Divorce Lawyer Near Monterey

Divorce Lawyer Near Monterey

Ending a marriage in California is not all that difficult and need not be expensive. There are several options, all of which can allow you to free yourself from your marriage even if your spouse is not interested in ending the marriage. California is the birthplace of no-fault divorce, after all, and led the charge to make divorce simpler and easier to obtain. However, you still want to seek help from a divorce lawyer near Monterey regarding your case. 

Divorce Law Covers Marriages And Domestic Partnerships

California has both marriages and registered domestic partnerships. Domestic partnerships are available to both same-sex and opposite-sex couples, as are marriages. No matter which arrangement you have, the options for dissolution of a marriage or a partnership remain the same: 

You can file for divorce. Because California law provides for no-fault divorce, you do not have to claim your spouse or partner did something wrong to get a divorce. You just have to say you have “irreconcilable differences,” which simply means you don’t want to be with your spouse anymore. It does not matter what your spouse wants.

You can file for legal separation. California maintains a website with instructions and forms for how to file for a legal separation. This is not a divorce – it does not end your marriage. However, it allows a court to formalize the rights and obligations of each party, such as child support, custody, spousal support, and property division.

You can file for an annulment. Annulment is fairly unusual. Basically, under an annulment, a court rules that your marriage or partnership is not legally valid – your marriage or partnership is over because it was not legal to begin with. Legally, it will be as if the marriage never happened.

What Are The Requirements For Divorce In California?

While getting a divorce in California is pretty easy, that does not mean it will not be complicated.  There are certain basic procedural requirements, of course. At least one of you must have lived in California for at least six months, and either you or your spouse also must have lived in the county where you file for divorce for at least three months. If you meet those requirements, you can file for divorce in the superior court where you are eligible to file. Once you have filed, it takes at least six months to finalize a divorce. 

There are, of course, other factors that can complicate a divorce. Agreeing with your spouse on division of property, custody if there are children, and childcare arrangements all can come into play. Also, because California is a community property state, everything you earned or bought during the marriage is divided evenly. Usually, this is not an issue, but for people with high income from different sources, such as royalties, things can get complicated. Just keep it in mind.

If You Are Contemplating Divorce, You Should Talk To a Divorce Lawyer Near Monterey

If you – or your spouse – have decided your marriage is over and files for divorce, or if you are thinking of filing, you shouldn’t go into the process without professional guidance. Divorce in California might be easy, but it isn’t simple. Talk to the divorce lawyers of Miranda, Magden & Miranda, LLP.