The word divorce itself can cause a visceral reaction; it can bring on feelings of stress, fear, and apprehension. Let us help you navigate this stressful time in your life by helping assist and advise you through your divorce proceedings. Whether you are a newly married couple or ending a long-term marriage, we are here to help you through this difficult time.
California is a “no fault” divorce state – that means it doesn’t matter who is at fault for the breakup of the relationship; the parties are treated equally in the eyes of the court. It also means that only one party has to “want” the divorce for it to occur.
The vast majority of divorces don’t proceed to trial; rather, the parties are able to work out the issues through arbitration and mediation, or litigation that is limited in scope to address particular issues of the case on which the parties can’t agree. These are obviously more cost-effective ways to resolve issues of contention, rather than proceeding to trial. Once an agreement is reached through one of these means, then a settlement agreement will be entered into, and once all outstanding issues are resolved, the court will finalize the divorce, meaning you will be returned to the legal status of a single individual. Where parties cannot reach an agreement, or if there are issues precluding contact between the parties, it’s often best to leave those issues up to a judge to decide.
Often, the most contentious issue in a divorce is the division of property. Property acquired during the marriage is considered community property, and thus, divided equally between the parties. Any property owned by one of the parties prior the marriage will be treated as your sole and separate property, and you will be entitled to it upon the dissolution of the marriage.
Spousal support is another issue that is often hotly contested. Depending on the term of the marriage, and the income of the parties, you may be entitled to receive ongoing support from your ex. Where there is a change down the road in financial situations, you can also apply to have spousal support modified to reflect the modified status. Don’t continue paying what you can’t afford if your financial situation has changed since a ruling on spousal support was made. Alternatively, don’t continue to accept less than you can survive on if you are receiving spousal support and your circumstances have changed.
Our office can assist you every step of the way through your divorce proceedings. We can be your voice to ensure you are treated fairly and entitled to what is rightfully yours. Give us a call today for a consultation to discuss your rights and your options.
