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In Divorce, Family Law Blog

Is Spousal Support For You?

Often during a separation or divorce, individuals are faced with many challenges throughout the process.

Though the marriage might be coming to a close, a spouse may still need financial support in order to start a new life. Whether or not a spouse is entitled to spousal support is dependent on a series of factors. It can prove to be difficult for both parties during a time of high stress, and it is important that facts,  as well as the entire alimony process, is handled professionally and efficiently within a timely matter.

Here is some helpful information on what spousal support is and if it could be the right option for you in your time of need.

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In Divorce

Do I Qualify For Summary Dissolution

dissolution

Dissolution is the official term for divorce in California.

There are two ways you can obtain a dissolution in California: standard, which is the most common form of divorce, and summary, which is a shortened version of the divorce process.

Not everyone can use summary dissolution to end their marriage as there are very specific requirements that must be met for the court to approve your divorce.

Hear Kathy Minella Explain More About This

Who Qualifies for a Summary Dissolution?

There are strict eligibility guidelines for a California summary dissolution and all of them must be met to proceed. In addition to those listed above, it is required that:

  • At least one of you has lived in California for at least 6 months, and in your county for at least 3 months before filing the petition.
  • Both of you must agree to summary dissolution and the grounds of irreconcilable differences.
  • Neither of you may own real estate or hold a lease with an option to purchase.
  • Neither of you has more than $40,000 in separate, or non-community, property.
  • Neither of you has incurred more than $6,000 in debt, excluding car loans, since the date of marriage.

Both of you must also read and sign a summary dissolution booklet that is provided by the state. The booklet explains the entire process and contains helpful worksheets for dividing assets.

How to Obtain a Summary Dissolution

There is less paperwork required for a summary dissolution than there is for a regular one, but you must file with the superior court clerk a Joint Petition for Summary Dissolution that includes a property settlement agreement.

A Judgment of Dissolution and Notice of Entry of Judgment must also be prepared. Six months after filing, your divorce will be final.

You do not have to appear in court and afterwards you are free to remarry. At any time during those six months either you or your spouse can stop the summary dissolution process.

If you are looking for a fast resolution to your marriage, summary dissolutions can be the right option for you as long as you meet the necessary requirements.

To learn more about whether you may qualify, or for help in starting the process, talk to a qualified California family law attorney.

[image courtesy of pexels] 
In Divorce

Divorce in California: Insights From A Family Law Attorney

Divorce proceedings in California can be complex, but with the guidance of a knowledgeable family law attorney, individuals can navigate the process with greater clarity and confidence. As an attorney specializing in family law in California, I have extensive experience dealing with the intricacies of divorce cases in this state.

In this blog post, I will provide valuable insights and guidance specific to divorce in California.

  1. Understanding California’s No-Fault Divorce:

California is a “no-fault” divorce state, meaning that neither party needs to prove wrongdoing or assign blame to obtain a divorce. The most common ground for divorce is irreconcilable differences, where the spouses’ marriage cannot be saved. As a family law attorney, I assist clients in understanding the no-fault divorce system and its implications on their case.

  1. Community Property and Division of Assets:

California follows the principle of community property when it comes to dividing marital assets and debts. This means that property and debts acquired during the marriage are generally considered community property and are subject to equal division between the spouses. As a family law attorney, I help clients navigate the complexities of property valuation, characterization, and the equitable division of assets.

  1. Child Custody and Support Guidelines:

Child custody and support matters are of utmost importance in divorce cases involving children. California courts prioritize the best interests of the child when determining custody arrangements. Understanding California’s child custody and support guidelines is essential. As a family law attorney, I work closely with clients to develop parenting plans that prioritize the children’s well-being and advocate for fair and reasonable support arrangements.

  1. Spousal Support and Alimony:

Spousal support, also known as alimony, may be awarded to one spouse during and after divorce proceedings. California courts consider factors such as the length of the marriage, each spouse’s earning capacity, and the standard of living during the marriage when determining spousal support. As a family law attorney, I guide clients through the complexities of spousal support, advocating for fair and reasonable outcomes.

  1. Mediation and Alternative Dispute Resolution:

California encourages the use of alternative dispute resolution methods, such as mediation, to resolve divorce disputes outside of court. Mediation can offer a more collaborative and cost-effective approach, allowing couples to reach mutually beneficial agreements. As a family law attorney, I facilitate mediation processes, helping clients navigate negotiations and find amicable resolutions.

  1. Legal Requirements and Timelines:

Understanding the legal requirements and timelines involved in divorce proceedings in California is crucial. From filing the initial divorce petition to completing necessary forms and attending court hearings, there are specific steps and deadlines to follow. As a family law attorney, I ensure my clients are aware of these requirements, guide them through the paperwork, and advocate for their rights throughout the process.

  1. Post-Divorce Modifications and Enforcement:

Life circumstances can change after a divorce, necessitating modifications to custody, support, or other agreements. Additionally, enforcement of court orders may be necessary if one party fails to comply. I assist clients in California with post-divorce modifications and enforcement proceedings, ensuring their rights and interests are protected.

••••••

Divorce in California involves navigating specific laws and regulations that may differ from other states. Seeking the guidance of a skilled family law attorney familiar with California’s divorce process is essential. With the right legal support and a clear understanding of the relevant aspects, individuals can approach divorce in California with confidence, working towards a fair and equitable resolution.

Contact us today to schedule an initial case assessment or ask any questions to our legal team.

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