Divorce/Separation
Dedicated to Protecting Families with Compassion and Expertise
DIVORCE OVERVIEW
Divorce/Separation
California is a no-fault state, which means the court does not have to find any one partner at fault resulting in the break-down of the marriage. Similarly, property division must be determined based on the characterization of the property (e.g., community property versus separate property).
Let us help you determine the true character of your property so it can be properly divided.
Contested Divorce versus Uncontested Divorce:
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Contested means the two parties disagree on certain terms of the divorce (e.g., child custody, property division, spousal support). In short, such a divorce can be more costly and time-consuming. Whereas, an uncontested divorce means the two parties agree to the terms and an agreement can then be made a court-order if approved.
Keep in mind, a lot of paperwork that must be submitted to the family law clerk and responded to are very time-sensitive. Please allow us to ensure your forms, declarations, and evidence are properly drafted but even more importantly submitted timely.
Community Property versus Separate Property:
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In general, community property (CP) is presumed as any property that was acquired during marriage through either spouses/partners labor. All property is presumed separate if it was obtained before marriage or after divorce, death, or permanent separation.
Property can include material possessions, money, retirement plans, pensions, real property, etc. There are additional ways to characterize property and that affects division. We can help you better understand your rights and interests.