Divorce: An Overview
Counsel from a Trusted Family Law Attorney
In most cases, divorce is an unpleasant experience, capable of exacting a large mental and emotional toll on all involved. In addition to the personal ramifications of a divorce, there is a host of legal ramifications that must also be accounted for.
Failure to properly address these issues can result in hardship for one or both spouses, and the children, that can last for years into the future. If you are considering divorce, it is recommended that you have a divorce attorney guide you step-by-step through the process. In addition to helping you avoid potentially costly mistakes or errors in the filing process, an attorney will also be able to negotiate terms on your behalf that are favorable to you and your family.
Grounds for Divorce in California
Divorce can be granted on one of two grounds in California:
- Irreconcilable differences
- Incurable insanity
Divorce on the grounds of irreconcilable differences is a no-fault divorce. This means that you’re not blaming your divorce on your spouses’ actions. Instead, it means that you can’t get along with your spouse and there’s no hope for reconciliation. With this kind of divorce, you are not required to provide proof that your spouse did something that caused the breakdown of your marriage.
If you file on the grounds of incurable insanity, you will be required to provide proof of your spouse’s insanity. This could be medical records or psychiatric testimony.
Dividing assets during divorce can be a complicated process, but it is important to understand how marital assets are divided under the law. The court will decide how the assets acquired during your marriage should be split between you and your spouse, taking into consideration a number of facts. Our firm can fight for your rights under California’s equitable distribution laws and advocate for you to retain your assets.
One of the most emotional issues that must be determined in a divorce is the custody of a couple’s children. The court is most concerned with the wellbeing of the children, and will weigh a number of factors when making their decision. During this difficult process, an experienced family lawyer can ensure your voice is heard before the court and protect your rights.
Before a divorce is finalized, the court will need to determine the amount of child support to be paid by the noncustodial parent. These monthly payments are meant to help cover the costs of the child’s medical, educational, and daily living expenses. The judge may consider other factors when deciding how much support to award, so it is important to have a knowledgeable advocate on your side.
Collaborative divorce allows spouses to work together to end their marriages and address and decide upon the many legal issues that are involved in the process. Our firm can assist you during negotiations with your spouse so that you can come to an agreement about custody, support, and property division without having to go through a court battle.
Some of the most difficult family court proceedings are those that involve contested divorce. When a couple is in disagreement about the future of their relationship, the divorce process can become heated and emotional very fast, and bitterness can result in contentious courtroom battles. It is imperative that you retain skilled legal counsel to ensure you receive powerful advocacy in the court.
Similar to the division of property and assets in divorce, debts must also be divided when a couple ends their marriage. The court will take into consider a number of assets when deciding how to split the debts between you and your spouse.
Divorce can be greatly impacted if there was domestic violence during the relationship, and if you have been a victim of abuse, do not hesitate to contact our firm. We can present your case before the court and see that you receive justice and protection during your divorce proceedings.
Enforcement of Court Orders
If your former partner is not fulfilling their duties as determined by the court, call a knowledgeable lawyer as soon as possible. Our firm can assist you in taking legal action if your ex-spouse is violating the terms of your court order, including custody, support, and visitation agreements.
Enforcement of Settlement Agreements
If your former spouse is purposely stalling the process or causing issues to keep your divorce decree from being put into place, a lawyer can help you enforce your rights. Contact a skilled lawyer to represent your interests and assist you in taking action so that your settlement agreement will be honored.
Many fathers believe that they are at a disadvantage in the family court, but this is not the case. The state recognizes men and women equally, and will consider numerous issues when deciding such issues as child custody and spousal support before making their decision. No matter the circumstances of your case, it is important to have a skilled advocate on your side to provide you with a tireless legal voice before the court.
High Net Worth Divorce
It is crucial that you retain an attorney who is experienced and knowledgeable in handling cases of high net worth divorces if you want to ensure your assets are protected during your divorce. Our firm can determine your options and help you take the necessary steps to provide you with the best opportunity to retain your properties and other assets.
Rather than divorcing, many couples choose separation to enable them to live apart while still retaining many of the benefits of marriage. There are certain legal implications to separation, though, so it is important that you enlist a family lawyer to assess your circumstances and help you understand the possible effects.
By working with a skilled mediator, you and your spouse can peacefully and respectfully negotiate the terms of your divorce. The mediation process allows both of you to work toward an agreeable solution quickly and efficiently, and is often much less stressful for you and your children. Mediation is not right for every couple, however, so you should discuss your situation with an experienced attorney.
Many people do not realize that they have certain legal rights even if they were never married to their partner. If you lived with your partner for a substantial amount of time, you may be able to obtain palimony support after your relationship ends. An attorney from our firm can evaluate your options and provide powerful advocacy on your behalf in the court.
The division of marital property is a key part of any divorce, and involves the equal distribution of properties between both spouses. The judge will decide the fairest way to split the properties and take into account other factors of the marriage. To ensure your rights are protected during the process, you should enlist a seasoned family attorney to represent your interests.
After divorce, the parent with custody of the children cannot move away without first seeking the court’s approval. Our firm can help you file a relocation petition if you would like to move, or we can advocate for your relationship with your children if your former spouse is trying to take them away from you. Relocation matters must be addressed immediately, so do not wait to contact our firm.
Same Sex Marriages
If you and your spouse are a same sex couple who are now seeking divorce, you will need to address a number of issues before dissolving you marriage, including dividing property, determining custody of your children, and support payments. Our firm can assist you at every stage of the divorce by helping you understand your options and ensuring your rights and interests are protected.
Spousal Support/ Alimony
Depending on the circumstances, the court may decide to award spousal support to one party to assist them in getting back on their feet for a short time or for the remainder of their life. The judge will assess various issues to determine whether spousal support will be part of your divorce order, and a skilled lawyer can help protect your rights and interests during the process.
If you and your spouse agree to end your marriage, you may find the divorce process to be simpler and easier than you had imagined. In many cases, couples pursuing uncontested divorce are able to work together and come to agreement on the various issues that must be addressed before their union can end. Even if you and your spouse are divorcing amicably, it is important to hire skilled representation to help you understand your rights and options.
Contact Fusco & Clarke!
Fusco & Clarke is a law firm with decades of combined experience in practicing law. We have represented clients in all manner of family law cases, including many that involved divorce. The approach we take with our clients is a collaborative one, as we seek to help them achieve their desired goals in their divorce cases.
We will always attempt to help each client come to an amicable resolution between them and their spouse, but we are also capable of entering into litigation on our client's behalf if necessary. Contact our offices if you are considering filing for divorce, and we will discuss your specific situation with you in an effort to determine the best way to proceed in your case.
Are you in need of legal help in some aspect of your divorce case? If so, contact a lawyer at our firm at (818) 672-1562 to obtain immediate assistance.