Divorce
The most common way to end a marriage in California is through divorce. Divorce is emotionally and financially trying. However, it also delineates boundaries and legal rights that allow people to end their union and move forward with their lives separately.
Divorce in California
California is a “no fault” divorce state. This means that there is no need to prove that anyone did something wrong, such as have an affair or commit abuse. Either spouse can unilaterally decide to end the marriage. It does not matter which party files first. The court does not give any preference to the party who files for divorce.
The decision to divorce is a challenging one to make with many facets to consider. Divorce can create a profound amount of stress. It may lead to many subsequent changes such as relocating from the family home, financial adjustments and developing a different schedule with children. You are not legally required to retain an attorney in a divorce. You may represent yourself. However, trying to navigate the legal maze is challenging. This will likely only compound your stress and hinder effective, optimal results.
Planning for Divorce
If you are considering a divorce, the help of a family law attorney is invaluable. Prior to consulting with an attorney or filing divorce papers, start gathering information. You’ll want to identify your assets, your debts and how to fund two separate households if necessary. If you have children, considering custody schedules is also helpful. There are a number of steps we recommend when you are planning for divorce. Taking these steps before you meet with an attorney can help save you time and money, and help your attorney better meet your goals.
Filing Papers
Once a party files divorce papers and serves them on the other person, the other person has 30 days to respond. If they fail to, then the moving party (the Petitioner) can request a default judgment to be entered by the courts. California requires a six-month waiting period before the parties can be legally divorced. If the responding party (the Respondent) does respond, then the parties will move forward. The next steps are exchanging financial disclosures and engaging in discovery, as necessary. The parties can then try to agree on child custody matters, spousal support, property division and debt division without the courts. If parties are unable to agree, a trial will be held and the court will determine these matters for the parties.
Choosing a Family Law Attorney
Divorce can be a traumatic experience, even in the most amicable of cases. Not all family lawyers are created equal. Finding the right match for you can make a world of difference in your dissolution. Our objective at Davies Wegner Law is to zealously represent your rights and the best interests of the children when involved. We provide you with support every step of the way. Our aim is to help make this transition as smooth as possible for you. We resolve the legal problems and concerns which are restricting you from living a happy and healthy life.
Each situation is unique and so is each person. We want to understand where you are coming from and discover what your goals are. We inform you of your legal rights and help you plan the best path for moving forward. Our attorneys can also tell you more about alternatives to divorce litigation. Alternatives can include mediation, summary dissolution, legal separation or annulment. If you would like our free report on intelligent alternative to traditional divorce litigation, you may download it here.
During your initial consultation, we can discuss your particular situation. To set up an appointment with us, call our office at 310.481.0300.