Divorce Lawyer in Lancaster, CA
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Lancaster Divorce Attorney
Seeking a Divorce in the Antelope or Santa Clarita Valley?
Divorce is never an easy decision, nor is it an easy process, especially if there are children involved. When you are considering filing for divorce in California, it’s important that you have a qualified Lancaster divorce lawyer on your side that can help you throughout every step of the process and work to alleviate the legal issues you face. With The Jimenez Law Group, APC, you don’t have to worry about being taken advantage of in your divorce case.
What Does No-Fault Divorce Mean in California?
Like many other states, California is a no-fault divorce state. This means that when a couple wants to file for divorce, neither spouse must prove any fault of the other spouse for the court to grant the divorce. One spouse must simply claim “irreconcilable differences” and that the marriage is beyond repair. Both spouses do not need to agree on this matter for the divorce to be successful. Only one spouse needs to state it.
Furthermore, many no-fault divorce states allow the couple to present “faults” of the other spouse in order to help determine other matters such as property division, child support, child custody, etc. However, according to California divorce laws, the courts don’t take those factors into consideration. This makes it a “pure” no-fault divorce state.
What Are Grounds for Divorce in California?
“Irreconciable differences” is not the only grounds for divorce in California. Another ground for divorce is “legal incapacity” or “incurable insanity”. This is rarely used as the burden of proof is high and it requires more time in court and more legal expenses.
Legal Matters Resolved in a Divorce
Divorce proceedings decide the outcome of many different aspects of your life and your spouse’s life
California and Los Angeles County Courts Decide the Following in a Divorce or Separation:
- Child Custody and Visitation
- Child Support and Spousal Support
- Property Division
All of these matters can have a massive impact on your future. That is why it is important to have an experienced and certified family law specialist you can trust on your side throughout the process
What Is Legal Separation in California?
California also allows married couples to file for legal separation. This follows most of the processes of divorce (property division, child custody, etc.), but the couple will remain legally married.
This allows them to live their lives as if they were divorced but maintain many of the benefits that marriage offers (insurance, veteran’s benefits, social security benefits, etc.)
Does California Require a Legal Separation before Divorce?
While some states do require couples to file for a legal separation before a divorce, California does not. Those who wish to file for divorce can do so without first being legally separated. Additionally, if a couple is in the process of legally separating and decides to move forward with a divorce instead, an amendment of the initial petition can be made.
However, it’s important to note that converting a legal separation to divorce, will change the proceedings and the residency requirements must then be met.
What Are The Residency Requirements for a California Divorce?
California Family Code § 2320 outlines the residency requirements for a couple who wishes to get a divorce in the state. Exceptions to this rule exist for marriages being annulled, legal separation, and those in a same-sex civil union or domestic partnership.
The Residency Requirements Are as Follows:
- One spouse must have resided in the state for a minimum of six months.
- That spouse must have resided in the county where the divorce is filed for at least three months.
While the Defense of Marriage act has been overturned, allowing for same-sex marriage and divorce in any state, couples who opted for a civil union or domestic partnership arrangement before the historic ruling can still run into legal issues when separating. Those in a same-sex non-marriage partnership must have entered into their formal relationship in California in order to apply for divorce. In some cases, if a same-sex couple’s current state of residency refuses to grant the divorce, then California may grant it instead.
How Long Does a Divorce Take in California?
The California divorce process can take at least 6 months, as that is the required waiting period the state mandates before a divorce can be finalized. Additionally, if the divorce is contested, specific matters can’t be agreed upon, or there are more complex issues that must be handled, the divorce proceedings can take longer. That’s why it’s best to consult with an experienced and professional divorce lawyer in Lancaster, CA who can answer any questions you may have.
How Much Is a Divorce in California?
The cost of divorce in California will really depend on the complexity of the case and whether it is contested or not. Typically, the longer the divorce proceedings, the higher the cost.
Factors That Can Influence the Cost:
- If the couple have children which will result in a child custody agreement needing to be made
- If the couple has a complex estate or high-net asset worth which could complicate the property division process
- If the couple has to go to court for litigation of their divorce, instead of through mediation or a collaborative divorce
- If the couple disagrees in matters pertaining to spousal support
Providing Experienced & Compassionate Legal Representation for Your Divorce
Our law firm offers family-oriented legal services, meaning that we do everything in our power to keep your best interests and the best interests of any children involved at the forefront of the case. Contact us if you are in need of a divorce lawyer in Lancaster, CA. We are focused on providing our clients with thoughtful divorce representation and have helped hundreds of clients reach solutions.
Contact The Jimenez Law Group, APC today to schedule a consulation with our divorce attorney in Lancaster, CA.
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