If you and your spouse cannot reconcile your differences and wish to end your marriage, divorce is the next step. Although this process may seem daunting at first, it is manageable with the help of the right lawyer.
At the Law Offices of Michael D. Iverson, APC, our respected attorney listens to your story and advances your goals from start to finish of the legal process. He educates, advocates, negotiates, and litigates in your best interests. You can trust that we will keep you updated on your case from start to finish. We will also thoroughly explore your options with you so that you can make an educated decision on what is best for you and your loved ones.
What sets us apart?
- Individualized attention: All representation is based on the unique goals of each client.
- Efficiency and effectiveness: We're committed to resolving each case as quickly and effectively as possible.
- Lasting relationships: We focus on building relationships established on trust.
- Excellent communication: All consultations are confidential, and we keep you updated throughout your case.
Call (951) 418-2770 or contact us online today to get started. We take a personalized approach to every case we take on.
Divorce Matters We Regularly Handle
The decision to divorce a spouse is rarely an easy one and children are often caught in the middle of disputes. The emotional and financial tolls taken are especially heavy, clouding an entire family's future. The good news is this: an experienced, compassionate divorce attorney can show you and your children the path to peace of mind and a brighter tomorrow.
Our attorney is backed by over 10 years of experience handling the following, and more:
- Child custody
- Visitation
- Child support
- Spousal support
- Marital assets and property division
- Prenuptial and postnuptial agreements
- The roles of domestic violence, substance abuse, and personality disorders in divorce
What Are the Requirements for Divorce in California?
Because California is a no-fault state and you do not need to state the grounds for the divorce, the process first begins by filing your petition in court. There may be other various forms that the local courts require from you. The summons must then be served to your spouse, who will have 30 days to respond to the petition.
Other considerations to make:
- Gather all of yours and your spouse’s financial records
- Decide whether or not you need temporary spousal or child support
- Consider whether if your divorce will be traditional dissolution or a summary dissolution
- Attend any mandatory court hearings
At minimum, you will need to wait six months before the judge can issue a final decree of marriage dissolution. California law requires this waiting period, which begins on the day that you filed your petition.
Residency Requirement
To be able to file for divorce in California, one spouse must be a resident of the state for at least 6 months or 180 days.
Once you file your paperwork, you must wait 6 months from the date your spouse is served before the divorce can be finalized.
Divorce vs. Legal Separation
California is one of the states that allows the option of legal separation. Like divorce, you still make decisions regarding property division, child custody, and child and spousal support. However, as an alternative to divorce, legal separation differs in one crucial way: you remain married but live separately.
A couple may choose legal separation if they want to continue receiving medical benefits, which they only have access to if married. In other cases, for couples of certain religious backgrounds, it may go against their beliefs to get divorced.
California: A Community Property State
California is considered a community property state, so all assets and property acquired during the marriage are owned equally by both spouses. Also known as marital property, this includes assets, debts, property, and income. A couple cannot sell, transfer, or get rid of community property without the other spouse's permission, but can do what they wish with their half. Once the couple ends their marriage, any property acquired after will be considered separate property.
Community property may include but is not limited to the following:
- Money
- Debt
- Property
- Vehicles
- Vacation home
- Collectibles, art, antiques
Do I Need a Lawyer for an Uncontested Divorce?
An uncontested divorce means you and your partner agree on child support, visitation, child custody, and other similar logistical matters. Even in this case, a lawyer can be extremely beneficial to make sure that your rights are protected and that all the paperwork is filled out correctly.
Pursue a Brighter Future with the Law Offices of Michael D. Iverson
Learning about the many ways Mr. Iverson can help will have you feeling a lot better about where you are during this trying time. Whether you are in Temecula or a surrounding area, he can help! To schedule an initial consultation where you can have a candid, comfortable conversation about your situation, contact us today.
Call (951) 418-2770 or fill out our online form to get in touch with our friendly staff.
