Pasadena Divorce Lawyers
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.