Divorce Lawyers In California Free Consultation – Marriage is bliss for most couples who decide to be with the person they want to spend the rest of their lives with. However, over the years they were together, some felt they had made a mistake and wanted to break up with their partner. While some will simply divorce without going through the legal process to finalize it, others will go to court and seek a divorce before starting over.
While anyone can file for divorce in California without stating a clear reason, the process can be a minefield. Various state mandates and even statutes may be involved in resolving issues underlying a divorce, such as child custody and support, property division and alimony. With all of this in mind, you need a good Fullerton divorce attorney who can guide you through the process and help you build a compelling case to protect your rights.
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Alkam Law Offices is one of the best Fullerton, CA family law firms to contact if you are considering a divorce. Our team can help you negotiate and fight as best you can for your rights to your children, property and spousal support. We will keep everything stress-free and provide you with legal advice throughout the process.
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It’s no secret to many that the divorce process can be complicated, especially with the underlying issues that must be resolved throughout the case. It is also a very sensitive endeavor given the emotional toll it will take on the spouse and their children, so it is important that both parties have a legal team on their side to help them through the process.
The divorce attorneys at Alkam Law Offices are experienced in all types of divorce cases and handle them with care to protect all parties involved in the process. We understand how difficult this decision is for you and we know how frustrating the legal process can be.
By being by your side, we can make this scenario easier to understand, help you make the best legal decisions and be your legal representative throughout the process. We will fight for your rights and do everything we can to give you the solution you expect so that you can get out of this difficulty.
California’s divorce laws are contained in the California Family Code, a set of laws that cover all legal issues related to divorce in the state. It is also one of the 29 legal codes that comprise the state’s common statutory law.
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If a couple wants to end a marriage or partnership, they can do so through divorce, legal separation and annulment. Divorce will not end the marriage, but it will allow the court to intervene in matters such as alimony and custody, and the enforcement of restraining orders. In reality, one spouse can legally initiate a separation without the other deciding to end the marriage. They also won’t be able to complete the process even if they want to stay married.
When it comes to divorce, California is a “no-fault” state, meaning that a person can file for divorce without providing evidence that the other party did anything wrong to cause it. A petitioner can cite “irreconcilable differences” as grounds for filing for divorce. The other party must respond within 30 days, unless otherwise agreed. If no answer is received, a default petition must be filed to finalize the divorce and other related issues, such as child custody, spousal support and property division.
Our team can help you file for divorce and keep the process running smoothly, as well as assist you with other related matters such as:
In divorce cases that will affect the future of minors, the court will conduct the divorce process with caution. The formula used to determine the amount of child support to be awarded is found in the state’s Family Code 4055. Although the formula is complicated without a lawyer to help you understand it, the court will consider each parent’s salary, assets and sources of income. They will also look at the amount of time you spend with the child to determine the amount of child support to be awarded.
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If the paying party defaults or fails to pay child support, the other party can obtain a court order to enforce the child support claim. If the reasons for non-compliance with payments are justified, a modification of the child support order can be requested.
If the former spouse is a service member, California divorce law states that they cannot exceed 60% of the service member’s pay and allowances. The same calculation applies to non-military divorces involving service members. If they are retired, the federal government uses the Uniformed Services Ex-Spouses Protection Act to determine how it will be calculated and distributed in a divorce.
Meanwhile, in matters of child custody, the court takes into account the child’s best interests in determining who should be given custody. Other factors will also be taken into account and both parties need to submit a parenting plan detailing which parents will be with the child and what arrangements will be made for certain activities. Our team can assist you with child support and custody proceedings and help you be in the best possible position to participate in your child’s development.
California courts consider several factors when determining alimony and spousal support. By law, spousal support is optional in divorce, and the court can decide whether and for how long it should be awarded to the other party.
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If one party files for spousal support, a calculator is used to determine the amount of temporary spousal support. The court will then consider the duration of your marriage, the financial means of both parties, the standard of living, age and health of both parties, existing assets and debts, custody and child support matters and the participation of each party in other careers. growth and, if available, evidence of domestic violence to determine whether spousal support should be established, modified or terminated.
As stated above, if the former spouse is a service member, the spousal support that the other party may receive will not exceed 60% of the former spouse’s wages and allowances. If they are retired, the USFSPA will determine the amount that will be awarded to the other party after the divorce is finalized.
Our team can claim spousal support on your behalf and provide an amount that suits your needs. We will also fight for your rights in court to the extent that we are able to achieve a favorable result. Meanwhile, if you are asked to pay spousal support, we can fight it and provide evidence to support your case.
When it comes to the division of property and assets, the California Family Code states that all property, both real and personal, acquired by either party during the marriage belongs to the spouses in equal shares. However, there are certain exceptions, such as property acquired during marriage as an inheritance or gift. If this happens, the person receiving the property retains ownership. Assets acquired before your marriage or after your divorce belong to the person who acquired them.
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Since California is considered a community property state, it is recommended that both parties retain a Fullerton divorce attorney to assist with the division of assets and property. Courts allow couples to agree on property and assets they like and reach an equitable settlement that can be approved by the court. The court can also intervene if the parties do not agree on the distribution agreement. Pensions and retirement plans are also considered the property of both parties and must be divided fairly between the parties.
Our Fullerton divorce attorneys can help you research the assets and property that will be included in the divorce process. We can determine which assets can be used as bargaining chips and fight on your behalf if the other party is going after assets you own because the property is an inheritance or separate property. If the divorce also includes pensions, retirement plans and more, we can help you obtain a qualified domestic relations order stating that financial assets have been divided, pending court approval.
There are certain divorce cases that require careful consideration because they may involve large amounts of business assets and property that must be distributed to the rightful owners.
Some cases may involve high-profile personalities, requiring discretion to keep the media away from the case.
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Alkam Law Offices has divorce attorneys who can handle these valuable and important divorce cases and make sure they go smoothly. We will investigate this case thoroughly, protect your identity and reputation, and
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