Divorce/Legal Separation

Divorce is a difficult life decision, which can affect not only you, but also your loved ones as well as your assets. Whether you have decided to divorce your spouse or have to respond to filed Petition for divorce, at this point probably the last thing you want to think about is the navigating through unclear waters of California divorce procedures filled with rules and forms. If this sounds about right to you, you should seek an assistance of experienced attorney to obtain professional legal support and compassionate guidance on your side. We will find personalized solution to meet your family needs and help end your marriage in a peaceful way. For more information on how we can help you, please give us a call at (925) 385 8586 to schedule a free consultation with an experienced attorney.

If you have decided to proceed with divorce by yourself, you should make sure that you obtain as much information as possible about the divorce process, what to expect in your divorce, and how to protect your assets. The self-help centers of the courts can be valuable tools on your way to divorce.

Typically, the duration of divorce depends on whether you are in agreement with your spouse on all major issues in your case such as child custody and visitation, child and spousal support, and division of property, but because of the statutory waiting period for divorce it can never be shorter than six months.

Uncontested divorce

If you agreed with your spouse on all issues in your case, the steps you must follow are:

• Filing Petition/ Response to Petition with the court
• Serving the divorce papers
• Exchange Financial Disclosures with your spouse
• Filing final documents that include several judicial forms and marital settlement agreement 

Contested divorce

If one of the spouses does not agree on any issue, the divorce is contested and may take longer than six months. When divorce is contested, more steps in divorce proceeding are usually required. Those steps are:

• Filing Petition/ Response to Petition with the court
• Serving the divorce papers
• Negotiation with your spouse and/or his or her attorney to try to resolve your case amicably. If it is successful than your case can proceed as uncontested (see above)
• Requesting Temporary orders that can include child custody/visitation, child and spousal support, exclusive use of property, and attorney’s fees
• Exchange Financial Disclosures
• Discovery
• Settlement
• Trial

Sometimes in both uncontested and contested divorce post-judgment issues may come up and need to be resolved (e.g. modification of child support).

No matter what your specific issue is, whether your divorce is contested or not, if you decided not to face this difficult time alone and be guided for your every step in this process by experienced attorney, we invite you to give us a call at (925) 385 8586 to schedule a free consultation with an experienced attorney who will answer all the questions you might have.

Legal Separation

Legal separation, unlike divorce, does not terminate the marriage and neither party remarry. However, it can be appropriate choice if you wish to separate your lives but want to remain married for religious or other personal reasons such as maintenance of medical insurance coverage or financial benefits available through your marital status. Unlike divorce, legal separation does not have waiting period. In California, a judgment of legal separation may be granted only if both parties consent or the respondent does not appear. So, you will still need to come to an agreement regarding child custody and visitation, child support, and spousal support. Unlike divorce, legal separation does not have waiting period.

To learn whether legal separation can be beneficial in your particular situation, give us a call at (925) 385 8586 to schedule a free consultation with an experienced attorney who will answer all the questions you might have.