California Divorce Attorney - Divorce Law Expertise
Hire the best California divorce attorney based on performance and a track record for handling California divorce law litigation. Narrow your search to southern California divorce attorney practices nearest to you.
Fast & Easy DIVORCES Online - State Requirements
Guide To Divorce Laws
While divorce laws are state specific (like California or New York), divorce practices and judicial interpretations tend to be local.If you live in or near Los Angeles or San Diego and need a California divorce attorney, you will want to focus your search for a southern California divorce attorney who is familiar with southern California divorce practices.
California is a cutting edge jurisdiction for many new areas of law, including California divorce law. California is a community property state which, in terms of a California divorce, means that all property acquired during the marriage has to be divided equally between the marital parties according to property law unless there is an agreement between the parties to the contrary. Otherwise, residency requirements, grounds for divorce and child support and child custody closely follow the divorce laws of other states.
In order to file a petition for divorce in California, one of the spouses must have resided in California for a continuous period of 6 months and for a continuous period of 3 months in the county where the divorce petition will be filed.
California divorce law allows a divorce for "irreconcilable differences" which is the same as no fault divorce allowed in many other states. Under the "no-fault" standard of "irreconcilable differences" if one spouse wants a divorce, the other spouse cannot stop it. The California Family Code sets forth the guidelines for the awarding of alimony, generally based upon the length of the marriage.
In terms of children and divorce, child support under California law (Agnos Minimum Child Support Standards Act of California) is based upon a percentage of income of the non-custodial spouse.
If your separation and divorce is simple, with minimal marital assets, no children and mutual consent by the parties to the divorce, it may be possible to cost effectively complete a divorce settlement without an attorney. Otherwise, if there are complications involving money, assets or custody, it is recommended that a California divorce lawyer be retained. While there are many public (ABA, California State Bar Association) resources to tap into to find a qualified California divorce lawyer, word of mouth from family, friends and associates is always an avenue that should be considered.
Although time consuming and tedious during an emotional time in your life, it is wise to personally interview prospective divorce attorneys to determine at the very least whether you can communicate with the lawyer. Other important questions to a prospective divorce lawyer include experience, references, fees and estimated time to complete the entire divorce process.
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