Carson divorce lawyers
If you believe you are on the verge of a divorce, then you should start planning for it. The inevitability of your divorce is not something to be accepted lightly. It may cause you a great deal of pain, anguish, and anger. But you cannot allow these feelings, no matter how intense, to interfere with your ability to reason. And reason you must if you are to achieve a divorce settlement that is fair.
The first thing you should do is hire a divorce lawyer. Divorce is the legal dissolution of your marriage. You should have someone in your corner who knows the law and will use it to get an outcome that is in your favor. A divorce lawyer will fight to preserve your financial interests and paternal rights. And although your lawyer will have the experience and expertise to deal with some of the most difficult issues in your divorce, you should do your utmost to help them.
Knowing the process of divorce and taking certain prudent actions will help your attorney help you. Here are some tips on what to know and what to do:
1. You can file for any reason
California is a “no-fault” divorce state, which means that the party seeking a divorce does not have to provide a reason. However, if your spouse has cheated, beat you, or spent family money on gambling, drink, or drugs, it could have a bearing on the judgments made by the court as the proceedings unfold. You should gather evidence of such wrongdoing and keep it in a safe place.
2. Residency and timing
To divorce in California, you or your spouse must be resident in the state for at least six months. You must file through the superior court. The relevant paperwork should be drafted according to certain rules and guidelines. Your divorce lawyer will do this for you. There is a strict six-month waiting period until the filing is finalized. There is no getting around this waiting period.
3. Summary dissolution
The state of California does offer the option of a summary procedure. You and your spouse can get a summary dissolution if you have been married for less than five years, have no children together, own less than $41,000 in joint property, and own no house or other real estate.
4. Protect yourself
If you know that you are getting a divorce, then you should start thinking about yourself and your children.
First, do not leave the family home if you have children. The moment you separate yourself from your children you cede custody ground to your spouse. Nor should you leave the house with your children, as this can disrupt their routine and have a long-term impact on their ability to adjust. If the marriage has deteriorated to a point that makes it impossible for the two of you to live together, then they should be the ones to move out.
Second, open a personal bank account. If you have been drawing only on the joint account, you should take half of the money in it and put it into an account that is solely in your name. You will need something to live on during the divorce process, and you cannot count on your spouse. If the two of you can work out how much money needs to be in the account to pay the bills, then you may at a future point put some of this money back.
Third, cancel joint credit cards. You need to start establishing your financial independence. Cancelling joint credit cards and applying for your own credit card is one of the most important steps toward this goal. And besides, you need to protect yourself against the possibility that your ex may run up expenses on the joint credit card out of spite.
Fourth, cut back on expenditures. You will need to live more frugally in the near term. Soon you will no longer be living on two incomes or, if you are a homemaker, the income of your spouse.
Fifth, secure all vital documents. You should gather together bank statements, tax documents, investment statements, W-2s, passports, etc. and put them in a safe place.
5. Diving assets
California is a community property state. All assets and debts acquired during the marriage will be distributed evenly in the divorce. This includes property acquired before the marriage that increased in value during the marriage because of your efforts or contributions.
6. Child custody
If your spouse is a good parent, you should ask for shared custody. This will allow you to work out a visitation schedule that works for everyone. Judges lean toward shared custody anyway. In the eyes of the law, children have a right to have a relationship with both parents. The sooner you can make arrangements the sooner a judge can review and approve them.
If you are the primary carer, you will receive child support. The amount ordered will depend on the children’s ages, your spouse’s net income, and many other factors.
Going through a spouse’s infidelity is never pleasant, and many people turn to the law to seek justice in these cases. If your partner has cheated on you with another woman, you may be wondering whether or not you can sue her for her actions. This type of lawsuit was far more common in historic times, but some regions still allow you to sue someone for engaging in an affair with your partner. Keep reading to find out if you can sue the other woman for breaking up your marriage.
Which States Allow You to Sue the Other Woman?
Though you might have heard a lot about lawsuits involving suing the other woman, keep in mind that they are a little more rare than you might think. The majority of the states in the United States have struck down laws that allowed people to sue a person who stole their spouse. There are currently only seven states that still allow these sorts of cases to proceed in court. If you live in Hawaii, Illinois, Mississippi, New Mexico, North Carolina, South Dakota or Utah, you still have the chance to make the partner in your spouse’s affair pay.
The type of lawsuit you can file will depend on which of the states you live in. In some regions, spouses can file for an “alienation of affection” suit. This is the most commonly known type of suit due to high profile cases like the one that involved a North Carolina woman winning 9 million dollars.However, there is another type of civil tort claim that you may be eligible to file in certain states. This is called a “criminal conversation” suit, and it may result in slightly higher damages paid. You will probably need to talk to a lawyer to find out which option is best for you.
How Do You Use a Criminal Conversation Case to Sue Someone?
The name might imply that this is a sort of criminal case, but criminal conversation is actually a matter brought up in civil courts. This means you cannot try to get the other woman jailed for her actions. However, if you win this type of case, the defendant may be required to pay you damages. Damages may include money to compensate you for your loss of marital affection, money to compensate for mental pain and suffering, and compensation for the loss of spousal support. In many states, the defendant may also have to pay punitive damages which are essentially just extra fines meant to punish them for their behavior.
A criminal conversation suit primarily revolves around proving that the defendant did in fact commit adultery with your spouse. In order to win this sort of lawsuit, you will need to have plenty of proof. Requirements can vary from state to state, but most locations will require you to meet these criteria:
- Show you were legally married to your spouse during the event.
- Prove that your spouse and the other woman actually had sexual intercourse.
- File the lawsuit within the statute of limitations. This will change depending on state, but you generally need to file the suit within three years of the adultery.
- Prove that you did not give consent for your spouse to engage in extramarital sexual contact with others.
- Show that you were not separated when the act occurred.
What Are the Requirements for Proving Alienation of Affection?
Even if you cannot file a criminal conversation case, you may be able to sue the other woman with an alienation of affection case. Alienation of affection suits can be filed against anyone who might be responsible for a breakup, and you do not necessarily need to prove that the people involved were having actual sexual intercourse. Depending on the state you live in, alienation of affection suits can result in very high amounts of damages being reward to you.
Precise rules can vary depending on which location you live in, but most states generally require you to prove that:
- You were in a happy and loving marriage with your spouse prior to the event.
- You are no longer in a loving and affectionate relationship with your spouse.
- The defendant intentionally and maliciously did something to alienate you from your spouse.
- You were damaged by the defendant’s behavior.
What Should You Do If You Want to Sue the Other Woman?
If you are interested in suing the other woman, you should start by making sure you meet all of the requirements, such as being legally married to the spouse and being within the statute of limitations. Keep in mind that a lot of details about your relationship and the affair will come out, so be prepared to air a lot of personal information in court.
Depending on your situation, it may be helpful to get in touch with a private investigator who can find proof of the cheating. This sort of case is somewhat rare and involves older laws, so it is necessary to get a talented attorney who has a lot of experience with the laws in your specific state. Having professional help will make it easier to navigate all the complexities of these unusual cases. Depending on your location and your unique situation, you may possibly be able to get a substantial amount of money by suing the other woman who ruined your marriage.