Divorce Attorney in Diamond Bar Serving Throughout California
Divorce is ranked as one of the most stressful events that someone can experience. If you’re facing divorce, then not only is your significant relationship ending, but you’re also facing the prospect of fighting over custody of your children, the amount of child or spousal support, and the allocation of your assets. Don’t go through this process without help. Contact the compassionate and effective family law attorneys at Blasser Law to help you through the divorce process.
California is among the majority of states that have rejected the fault-based system for divorce, opting instead for a no-fault system. In our no-fault system, evidence of wrongdoing in the marriage isn’t used to obtain a divorce, or even to affect entitlement to or the calculation of alimony. This allows you to avoid having to testify to painful private incidents between you and your spouse in open court, though it may be frustrating to a spouse who feels wronged.
Instead, California divorce petitioners will choose between two options for the grounds for divorce on the petition filed with the court:
- Irreconcilable differences: this is by far the most common reason cited by couples. Spouses need not explain what, exactly, those differences are; the court will assume that the reasons were significant without evidence from the parties.
- Permanent legal incapacity: On rare occasions, this reason for divorce applies where one spouse becomes disabled due to an accident or illness. The spouse requesting a divorce will need to present testimony from an expert on the incapacitated spouse’s current condition, as well as showing that it is highly unlikely that the spouse will ever gain back their mental facilities.
Process of filing for divorce
- Filing a petition: If you decide to file for divorce, rather than leaving that task to your spouse, you will need to complete and file a summons and petition for dissolution of marriage, along with the court forms that accompany these documents. Only after the petition is filed with the court will the petition need to be personally served on your spouse. Divorce litigants often choose to hire a professional process server for this task to ensure the petition is served according to the law.
- Answering the petition: Your spouse will be required to file an answer to the petition within a specified time limit. If your spouse fails to answer, then you may obtain a divorce by default. A divorce by default brings its own challenges, and if your spouse changes his or her mind, that party may later file to vacate the default judgment.
- Temporary custodial orders: If you have children, you can file a request for temporary orders on child custody and support either along with your petition for divorce or after the petition has been served on your spouse, which will govern the period between filing and finalization of your divorce. These documents require you to make financial disclosures, as well as a suggested custodial arrangement. The court will schedule a hearing to consider the application for a temporary child custody and support arrangement, where you and your spouse will have an opportunity to testify about your desired outcome.
From here, the divorce will progress through discovery, motions, and, ideally, settlement discussions. You may wish to consider mediation, and an experienced divorce attorney can explain the process and whether it might be a good solution for you and your spouse. Should you fail to settle your disagreements out of court, the judge will hold a trial to decide any remaining issues.
An attorney can handle the paperwork and assert your legal rights on your behalf
As you can see, there are a number of important and complex aspects to a California divorce. Failing to complete court forms and legal filings correctly can result in you losing the right to seek certain forms of relief. At Blasser Law, our attorneys have the knowledge of the court system and experience necessary to ensure that you receive a fair and just outcome through every stage of your divorce. Our attorneys can help you create a custody arrangement that suits you and your spouse, and we will fight to ensure that any support awarded by the court will be acceptable for your household budget. We’ll fight to ensure that a division of property allows you to retain treasured possessions and accurately represents your financial contributions during a marriage. Let us help you through the stressful legal aspects of a divorce so that you can focus on building your new life.
For assistance with a divorce or custody dispute in California, contact the seasoned, effective, and dedicated Diamond Bar family law attorneys at Blasser Law for a consultation, at 909-843-6363.