more issues. Some of the issues that must be addressed include:
These issues may be settled in mediation, or if no settlement can be reached, they will be settled in court.
Property Division
During the divorce, or legal separation all of the property you have accumulated will be divided between you and your spouse/partner. California is a community property state, which means that marital property will be divided equally between both parties.
Child Custody
If you and your spouse have children, you must agree upon a custody arrangement before your divorce will be final. Custody is determined based on the children’s best interests.
Child Support
California requires both parents to provide financial support for their children. Thus, the non-custodial parent will typically pay child support to the custodial parent during and after divorce.
Spousal Support
In some cases, one spouse may be required to pay support to the other. This support may be permanent or temporary.
Do I Need a Divorce Attorney?
Simple, uncontested divorce cases may sometimes be completed without the assistance of an attorney. However, if your divorce or separation is contested or otherwise complicated, it is best to hire an attorney to represent you throughout the case. An attorney who has experience dealing with California divorce cases, Legal Separation and dissolution of a Domestic Partnership can ensure that your interests are accurately represented at all times and that your case doesn’t take any longer than necessary.