San Clemente Separation Lawyer
In our firm, our San Clemente divorce attorneys fully understand our clients are dealing with what is, at best, an emotionally tough process. If you need a divorce in San Clemente and would choose to speak with a member of our firm, you can be assured your questions are going to be met with genuine concern for your family’s welfare. Should there be a possibility of reconciliation, we can help you. If you find no possibility of reconciliation, we could assist with the divorce process.
Please make sure to contact our office for a zero cost consultation today. All of our knowledgeable San Clemente divorce lawyers receive all queries from individuals trying to get representation for San Clemente divorce cases.
Divorce could be likened to an uncertain business transaction; you need to know you can count on your partner. In the course of the process of divorce, which involves reorganizing the legal, financial, and social relationships between you and your spouse, you can depend on our San Clemente divorce lawyers to stay dedicated to your needs and the welfare of your children.
Our San Clemente divorce lawyers assist clients with all aspects of divorce. Our Firm can help our clients with all related topics and areas of Family Law:
- Divorce in San Clemente
- How you can file for divorce
- Divorce settlements
- Dangers of do-it-yourself divorce
- Your kids and your divorce
- Child custody, visitation, child support
- Division of community property
- The marital home
- Your professional practice
- High-asset concerns for athletes or artists
- How to uncover hidden assets
- Other asset protection strategies
- Spousal support
- Spousal support modifications
- Post-decree modifications
- Dissolution of domestic partnership
- Legal separation
- Divorce mediation
- Pitfalls of divorce mediation
We value your trust and confidence. For several years, our attorneys have given San Clemente families and individuals with legal representation along with genuine concern for their well being. Once you call on us to help you with your divorce, you are going to talk with an attorney, not just a paralegal or other employee.
Phone immediately for a free consultation with a San Clemente divorce lawyer. Phone us right now if you are looking for legal help with a divorce. Your own very first consultation is absolutely free.
Dissolution of a Marriage (Divorce):
1) What are the grounds for dissolution of marriage?
Each State differs, for instance, California was the first state to apply the “no-fault divorce” concept. In a no-fault state, dissolution of marriage can be given if the court sees there to be “Irreconcilable differences” that have caused a permanent failure of the marriage.
For that reason it means that when a married person wishes to end the marriage, he/she can do so, even if the other spouse disagrees.
2) What are the residency requirements for you to get dissolution of marriage?
So that you can be eligible for a Divorce San Clemente (dissolution of marriage), one of the spouses should have been a resident of the state for a continuous six month period and of the county for a continuous three month period prior to the filing of the Petition for dissolution.
3) After the dissolution case is filed, how much time can it take to have the marital status terminated?
Marital status can’t be terminated until 6 months have passed after the service of the Summons and Petition was affected.
4) What is the procedure for obtaining Divorce (dissolution of marriage)?
An average dissolution of marriage calls for the following steps:
- The Petition (Family Law) is filed and personally served on the Respondent.
- The Respondent then has thirty days to file a Response (Family Law).
- One of the parties in the dissolution will most likely request temporary court orders by filing for an Order to Show Cause hearing. During this hearing, the judge will make temporary child custody, support and restraining orders.
- The parties then engage in Discovery. This is the process by which parties of the dissolution exchange information and documents that are related to the case.
One of the essential aspects of discovery is the preparation of the Preliminary Declaration of Disclosure. This is the court form where every party lists the community and separate property. As part of this disclosure, the parties are likewise expected to exchange current Income and Expense Declarations. Other forms of discovery are interrogatories (written questions) and depositions (oral examination under penalty of perjury).
5. Right after the discovery is completed the parties and their lawyers (if they are represented) will talk about settlement of the case.
If the case is settled by agreement, one of the lawyers will prepare a Marital Settlement Agreement that will include all of the terms of the agreement. This is a contract that is signed by the spouses and their own lawyers.
6. In case the parties are unable to agree on all of the issues in the case, a trial will take place.
7. After the parties sign the Marital Settlement Agreement or after the trial has finished, one of the lawyers will prepare a Judgment of Dissolution of Marriage.
It is a document that has all of the court’s orders. The judgment is filed and the court mails a Notice of Entry of Judgment to each attorney.
Our San Clemente family law lawyers can provide information that will help your life and wellbeing quickly. Call us today.
San Clemente Divorce Attorney
Are you going through a San Clemente Family Law Matter? Call immediately for assistance. We deal with the following types of family law matters:
- Legal Separation
- Summary Dissolution of Marriage
- Child Custody/ Visitation
- Child Support
- Establishing Parentage
- Domestic Violence Restraining Orders
- Civil Harassment Restraining Orders
San Clemente Divorce Attorney
The word divorce refers to the dissolution or the legal conclusion of a marriage. Each and every state has its own specifications governing when a divorce may be granted, like a residency condition and grounds or a cause for the divorce. There can be both fault-based as well as no-fault based grounds for divorce. All these, also, differ from state to state; while “irreconcilable differences” and “irretrievable breakdown” are common no-fault grounds for divorce. The states also vary with respect to the distribution of the marital property, alimony, child custody and visitation, and child support.
The dissolution of a marriage can be one of the top reasons for emotional turmoil in a person’s lifetime. This could be very hurtful emotionally, mentally, and financially – and choosing to end the marriage and splitting up the personal belongings and the shared assets can be difficult. When there are kids concerned, a difficult situation can become contentious and perhaps violent.
Getting the courts to grant a divorce requires a complex and time-consuming process that can be draining, from the initial separation to the final decree. Guidance coming from professionals like our San Clemente divorce attorneys will help get the divorce process go more easily so that it is less physically and financially stressful for both sides. A family law attorney can certainly make certain that the right documentation is filed and that every alterative is explored to reduce the emotional and economic costs. A divorce lawyer can also assist a couple seek mediation if it is a viable option.
A San Clemente divorce lawyer is someone who specializes in family law matters and who aids people facing a divorce or legal separation protect their property and safeguard their rights and who is aware of such complicated issues as petitions, spousal support, and child custody agreements and will make sure that an already unpleasant experience does not turn out to be a lot more taxing that it needs to be. Protect yourself – contact our attorneys immediately.