EXPERIENCED LEGAL SUPPORT DURING A DIFFICULT TIME
Divorce is not the outcome anyone hopes for, but if an individual is facing a divorce, they have several important decisions to make. Attorneys will often recommend that spouses should not try to make these decisions alone. This is an emotional time and individuals may benefit from the guidance of an experienced attorney in family law.
At E&L, LLP in Beverly Hills, CA, we are confident in assisting individuals facing emotional matters associated with the divorce process. We have the knowledge and experience individuals need to make decisions that are right for them, and their family during this time.
DISSOLUTION OF MARRIAGE
In California, there are two ways to dissolve a marriage, or request legal separation. One is where the dissolution or legal separation is sought on the ground of “irreconcilable differences,” where the court recognizes that differences have arisen that justifies dissolution or separation of the parties. The other avenue of dissolution of marriage in California is “incurable insanity” of a spouse.
During the separation, the couple must find solutions to numerous issues, including:
- Who lives in the marital home
- What are the spousal support obligations
- What are the child support obligations
- Who gets interim custody of the children
With our experience, we assist clients address these questions and find answers that makes sense for their family. If divorce is fairly amicable, we can look for ways to settle the issues without litigation. However, when an individual is involved in a contentious divorce, our firm will aggressively pursue their interests in court.
SUMMARY DISSOLUTION OF MARRIAGE
California also affords parties an opportunity to receive a “Summary Dissolution” in the event that the parties have been married for no more than five years, there are no children nor the wife is pregnant, there is relatively modest assets and liabilities, the community obligation is $6,000 or less, spousal support is waived, and both parties agree to end the marriage because of serious, permanent differences.
Contact E&L, LLP to schedule an appointment for your free consultation, or contact us online, regarding your family law matter, and determine how we may be able to assist you.
YOUR INTERESTS PROTECTED, YOUR QUESTIONS ANSWERED
If you’re reading this page, you are likely considering making the life-changing decision to end your marriage. At E&L, LLP, we partner with our clients to help them make the best decisions regarding their future during this very difficult time. We help protect your interests while you bravely move forward and build a new life for yourself. Undoubtedly, you have questions that need to be answered. We can help. Below, we’ve answered some common questions we hear from prospective clients. If we haven’t answered your question below, feel free to contact our firm today to speak to a qualified Beverly Hills Divorce Attorney.
WHAT ARE GROUNDS FOR DIVORCE IN CALIFORNIA?
Technically, there are two acceptable “grounds” for obtaining a divorce or dissolution of marriage in California. Irreconcilable differences is the most frequently cited reason for divorce in California. Nearly all divorces in Beverly Hills and all cities in California are granted on this basis. Since California is a “no-fault” divorce state, there is no burden to prove in court that your spouse acted inappropriately or did not honor the vows you took on your wedding day. Claiming irreconcilable differences basically means that you believe that your marital issues are so bad that there is no reasonable likelihood that they can be worked out.
The second much less well known ground for divorce is “incurable insanity”. To prove this in court, you must produce medical proof that one of the parties in the union is insane. Additionally, you must also prove that the medically insane diagnosis still exists and is likely to continue to exist indefinitely. Needless to say, this ground for divorce is rarely invoked.
ARE THERE ALTERNATIVES TO APPEARING IN DIVORCE COURT IN CALIFORNIA?
Divorce can be difficult enough without going through the painful and expensive process of appearing in court. Fortunately, there are alternatives that you can take advantage of if your spouse is willing to be cooperative.
Collaborative Divorce: In a collaborative divorce, both parties obtain legal representation and work towards an equitable resolution that takes into consideration each party’s goals and priorities. The attorneys that begin the collaborative process usually sign an agreement that stipulates that if the process deteriorates and the parties decide to go before a judge in family law court for resolution, they will do with a different attorney. This motivates the lawyers to work towards a collaborative solution.
Mediation: In this structured negotiation, a mediator will work with you and your spouse to design a divorce agreement that both parties will agree to abide by. Mediators remove the risks that leaving a divorce settlement to a judge can present.
Arbitration: An arbitrator is basically a private judge who will decide the specifics of your divorce arrangement as a California Family Law Court judge would. By hiring a private individual to hear your case, you can keep some elements of your proceedings private as well as speed up the divorce process considerably.
Whatever option you chose for your California divorce case, it is important to consult with a knowledgeable divorce lawyer to weigh your options properly.
HOW LONG DOES THE DIVORCE PROCESS TAKE?
Many people wonder how quickly they can get a divorce in California. The answer varies to a degree, but the minimum amount of time the process can take is 6 months from the date the petition is served upon the respondent. This is because it is a legal requirement in California that this much time pass before a divorce can become official.
WHAT’S THE DIFFERENCE BETWEEN DIVORCE & LEGAL SEPARATION?
The main difference between divorces and legal separations in California is that divorces are final. There are requirements in California for getting a divorce, however. Most notably that you need to have been a resident of the state for at least 6 months prior to filing for divorce. A legal separation removes this requirement and is available immediately.
Legal separations are good options for spouses who are interested in seeing if their differences can be worked out. Additionally, other factors like religious beliefs or maintaining tax or military benefits can factor into a decision to opt for legal separation instead of divorce.