|
|
|
|
|
|
|
|
|
|
| 11271 Ventura Blvd. |
| Suite 473 |
| Studio City, CA 91604 |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
|
|
|
|
| Warner Center Towers |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
|
|
|
|
| Watt Plaza |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
|
|
|
|
| Fashion Island |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
|
|
|
|
|
Divorce
|
California Dissolution of Marriage
|
|
Contemplating divorce is never easy. In order to make a decision, it is necessary that you understand the basics and fundamentals of divorce law. Therefore, it is important to seek the assistance of an experienced family law attorney. Getting your attorney involved early is the quickest way to navigate through a divorce in a manner that preserves your long-term financial and emotional health. Generally we seek mutually agreed upon dissolution settlements; however, we acknowledge that sometimes settling is not in our client’s best interests. In moving forward toward trial, we strongly and aggressively advocate for our clients.
|
|
The breakdown of a marriage is one of the most stressful experiences that a person will face. Many individuals experiencing divorce find themselves so involved in dealing with the emotional effects of the breakup that they are unable to focus on the legal dissolution process. An experienced California family law attorney can work to protect your legal interests, allowing you to focus on yourself and your family.
|
|
Legal Issues Addressed by the Dissolution Process
|
|
In California, before making an order dissolving a marriage relationship, a judge must address the following legal issues: jurisdiction and grounds, spousal support, property division, and, if there are children, custody, visitation, and child support. Each of these issues have many sub-issues which are resolved on a case-by-case basis in accordance with California statutes and case law.
|
|
Jurisdiction and Grounds
|
- Residency requirements - California law requires that at least one of the parties has lived in the state for at least 6 months and in the county where the case is filed for at least 3 months prior to filing.
- Grounds - Because California is a no-fault divorce state, the only determination the court must make regarding grounds is that the parties have irreconcilable differences or that one of the spouses has incurable insanity.
|
|
|
Spousal Support
|
|
Under California law, the court must consider a number of factors in determining whether, what duration, and how much one spouse will be required to pay towards the support of the other spouse. Some factors are objective such as the age, education, and ability of each spouse to be self-supporting. Other factors are less objective such as whether there are convictions for acts of domestic violence by one spouse towards the other, whether either party is cohabiting with a person of the opposite sex, and such other factors specific to the case that the court determines just and equitable.
|
|
[Read More]
|
|
Property Division
|
|
Generally there are two types of marital property, community property and separate property. California is a community property state. This means that divorcing couples are required to equally divide assets and debts acquired during their marriage.
Separate property is acquired before the marriage, after the date of separation, or by gift or inheritance. When dividing property, the court weighs factors such as value, debt, separate property rights, and rights to reimbursement.
|
|
[Read More]
|
|
Child Custody and Visitation
|
|
Issues relating to child custody and visitation are among the most contentious and emotionally charged concerns in divorce and paternity cases. Divorcing parents should learn the child custody and visitation options that are available to them and the legal standards applied to the different options. They need to work through the emotional stress of a divorce, in order to do what is best for their child, hopefully agreeing on custody and visitation issues without the need for a court order. Knowledgeable advice and representation from an experienced family law attorney often makes the difference in reaching a fair, mutually satisfactory agreement. When an agreement cannot be reached, success at trial may depend on the early involvement of a family law attorney with an established track record in contested custody matters.
|
|
[Read More]
|
|
Child Support
|
|
California uses child support guidelines to calculate payment amounts, taking into account the non-custodial parent's income, the custodial parent's income, the type of child custody arrangement, and other factors. For an idea of how the guidelines work, contact the Law Offices of Thomas & Associates to discuss the any matter related to child support.
|
|
[Read More]
|
|
The Hardest Decision
|
|
One of the hardest decisions you will ever have to make is whether to end your marriage. However, once that decision is made, it is best to approach the dissolution process from a rational, unattached, objective perspective. We recognize how extraordinarily difficult this can be, given the emotional issues with which you must also cope. Working with an attorney who is experienced in handling family law matters in your state will ease your stress and help you get through the process to move your life forward.
|
|
In recent years, more than 60% of California marriages have ended in divorce. Contact us at 877-479-7970, or e-mail us at info@law-thomas.com, to arrange for a confidential complimentary family law consultation.
|
|
|
|
|
|
Q: What is dissolution of marriage?
|
|
A: Rather than referring to "divorce," California law refers to "dissolution of marriage." Both terms refer to the process by which a marriage between parties is terminated and their respective legal rights and obligations regarding property, child custody, and child and spousal support are determined. There is no fundamental difference between what is called "divorce" in another state and what is called "dissolution of marriage" in California.
|
|
|
Q: What is a no fault divorce?
|
|
A: Traditionally, divorce was granted on the basis of some marital misconduct such as adultery or physical abuse. In these cases the "guilty" spouse was punished by getting a smaller share of the couple's property or being denied custody of their children while the "innocent" spouse was rewarded for being faithful to the vows of marriage. In a no fault divorce, however, both parties agree that there is no "fault" involved in the grounds for divorce. California is a “no fault” divorce state.
|
|
|
[More]
|
|
|
|
 Judicial Council and the Administrative Office of the Courts for California
|
|
This site contains forms provided by the Judicial Council and the Administrative Office of the Courts. The forms are provided as Adobe Acrobat documents (PDF). Some can be filled out electronically; all forms may be printed out.
|
|
|
California Law Search Page Family Law Code
|
|
This site contains California statutes covering all family law cases in California.
|
|
|
[More]
|
|
|
