Huntington Park Divorce Lawyers
Divorce is a highly stressful situation for former spouses and their children. In Huntington Park, California, you can dissolve your marriage if you have come to the conclusion that your relationship is just not worth salvaging anymore. When you have decided divorce is your only option left, you can consult with a highly skilled Huntington Park divorce lawyer. It’s important to know what your attorney can do for you during this time.
Explain Grounds for Divorce
One of the first things your divorce lawyer can do for you is to explain the grounds for divorce in your state if you don’t already know this information. California is a no fault divorce state, which means that you don’t have to state any specific grounds for wanting a divorce such as adultery. You can simply state that you and your spouse have irreconcilable differences and want to end the marriage.
An experienced Huntington Park divorce lawyer will ask you the right questions pertaining to your relationship. For example, they may ask you whether you and your spouse are living apart and the length of time you’ve been living apart. In general, you don’t have to be living separately for any particular amount of time, but there is a six-month waiting period before a divorce can be finalized.
Provide Objective Advice
A Huntington Park divorce lawyer can provide you with objective expert advice. If you were to represent yourself in your divorce case, it could become tricky due to the personally emotional nature of it. You need someone who is not personally involved who can objectively discuss the factors that can affect your future during and after the divorce. Matters such as spousal support, child custody, child support and visitation rights are always extremely touchy. A divorce attorney can make things easier for you and help the process go more smoothly.
Assess Marital Assets
A divorce attorney will properly assess the marital assets of their client. This is necessary in order to ensure that you and your ex have things properly distributed during the course of your divorce. Unfortunately, in some cases, a spouse may hide the true extent of their assets or debts from the other party. These things are always addressed when you have a divorce lawyer.
Explain Division of Property
Your Huntington Park divorce lawyer can explain the division of property during a divorce. While you may have brought your own property into the marriage, it may be considered marital property. However, if you and your spouse have a prenuptial or postnuptial agreement, certain property or even all property may remain separate. Your lawyer can explain the nature of your property.
Determine Spousal Support and Additional Benefits
Your divorce lawyer can determine whether you or your ex are required to pay spousal support or receive it. Spousal support, also known as alimony, is ordered when one spouse earns a considerably higher income than the other or when the other doesn’t work. The divorce attorney can also find out whether you are entitled to benefits such as continuing health insurance plans, business interests or even pension and Social Security if your marriage lasted at least 10 years.
Help with Custody Planning
A Huntington Park divorce lawyer can also help you with devising a parenting plan for custody that works for both you and your former spouse. They will help you to realize that all matters decided pertaining to custody and visitation are determined based on the best interests of the child.
Prepare Divorce Papers
Preparing the divorce papers is one of the biggest priorities your attorney has before your divorce can be finalized. They can help you to either prepare or respond to the petition for divorce before the papers are submitted to the court for approval.
Negotiate a Settlement
Your Huntington Park divorce lawyer can help you to negotiate a settlement on the marital estate during the proceedings as well. In some situations, your attorney can help you to avoid going to court to settle, which is far better than if you represented yourself. It is also a cheaper option and can be done with a level head with a lawyer.
Represent You in Court
If your divorce case has to end up in court because you and your ex cannot amicably agree on matters such as spousal support, child custody and visitation, your divorce lawyer will prove absolutely essential in helping you litigate.
Will I need my marriage license in order to file for divorce?
When your marriage is over and you’re not able to stay married to your spouse any longer, divorce is the most logical step. Making the decision to end your marriage is never easy for anyone. There are many questions you’ll ask yourself as you go through the process, including how you can handle your finances, your kids, and your life following the end of your marriage. It’s a scary situation to go from being married and doing life together even if it’s unhappy to being single. When you finally make the decision to end your marriage, however, it’s time for you to file the paperwork.
Many people find themselves putting this off because they’re not sure what they need. They know they want to file, but they’re not sure how they do it and what kind of paperwork they must have on hand to do it. One of the most commonly asked questions people have is whether they need a copy of their marriage license to file for their divorce. The answer is no. You do not need a copy of your marriage license. You need only have the date of your marriage.
Filling the Paperwork
You needn’t provide a copy of your marriage license to file the paperwork for your divorce. You need nothing more than the paperwork and your photo identification when you go to the Clerk of Court’s office to pick up the papers. You’ll fill out the papers in their entirety, and you’ll submit it to the court. Once it’s submitted, you have nothing left to do but wait. The court files the paperwork, issues a notice, and they hire a process server to take the divorce paperwork to your spouse to let them know what you want.
Your spouse has a specific number of days following the delivery of this paperwork to respond. They will need to decide whether they want to agree with you about what’s in the papers or if they want to dispute what you’re asking for. You get to discuss what you want in terms of custody of the kids, financials, and everything else. You can make it easy by asking for nothing or agreeing to split it all down the middle, or you can ask for all of it.
Your spouse then has the right to agree to this or respond with the paperwork of his or her own asking for what he or she wants. This will proceed into mediation. If your spouse responds immediately, the process is a bit faster. If he or she decides they want to make things more complicated, they can wait until the very end to file their response. You can make things easy on one another or difficult, and that’s your choice.
Hire an Attorney
If you have additional questions, you can call an attorney. You aren’t required to hire a divorce lawyer. You can do this on your own, but it’s always helpful to have someone on your side when things are going through the court. The attorney you hire can help you figure out what you need, when to file, and how to respond to the demands of your spouse when they’re issues. You don’t need to go through divorce alone.