Let’s get started
The Unfortunate Truth
We’ve all dreamed of finding our fairy tale love, but unfortunately not every romance was made to last forever. Getting a divorce can have serious, long-term effects, and not just emotionally. There are legal issues as well, which can often be complex and overwhelming. There are strict requirements that cover everything from choosing a method of legal separation, to selecting where and how to file, to deciding who should have custody of children, to how the property should be divided just to name a few. The divorce process is not one you should attempt to navigate without competent legal assistance.
Reasons for Divorce
California offers what is known as a “no fault” divorce. A no fault divorce allows a court to enter a divorce decree without one party having to legally prove the other party did something wrong in the marriage. Instead, one spouse may simply allege that the marriage has fallen apart and there’s no reasonable hope it can survive, and a divorce can be granted with or without the other spouse’s consent.
The division of marital property pursuant to a divorce will generally depend on whether or not you live in a “community property” state. California is a community property state. Community property states consider nearly all property obtained during the marriage to be equally owned by both spouses if it was acquired through community efforts. Property owned by one or the other spouses prior to the marriage is and generally remains that spouse’s separate property, and is owned solely by that spouse. Obviously there are exceptions to this, and ultimately it is up to the Court to determine what is community property and what is separate property. Oftentimes, the Court will accept a property division agreement mutually agreed upon by both spouses.
Most would agree that the children and their future is the most important aspect of a divorce. Just how much you will be part of that future is a matter that is decided by the Court, and without an experienced attorney, you could end up with far less than what you expected. Child custody is a broad term that includes both physical and legal capacity; physical custody involves the actual location where the child will reside, whereas legal custody determines which parent will be allowed to make decisions regarding education, religion, medical care, and discipline
Alimony and Spousal Support
Alimony and spousal support are interchangeable terms that refer to monthly payments from one ex-spouse to another following a divorce. These payments can be court-ordered or arranged by the parties involved and are intended to account for the adverse economic effect a divorce can have on one or both of the parties. All spousal support agreements and amounts are unique, depending on the spouses’ individual incomes and property, their earning capacity, the duration of the marriage, and whether children and child support are involved, among other factors as well.
Hiring a Divorce Attorney
Attorneys aren’t needed for every divorce, but in many cases legal assistance is not only beneficial – it can be crucial. With the complex nature of some divorce procedures and emotions running high, it often helps to have a knowledgeable resource for information and a skilled advocate in negotiations and potential court proceedings.
Building A Family
Are you seeking a lawyer to help you with an adoption? This is an important and specific area of the law. Working with an attorney who has experience in this area can help you avoid unnecessary stress, delays and problems that you may otherwise encounter.
At Grennier Law, we proudly represent birth mothers, single individuals, married couples, same-sex couples and domestic partners. Whether you are starting your family or adding to it, we would like to help.
Restraining Orders and more