Divorce Law in California has its own brand of complexities, just like any other form of law. Divorce can be confusing, with many elements vying for your attention. You need an experienced Divorce Attorney in Santa Barbara and Ventura Counties who can guide you through the necessary steps and help you move on with life. Island View Law can help you with mediation, negotiations over property divisions and custody matters, filings, and other necessary paperwork to complete a divorce in California.
What You Need to Know About Divorce in California
The State of California’s divorce laws have some particular provisions you need to know about as you consider filing for divorce. A Carpinteria Divorce Lawyer from Island View Law can explain more in detail during a confidential consultation.
Waiting Period
California law requires a six-month waiting period before a divorce can be completed. This period begins at the time of an official filing by your attorney. Even if both parties agree and work out all issues for an equitable separation, six months must pass from the filing date before a divorce can be finalized. This period allows all involved parties to complete the necessary steps, such as sharing financial information, working out a division of property, and solving child custody and support questions. The court must complete and approve these matters before a final divorce is granted.
Community Property
California is a community property state, meaning all assets and debts acquired during a marriage are considered community property and will be subject to equal division upon divorce. This basically means that what you own and what you owe will be divided between both parties. This can become a contentious issue if one spouse earned significantly more or acquired more assets than the other; those assets must be divided equally between spouses upon divorce. Problems can also arise over separate property owned by either party before the marriage and how it is to be handled. A seasoned Divorce Law Attorney from Island View Law can offer significant assistance in these matters.
No-Fault Divorce
California is a “no-fault” divorce state, meaning neither spouse has to prove any fault that caused a breakdown of the marriage relationship. Either spouse can initiate divorce proceedings without proving fault or even without the other party wanting a divorce. One party must have lived in California for the last six months and in the current county for the previous three months.
Spousal Support
California divorce laws also address spousal support or alimony. Generally, the intention is to help the spouse with a lower income maintain a similar standard of living as they enjoyed in the marriage. The fabled “50-50 split” is rarely how spousal support is settled. Your California Divorce Law Attorney can help you negotiate an equitable agreement based on several factors, including the length of the marriage, the ages of both parties, each spouse’s current income and future income potential, both parties’ marketable skills, and numerous other factors.
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Divorce and Child Custody
Deciding what is best for minor children in the marriage can be one the most problematic and emotional elements in a divorce. Every family wants to ensure their children receive the best care possible in a divorce. Island View Law can work with you to create workable custody and support arrangements. We can also represent you in custody hearings when revisions must be made to existing agreements.
Help for Your Family Now and In the Future
The Attorneys at Island View Law believe in solid, long-term relationships. The nature of the legal matters we handle lends itself to forming solid relationships to serve our clients and their families for generations. Estate planning, trust and probate administration, and family matters like divorce, custody, and conservatorships all have long-term factors where you will need seasoned legal guidance and help.
Island View Law is your professional legal services partner for life – wherever life takes you and your loved ones. Call us today at (805) 576-7693 or complete the contact form to request a FREE initial consultation with one of our talented California attorneys.
