In California, there are two acceptable legal grounds for filing for a divorce: irreconcilable differences and incurable insanity. Irreconcilable differences do not need to be proven, as it is a general reasoning simply alluding to the fact that marriage cannot be repaired. Incurable insanity must be proven and often requires the partner to have resided in a mental institution for a significant period.
California abides by a “no-fault” divorce statute. In these jurisdictions, irreconcilable differences are the only citation required to file for a divorce. Examples of proving fault in a divorce include providing evidence for adultery, infidelity, cruelty, neglect, or other irrevocable circumstances. In California, no proof of anything is needed to obtain a separation from a partner.
When seeking a divorce, there are generally two categories that the dissolution can fall under: uncontested or contested. An uncontested divorce simply means that the couple agreed on all stipulations of the marital settlement agreement. This often includes terms such as:
Contested divorces are far more common, occurring when the two parties who are entering a divorce do not see eye to eye on all aspects of the separation agreement. In these cases, a divorce can proceed to a ruling before a judge- though this may be avoided via successful negotiations aided by a skilled divorce attorney.
California is classified as a community property state, as established in the California Family Code, sections 760-761. This means that all property involved in a divorce that was acquired during the duration of the marriage is considered community property. As such, these assets are divided in an even split (50/50) at the time of the dissolution of the marriage.
Properties and effects obtained before the start or after the end of the relationship are not subject to these stipulations. In these cases, debts are generally also split evenly between the separating couple. For many, this is not a suitable outcome and may be challenged in some scenarios. Postnuptial and prenuptial agreements are also valid in disputing an even 50/50 split.
A property division lawyer may be able to identify if assets are being hidden or fraudulently transferred. Some individuals place assets into hidden accounts or use things like cryptocurrency to lower their overall amount of assets and reduce their support obligation. A lawyer can use professionals like forensic accountants to help find these assets for a more accurate evaluation.
It’s estimated that around 8.5% of men and 11.5% of women in Sacramento are divorced. This means that attorneys regularly work with families who are going through divorce proceedings.
Ideally, a divorce lawyer is obtained before you have even filed for divorce. Unless a divorce is suspected to be perfectly uncontested, the legal counsel of an attorney is highly advisable in divorce proceedings. Even when it appears you are pursuing an amicable dissolution, things can change rapidly and drastically. By having experienced representation, you have a wealth of legal knowledge and support at your disposal.
If you are considering moving forward with the dissolution of your marriage, your attorney matters. Don’t wait to consult with a divorce lawyer. Receive guidance today and take charge of your new chapter in life.
A: The length of divorce proceedings in California can be affected by many aspects of the unique circumstances present. If the divorce is highly contentious, these procedures may be drawn out for months or even years in extreme situations. In California, there is a mandatory waiting period after a divorce is filed. Generally, the more each spouse is willing to work together to finalize the divorce, the less time it takes.
A: The cost of a divorce attorney in Sacramento is dependent on several factors of the dissolution. For example, if the divorce proceedings require a lengthy time in court or excessive communication between attorneys, fees increase in accordance with their level of involvement. To further explore what a lawyer might cost for you, consult with a California divorce attorney.
A: To file for a divorce in Sacramento, several stipulations must be met to qualify. First, a couple must be California residents for at least six months and Sacramento County residents for a minimum of three months. Then, a divorce petition should be filed. The Sacramento Superior Court handles these cases at 500 G Street, Sacramento, CA 95814.
A: Yes, child support can and should be included in a divorce agreement. The non-primary parent’s income calculates the amount of child support owed. If you find that this amount is either too low or too high, your attorney may proceed with continued negotiations regarding the amount owed.
Don’t hesitate to hire a lawyer who advocates for you. Consult with the Ewing Law Group today to explore your options.
