Category: Separation

Separation and divorce can be a very stressful and emotional time for all people concerned. Fortunately, there is a great deal of help available to guide people through the experience smoothly after a marriage has irretrievably broken down. A family lawyer offers certain benefits.

Separation and Divorce Represent a Time of Need

For many reasons, a marriage can break down to the extent that separation and divorce is the only solution for both people involved. If you’re sure that your marriage has gone beyond the point of mediation or help from counseling, it’s your right to petition for a divorce.

But you don’t have to struggle through it alone. And getting assistance can be vital to ensure you gain an effective custody arrangement, including a custody schedule, for your child or children.

Legal help can be an invaluable aid, whether your separation is an amicable split or the result of unreasonable behaviour from your ex-partner. By letting a family lawyer handle the legal proceedings, you can take a weight off your mind and concentrate on other important matters in your life.

Knowing Procedures and Your Rights

The most important thing to do when starting divorce proceedings is to make sure you are fully informed about the procedures involved, as well as your rights.

Even if the decision was a difficult one to make, dealing with your divorce doesn’t need to be, with family lawyers available to help you every step of the way. That help may be needed to deal with complicated issues involving the dividing of property and assets or custody of children.

By choosing a family help lawyer to take care of your divorce, you won’t have to deal directly with ex-partners or get bogged down in legal terms. Divorce is often the first experience of the legal system for many people, and family lawyers are there to help you make sense of the proceedings.

Benefits of Hiring a Family Lawer

While most people are aware of the costs of hiring a family lawyer — most notably, the expense and possibility of ongoing legal conflict — benefits also exist. Otherwise, people wouldn’t do it.

When you involve a family lawyer, it becomes much easier to find out about your rights and options. As well, you learn about the legal procedures involved if your divorce goes to court.

You can help the process to start early by providing your solicitor with as much information as needed from the outset, including documentation on assets and income if these are relevant. You can also help ensure that both you and your divorce solicitor get the most out of your meetings by planning any questions to ask ahead of time.

Family lawyers are committed to helping you get through your divorce as smoothly as possible and with the best financial and custody outcomes. By choosing experienced and conciliatory divorce solicitors to guide you through the legal process, you can reduce the stress of your separation and enjoy a new lease of life.

If you’re a parent going through separation or divorce in California or another state with similar laws, you should know that the divorce laws can affect what happens with child custody. Here is an outline of the key legal points for separating parents.

No-Fault Divorce

California, along with other states such as Colorado, has a modern approach to the problem which we’ve customarily come to know as divorce.

In fact, the State doesn’t use the phrase any longer in the legal parlance; this course of action is labelled as a “dissolution of marriage” process. This particular change is actually part of an effort by California lawmakers to foster a legal environment that facilitates cooperation and pragmatism.

Consequently, California is a no-fault divorce state. You can’t file for a dissolution of marriage based mostly on the reason of fault. The only grounds which are acknowledged are irreconcilable differences and, additionally, incurable insanity.

The State would rather that married couples that are divorcing figure out an arrangement voluntarily that they both find acceptable, and this is going to be particularly true when ever there are children involved.

No-fault divorce means courts do not have to consider the “bad behavior” of parents except in custody matters. While marriage impacts are ignored, certain behaviors could impact on the ability of a parent to raise a child or maintain an effective co-parenting relationship with the other party.

Contrast with At-Fault Divorce States

Within states where at-fault divorce proceedings are allowed, allegations of marital wrong doings could possibly impact judgements of the court on the subject of issues for example spousal support and even child custody. This certainly does create an incentive to allege fault. Yet, on many occasions, any behavior that may be specified wasn’t the true reason for the relationship breaking down.

Suggestions of fault cause a lot of ill will and also bad feelings, and not many if any situations can be exclusively attributable to the activities of just one person.

The moment the judge needs to settle custody issues in an adversarial environment, one or quite often both of the partners are inevitably likely to feel as if they were not dealt with fairly. This type of lingering unhappiness will be an issue that will negatively affect any children plus make it challenging for the former spouses to communicate going forward.

Finding Common Ground

Ideally, parents can agree on custody. A high priority is agreeing on a suitable custody schedule, such as joint custody or a 70/30 schedule. Having a judge choose a particular timetable could result in both parties being inconvenienced and one party seeing their child or children too infrequently.

The great news is that most partners can and do discover common ground and move through the dissolution of marriage proceeding having agreed on the conditions. Some 95% of divorce or dissolution procedures are usually uncontested, and the progressive nature of the no-fault procedure helps to encourage the kind of cooperation that makes this achievable. The other 5% does remain and the court is there to make the final judgement any time no arrangement can be arrived at.

If you are going through a divorce or dissolution of marriage action in California, the only responsible way to proceed is with an experienced Californian custody attorney representing you. A good divorce attorney can offer the assistance you’ll need.