Law Offices of David P. Schwarz Family Law Lawyer

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Aggressive defense of your rights in all matters relating to family law as well as criminal law

Knowledgeable Family Law Attorneys Advocating For Your Best Interests

Divorce may be an emotionally draining process. If you are considering a divorce or already going through these proceedings, having a skilled divorce lawyer on your side may make a significant difference in your case. The divorce process is often complicated, and many important issues will need to be resolved. With over 20 years of experience, the attorneys at the Law Office of David P. Schwarz have the skill and dedication to advocate for your interests.

Pursuing A No-Fault Divorce In California

The state of California is purely a no-fault divorce state, which means that a court will not assign fault to either party for a divorce. The only basis for divorce in California is “irreconcilable differences,” which simply means that the marriage has broken down beyond the point of repair. As a result, issues such as adultery or abuse do not matter for the purpose of seeking a divorce, although these issues may be pertinent with regard to child custody or support.

California law requires that certain residency requirements must be met before a divorce may be granted. At least one spouse must have been a resident of the state for at least six consecutive months and a resident for three consecutive months of the county in which the petition is filed. If your spouse and you have separated and live in two different counties, you may file for divorce in either of those two counties.

California is a community property state. This means that all property is divided equally at the time of the divorce, regardless of the conduct of either spouse. One exception to this general rule is if one spouse hid assets or lied during the financial disclosure process. In this situation, the court may impose sanctions on that spouse, meaning that it may require the dishonest spouse to pay additional money to the other spouse.

As mentioned earlier, the court may also consider the behavior of a parent when it comes to child custody. This is because all child custody determinations are made according to the best interest of the child. Thus, if one spouse has a history of or is currently involved in alleged domestic violence, the court will take that into consideration, since it likely would not be in the best interest of the child to spend substantial amounts of time with that parent.

People who are seeking a no-fault divorce in California must fill out a Petition-Marriage Form, a Summons Form, and a Divorce Settlement Agreement. Couples with children also will need to fill out the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act. This paperwork typically requires detailed information, and it is important to complete it accurately, so seeking counsel from an experienced attorney is an essential step to take.

Retain A Lawyer When Seeking A No-Fault Divorce

If you are going through a divorce, it is important to enlist an attorney who can protect your interests. At the Law Office of David P. Schwarz, we understand the nuances of California family law and can put our knowledge to use in your case. To discuss your options in more detail, call us at 949-296-4119 or contact us online for a consultation.