California divorce lawyers are those attorneys, barred in the State of California, who focus their practice on divorce law. The legal definition of divorce the legal termination of a marriage by a court in a legal proceeding. The California divorce lawyer has his, or her, specialty in Family law. CA divorce lawyers are those family lawyers that focus their practices specifically on divorce cases and matters coinciding with divorce such as alimony, child support and child custody. There are two grounds for divorce in the State of California: (1) irreconcilable differences, or “no-fault” divorce; and (2) incurable insanity.
A no-fault divorce is a divorce where both parties are not required to show fault on the other party. This makes divorce simpler and allows for the dissolution of a marriage when both parties agree that the marriage is “irretrievably broken.”
In order for a California divorce lawyer to help you get a divorce based one based on incurable insanity the CA divorce lawyer must conclusively show that show, through proof, including competent medical and psychiatric testimony that the other spouse is incurably insane. A divorce granted based on incurable insanity in the State of California does not relieve that the obligation of the petitioning spouse from support of the insane spouse.
Contrary to popular belief, California does not recognize common law marriage. Common law marriage exists when a couple has lived together for an extended period of time; they hold themselves out as husband and wife; and they have the intention of getting married in the future. Due to the fact that California does not recognize common law marriage there is no need for California divorce lawyers here.
Akin to common law marriage is palimony. Palimony is a form of contract in which a couple, either hetero-sexual or same sex, agrees to support each other in the instance of dissolution of the relationship. This is much like alimony with the exception that it is based on a written or oral agreement. Palimony actions, unlike divorce actions, take place in a civil court and are based on contract law. If you are involved in a palimony suit it is a good idea to have a California divorce lawyer who understands contract law.
California is a community property state which means that all property that was gained through the course of the marriage is split by the courts in a fifty fifty split. The California courts will also grant one of the spouses support from the other. This is called alimony and the California court system will look at a number of factors including one of the spouses: lack of sufficient property; inability to seek employment due to lack of education, disability, or being the primary caregiver of the children of the marriage; contribution to education of the other spouse; and age of person may preclude employment. California divorce lawyers will be able to help clarify these forms of property. Nothing is cut and dry when deciding the value and extent of ownership of marital property, even in community property states.
The CA divorce lawyer will help you in your battle over child custody and spousal support. The California court system will grant custody and child support to one or both of the spouses depending on factors that involve “the best interests of the child.” The California courts
will look at a number of factors when determining child support and in what amounts. These include: the standard of living the child is accustomed to and who the primary caregiver is.
Why do I need a California divorce lawyer?
In order to qualify for a divorce in the State of California at least one of the spouses must have lived in the California for 6 months; 3 months in the county where the divorce is filed.
When you are contemplating divorce procedures in the State of California it is important to seek the the legal advice of a California divorce lawyer. California divorce lawyesr will represent you to his, or her, fullest potential to make sure that you get the rights that you, or your child, deserve concerning custody, child support, and alimony. There are numerous documents and filings that go along with a divorce proceeding in California. The most important are The Petition for Dissolution of Marriage and The Final Judgement of Dissolution of Marriage. In addition there are around ten other documents that you will need to complete. A California divorce lawyer is experienced and knowledgeable about how to complete these documents and their filing deadlines.
Divorce proceedings can be stressful and emotional. It is important to have California divorce lawyers on your side that will have no emotional attachments to the proceeding. Many courts in California will require some type of mediation between spouses before litigation is permitted to proceed to court. California divorce lawyers will help you negotiate alimony, child custody and support with your other spouse while not having to deal with the emotions that naturally come with the dissolution of a marriage. Mediation is the best way to proceed when concerning a divorce. Mediation will not be on the public record, other than the binding settlement. This is beneficial because dirty laundry of the spouses will not become prone to public scrutiny.
Another reason to have an California divorce lawyer is because a divorce has long lasting and life long effects. If you represent yourself or have a poor California divorce lawyer you could end up paying exorbitant amounts of alimony and child support for years to come. It is in your best interest to get a CA divorce lawyers who will negotiate and litigate for your rights and help you to reduce, or get more, alimony payments.
How do I find California divorce lawyers?
If you’re looking for California divorce lawyers then you can obtain the information you need through an internet search. CA divorce lawyers advertise in newspapers, magazines and often have their own websites. Depending on your legal problem there will be a wide choice of California divorce lawyers who can help you. When looking for California divorce lawyers you should sit back and figure out what your needs are; how much you are willing to pay; how complicated the issue is; and how much you have at stake. After answering these questions you should set up interviews with at least a few California divorce lawyers who meet your criteria. It is also beneficial to contact the California Bar Association and take advantage of their referral service. The California Bar Association keeps a list of all lawyers in the state who are barred and in good standing along with their specialty areas.
You can also find a California divorce lawyer by accessing the laws.com referral service at the top of this page. By clicking on the link and inputting your name, location, contact information and the extent of your legal problem a representative from laws.com will be able to direct you to a competent CA divorce lawyer for a consultation to help you with your divorce proceeding.