Las Flores Divorce Attorney

Divorce Requirements in California

California is a no-fault state, which means the spouse filing for divorce doesn't have to prove any wrongdoing that led to divorce. Instead, they can obtain divorce by citing irreconcilable differences that led to a breakdown of marriage or permanent legal incapacity of the other spouse to make decisions.

A person seeking divorce must also fulfill California's residency requirements, which means that either spouse must have resided in the state for at least six months and in the county where the petition is filed for at least three months.

Moreover, California has a minimum waiting period of six months before a divorce is finalized. This time period starts once the petitioning spouse serves the respondent. The court grants this time to the spouses for reconciliation, preparing for the case, or creating a mutual agreement.

Resolving Divorce in California

The spouses may negotiate, mediate, or litigate the following issues in their California divorce:

• Child Custody & Visitation- Child custody matters can be very complicated, especially if the parent's needs conflict with the best interests of the children. The primary residence of the child and visitation rights of the noncustodial parent are determined in child custody cases. Unless the parents create a parenting plan, the judge will consider the child's best interests before making a custody and visitation order.
• Division of Community Property- California follows community property laws, which include all properties acquired during the course of marriage. After proper characterization, community property is subject to equal division between the spouses. All assets and debts accumulated from the date of marriage to the date of separation are deemed community property, with the exception of inheritance and gifts. On the other hand, the separate property of the spouses is not subject to division. Separate property includes gifts, inheritance, and all properties acquired before the date of marriage and after the date of separation. Divorces, where high net worth assets like a family business or marital estates are involved, can be extremely complex
• Child Support - Las Flores divorce attorney Binoye Jos can resolve issues regarding child support. We can help the custodial parent exercise their rights to receive payment from the noncustodial parent for the child's living expenses. We also represent noncustodial parents to ensure they pay a just and fair amount of support.
• Spousal Support- California Family Code § 4320 talks about spousal support. Spousal support is usually provided in long-term marriages where there's a substantial disparity in income or earning capacity between the spouses. Our divorce lawyers in Las Flores can create spousal support agreements that are in our client's best interests and protect their financial rights.
• Domestic Violence & Restraining Orders - Many divorce cases involve some form of abuse. In such a case, our Las Flores divorce attorney can put an end to the violence and obtain a restraining order. Depending on your circumstances, we'll obtain a temporary or permanent restraining order that protects you and your loved ones.
• Modification of Orders- The court has the power to alter an existing child custody, child support, or spousal support order if circumstances have changed considerably since. Our attorneys can represent clients and present a compelling case that proves the change of circumstances and why the proposed change is just. We have also successfully defended modification pleas for our clients.

At Jos Family Law, we believe that all issues in a divorce can be resolved when both spouses engage in negotiations in good faith. This helps create an agreement that preserves both their rights and obligations.

However, if your ex-spouse is acting in bad faith or uncooperative, our Las Flores divorce attorneys are ready to present a robust case and obtain a favorable outcome.