Long Beach divorce lawyers
Nearly every single person will think about getting married. Most people will head to the altar at some point in time. Getting married is about sharing life with another person who shares your goals. However, after the first rush of happiness, a significant number of married couples find marriage isn’t right for them. Over time, a couple can easily grow apart. As they do, people often find it makes emotional sense for them to move on. A divorce is a useful way of resolving differences and letting both parties find another path.
While a divorce offers an ideal way to break up a relationship, it’s also about breaking what is a legal contract that covers many areas ranging from financial matters to how the couple chooses to raise their children. Under California state laws, those who get married enter into an agreement that is not only emotion but also has basis in law. Spouses are entitled to certain things under law. Divorce means getting rid of these legal ties in a formal manner. All those planning a divorce need to make sure the divorce is done legally in order to satisfy the state’s specific requirements. Working with Long Beach divorce lawyers can ensure that entire process of divorce proceeds correctly and the divorce is legal.
Understanding the Basics
The prospect of actually getting a divorce can be intimidating. Many people have never been through any kind of serious legal proceeding before. Signing papers and working with legal officials is not always easy. This is why having help from skilled legal counsel is vitally important. A legal professional knows how to assist all those during the divorce process. They understand that any choices made now can have an impact on the person’s life for many years. This is why proper preparation and an understanding of the law are truly important. A good lawyer can explain what will happen under law and why. They can also make suggestions about how best to work out all areas of the divorce. That includes everything from how best to split up all property to what kind of child custody arrangements should be set up now. In doing so, they can make sure that the party to the divorce has what they need in order to get what they want from this process. That can ensure that the divorce is completed as quickly as possible.
Working It Out
Sometimes a couple may simply walk away from a marriage. A couple might have been married for a year and then decide to break up. In that instance, the couple can file a few documents, speak with Long Beach divorce lawyers and get on with life. In other cases, the two parties may have been married for a much longer period. During this time, they might have purchased a house, started a career and had kids. The partnership is one of long standing with many legal complications. Under these circumstances, proper legal council is even more crucial.
Each party will need to think about how they want issues resolved. One party might want to sell a house while the other might prefer to stay there. One partner may want to move out of state and take the kids with them. A partner may have a business they wish to avoid selling or may want to continue to operate with their former spouse. All of these issues can and must be worked out ideally before the divorce is finalized. Both parties can expect this process to take time before the divorce can take place legally.
All details, major and minor may require careful legal consideration. For example, the two parties may not be in agreement over who gets to live with a beloved dog. Each party may also contest who gets to assume primary responsibility for their children. Working out where the children are going to live, what schools they will attend and what will happen in the event of an emergency can be complicated and unclear from the first. Long Beach divorce lawyers can help any client figure out what is in the best interest of their children as well as what is allowed by law.
The lawyer can also set up agreements that will apply in the future. For those with lots of issues, this can be crucial. Children’s needs change as they grow older. If the parents are divorcing while the children are young, parents need an agreement that can be changed and updated with ease. A lawyer can also set up other kinds of documents that allow both parties to consider any changes in life such as how assets will be managed if there’s a downturn in the market. That makes for a much easier divorce process.
When your spouse files for divorce, they will need to choose grounds, and the available grounds will vary depending on the state. If you don’t agree with the ground for divorce that your spouse has chosen, they can be changed, provided you both agree to this. For example, if your mercedes car lease is taken away, as a result of the divorce, this can be adjusted.
This will only come into play if you live in a state that has fault divorces. Quite a few states only have no-fault divorces, which means the divorce court won’t find either party at fault regardless of the circumstances behind the divorce. In this case, your spouse will need to choose irreconcilable differences as the grounds for divorce (irreconcilable differences is the most common term, although some states use slightly different terms that hold the same meaning).
What to Do If You Want the Grounds for Divorce Modified
If your spouse is filing for a fault divorce, he will have multiple grounds for divorce options available. As mentioned, states set the grounds for divorce and the requirements to meet those grounds. For example, two states could each have abandonment listed as a grounds for divorce, but have different minimum time frames for when an absence qualifies as abandonment.
The most common grounds for divorce that are found in most states include abandonment, adultery, criminal acts, cruelty and mental illness. These are far from the only grounds for divorce, though, and other options include drug or alcohol abuse and sexual issues.
Let’s say that your spouse has chosen grounds for divorce that you don’t agree with. The first thing to do would be to talk to your spouse about it and see if he will agree to change them. Keep in mind that spouses sometimes choose multiple grounds for divorce that fit the situation so there are other grounds to consider if the court rules one out. If you agree to accept one ground, your spouse may drop the rest.
If you don’t want to talk to your spouse directly, you can also have your divorce lawyer get in touch with your spouse’s lawyer to discuss the situation.
Your Leverage in Changing Grounds for Divorce
Even though your spouse is the one filing for divorce, you still have leverage in the situation. When your spouse alleges that you’re at fault for the divorce, the burden of proof is on him. He can’t simply declare that you committed adultery, or abandoned him or inflicted cruelty – he must prove it to the court and demonstrate that it was also the cause of your marriage ending.
Whether your spouse has a valid case or not, fault divorces tend to be much longer and more expensive than no-fault divorces. The only way for a fault divorce to go through is for the court to find in your spouse’s favor or for you to agree that you were at fault.
If you’re willing to admit to being at fault for different grounds than your spouse listed, it’s likely you could make a deal with him. For example, if you don’t feel that you were cruel but will admit to abandoning your spouse, there’s a good chance he’ll modify the grounds. He’ll still get the result he wants, which is you admitting fault, without a lengthy legal battle.
It will likely be more challenging to get your spouse to modify their grounds from grounds that indicate you’re at fault to no-fault grounds. If your spouse files a fault divorce, it may be so he can obtain more favorable terms from the divorce court, which means he’ll have incentive to push the issue.
Figuring Out the Right Strategy
Divorces can be complex, and it’s a good idea to have a qualified divorce lawyer to represent you as you go through the process. If you don’t agree with the grounds for divorce that your spouse chose, your lawyer can give you advice on how to proceed and possibly get those grounds changed. Your lawyer will also be a huge help when negotiating.
The good news is that you don’t need to accept any grounds that you don’t like. By holding out, your spouse may agree to modify the grounds to avoid going to trial, even if it means switching to no-fault grounds. Should your divorce go to trial, your spouse must prove his allegations, and you’ll have the opportunity to provide a defense.