Pasadena Divorce Lawyers
When a couple decides a marriage is permanently broken and choose to seek a divorce, it is an event that will bring with it much stress and emotion. However, it is still important that those who are getting divorced seek out experienced and knowledgeable legal representation. Depending on the couple’s situation, there could be issues such as child custody, child support, visitation, property division, and other matters that need to be worked out to everyone’s satisfaction. Since the decisions made during divorce hearings will impact the lives of people for many years, turn to Pasadena divorce lawyers you can trust to handle your case with care and compassion.
No Fault State
If you are seeking a divorce in California, one bit of good news is that the state has a no-fault rule concerning divorce. By this, it means the spouse who files for divorce is not required to produce evidence proving the other spouse guilty of misconduct. In most situations, the couple uses the grounds of “irreconcilable differences” to dissolve the marriage. Since this can encompass a large array of issues, courts in California rarely make this an issue during the proceedings.
Along with California being a no-fault state, it also does have residency requirements for couples wishing to obtain a divorce. To be granted a divorce by the courts, one or both spouses must have had legal residence in the state for at least six months. In addition, one or both spouses must have resided in the county where they file for divorce for at least three months. Since questions could arise regarding a person’s residency within a county and the state, you should always have a Pasadena divorce lawyer working for you who will protect your rights each step of the way.
Length of Divorce Process
When a couple decides to get divorced, they almost always want it done and over with as quickly as possible. However, in the state of California, a minimum of six months is needed to dissolve a marriage. Keep in mind that in most cases it often takes much longer than this, especially if other issues such as child custody, support payments, or division of property are contested by one or both spouses. Therefore, it is best to be prepared for a lengthy divorce process before you are ultimately single once again. Since there may be numerous matters that will need to be addressed during your divorce process, hire a Pasadena divorce lawyer who will put your interests first and make sure you get a divorce settlement that is fair in every sense.
Pre or Post-Nuptial Agreements
In some instances where couples get divorced, there are pre or post-nuptial agreements in place that can sometimes lead to even more confusion. Though these agreements are done with the intention of clearly spelling out how property will be divided up and other related matters, they sometimes lead to even more trouble among both parties. This can happen if one spouse declares they signed the document under duress, the information contained in the agreement is false, or the terms of the agreement are simply too unreasonable to be enforced by the courts. If you signed a pre or post-nuptial agreement prior to or during your marriage, don’t assume the terms of the agreement are set in stone. By hiring knowledgeable Pasadena divorce lawyers who have a track record of success with such agreements, you can emerge from your divorce with your finances intact and be ready to move forward with the next phase of your life.
In California, every effort is made to get couples to settle their divorces outside of a courtroom. Most of the time, this means using mediation hearings as a way to discuss the divorce and come to an agreement on support payments, child custody, and other important matters. During mediation, always remember you are still allowed to have your Pasadena divorce lawyer present. In doing so, you can ask questions, get clarification of various matters, and allow your lawyer to negotiate on your behalf. Often a very effective way to reach agreements on key issues, mediation allows you to maintain much more control over how decisions are made about your life, and also lets you keep your divorce discussions from becoming a matter of public record.
If you have tried all you know to save your marriage but now realize the end is near, do not simply hand over your case to the first attorney you find. Instead, contact Pasadena divorce lawyers who can answer your questions in simple terms, will fight hard to protect your legal rights as a parent, and who will make sure you get a financial settlement that will allow you to maintain your standard of living. To get started, schedule your consultation today.
How do I find out if divorce papers have been filed?
When someone files for divorce, they are required to serve their spouse. How this service occurs, and when, is somewhat open. There are multiple methods by which you can be served, and there is a period of time during which they can serve you, usually anywhere from 30 to 120 days after the divorce was filed. While most people would want to serve their spouse as quickly as possible, so the divorce can move forward as quickly as possible, some are in no rush.
There are a few ways you can find out if your spouse has filed for divorce, other than being served with papers.
Ask your spouse
If you know how to contact your spouse, and you have a safe (no abuse) and somewhat civil relationship with them, you can simply ask if they’ve filed for divorce. Unless they are trying to commit fraud and hide the divorce from you, they should tell you honestly.
Ask your spouse’s friends or family
If you don’t know where your spouse is, or your relationship with them doesn’t allow for easy communication between you, but you do have a good relationship with someone they are friends with or related to, you can ask them. Friends or family may not always be honest with you, so this may not really do anything to answer your question, but it’s worth a shot. If you believe that they’re not being honest with you, you should definitely try another way to get a confirmed answer.
Ask your spouse’s attorney
You and your spouse may have already decided to divorce, and perhaps you even had some of the details worked out. So you know who they hired as their attorney. While their attorney does have to consider confidentiality, they may tell you if your spouse has filed for divorce.
Check with the county courthouse
This is probably the easiest, and most productive, way to find out if divorce papers have been filed. It cuts out any possibility of anyone lying or refusing to answer the question, and it requires only a little information. Usually, to find out if divorce papers have been filed, you only need your name, your spouse’s name, and possibly your dates of birth. If you live in the same county, you’ll just need to check with your county courthouse, but if your spouse lives in a different county, you’ll want to check the county courthouse where they live.
Many courthouses and clerks of court now have websites with an online case and/or record search. This allows you to search from your home or library and see if there are any cases filed with your name or your spouse’s name. In some cases, some of the paperwork may even be available to view online.
Go in person
You can also go in person to the county courthouse and speak to a clerk to find out. They’ll check their records, and you can get copies of the paperwork, if it has been filed.
Calling is another option. However, they may be busy and not search as thoroughly or carefully, so you may not get the correct information. An online search or going in person is a better idea.