It doesn’t hurt to consult with a divorce lawyer, even if you are considering divorce and have no intention of filing or discussing the fact until you have a better idea of the consequences of doing so.
Our family attorneys and divorce lawyer in California work on acrimonious separations, friendly separations, custody Issues, and distribution of assets.
It is our responsibility to look for answers regarding questions asked by our client and to go further with the case in a manner fitted with and serve the best interest of our client’s goals.
What Is Divorce?
In California, it is termed “dissolution of marriage”. The legal judgment which results in an official dissolution of marriage and a termination in law of one’s marital status.
Key points to know about Divorce in California-
Residency Requirements-
To file for divorce in California either spouse must have lived in the state for the last six months before filing. Additionally, either spouse must have lived in the county, where you plan to file, for at least three months.
Petition for Dissolution-
The filing of a petition for marriage dissolution is the beginning process of any divorce.
The filed petition is supposed to specifically state critical marriage attributes, such as the date of marriage, separation date, details about children, physical and legal custody arrangements, visitation rights, community and separate property, child support, spousal support, and attorney fees.
No-fault Divorce-
California is a no-fault divorce state.
No evidence regarding the commission of any fault or infidelity by either spouse is mandatory for getting a divorce. Grounds including irreconcilable differences or a permanent legal incapacity to make decisions are good enough.
Division of Property-
California uses the community property doctrine whereby all accumulated assets and liabilities during a marriage period are divided equally between both spouses.
Child Custody-
The Court makes decisions involving minor children regarding parenting time. As the state cares about the best interest and welfare of the children more than anything, this is a first consideration that the court shall look at when making initial custody orders.
Child Support-
The court computes child support based on California State guidelines considering factors like parents’ income and the amount of time the child spends in each household among other factors.
Spousal Support-
Spousal Support can be awarded based on the length of the marriage, each spouse’s earning capacity, employment history, the period in which either party respectively put their career on hold due to child-rearing, recorded history of domestic violence, and the lifestyle enjoyed in the marriage. The term of support has to correspond to the marriage’s duration.
Mediation and Settlement-
Such dissolution and custody disputes of parties may be settled through mediation or negotiated agreement at any stage without requiring the expense of litigation. Mediation is conducted by a neutral third party or respective attorneys to help parties resolve issues, including such aspects as divorce, child custody, property division, support, and attorneys’ fees.
Court Proceedings-
Any matter that is not agreed upon shall be taken for hearing before a judge. The court makes decisions on undecided issues based on evidence presented by parties through hearings and trials.
FAQ’S about Separation and Divorce-
Do you need your spouse’s consent to divorce?
California is a no-fault state regarding divorce, so you do not need your spouse’s consent. Any party may dissolve a marriage regardless of the consent of the other spouse.
How long does the divorce take?
There is a statutory “cool off” period of six months in California state, which means divorces take this long. However, the process could be longer, often dragging on in contested cases where disputes drag out a settlement.
Who pays for Divorce Lawyer in California?
Parties themselves are responsible for their divorce attorney fees when hiring a lawyer and filing the papers with the court. However, in case there is a significant difference between the spouses concerning assets and income, the judge may order the higher-earning spouse to cover some of the other spouse’s legal fees.
How do I get my spouse to reach a divorce agreement?
If you do not want to involve yourself within the corridors of justice, there is mediation. A mediator helps the parties involved come to a mutually agreed settlement.
How much does divorce lawyers cost ?
The cost of divorce lawyer in California is the case at hand. It is extremely variable. Custody of children, property distribution problems, alimony, and debts can further complicate and add to the costs.
BG Family Law, APC has highly experienced Divorce lawyer in California.
We have been working with families for years from the state of California through much family turmoil. If you’ve been searching for “divorce lawyer near me” and can’t find the right fit, then give us a call today.
Contact Us today and get the legal advice to assist in your case.
