Divorce Attorney in California

Marital dissolution can be a difficult decision, especially when children are involved. The California divorce lawyers at Ortiz Law Group, P.C. hope to make it easier for you and your children. We represent clients in both contested and uncontested divorce. At the Ortiz Law Group, P.C. our California family law attorney's listen to you and answer all of your questions. We will then evaluate your situation and advise you of all your options under the law. Our goal is to help make the decisions that protect your legal rights, and that are in the best interests of your family and your children. We know there is more going on in your life than just your divorce. Ending a marriage is never something we take lightly. We strive to get to know you as a person, as an individual, so we can custom tailor an experience you can look back on without regret. Change is inevitable, but the stress and anxiety you feel about those changes does not have to be. Our skilled legal team works hard everyday to help people going through the difficult legal issues of divorce cope with stress, uncertainty, fear, and the financial issues that come with the territory.

WHY CHOOSE US?

When locating a California divorce attorney, you should find a professional who has the following experience:

• Has the experience and broad knowledge base to meet clients’ diverse needs.
• Keeps up with all the latest rules, laws and best practices in California divorce law.
• Uses a collaborative effort among our attorneys to take on complex legal issues.
• Forms long-term relationships with our clients, leading to more satisfactory results.
• Leverages in-house resources to keep divorce cases more efficient for clients.

CALIFORNIA DIVORCE LAWS

Most often, you must file for divorce in the county in which you reside; however, you must abide by California residency rules. Rules indicate that you must have lived in California for the last six months and the county in which you file for the last three months. If you don’t meet the residency rules for a divorce, you can still file for a legal separation. California is a community property state, which means that the goal of a divorce settlement is to divide marital property in half. Under California’s community property laws, assets and debts spouses acquire during marriage belong equally to both of them, and they must divide them equally in divorce. There are three crucial steps to property division:

• Determine whether the property (or debt) is marital or separate
• Agree on a value for marital property, and
• Decide how to divide the property.

Many times, couples will disagree on how things such as child custody or property should be divided. A divorce case is not always a straightforward resolution. The results of the divorce process can affect you for years to come. You may be able to seek divorce modifications down the road, but it does not apply to everything within family law cases and it is not always easy. An experienced California divorce lawyer at the Ortiz Law Group, P.C. can give you expert legal advice, personal attention, and help you find a resolution to a number of family law related areas such as:

• Contested divorce
• Uncontested divorce
• High net worth divorce
• Legal Separation
• Child custody
• Property division
• Debt division
• Spousal support
• Child support
• Child visitation
• Maintenance
• Modifications
• Post decree matters
• Parentage

No matter the nature of your particular divorce or situation, speak to an attorney in the Bay Area, Southern California, or Sacramento for answers. A lawyer can help you with all the aspects of your divorce, whether they are simple or complex. Your attorney can navigate California’s many divorce laws and statutes while you concentrate on moving forward.

WHAT IS THE DIFFERENCE BETWEEN DIVORCE AND MARRIAGE DISSOLUTION?

Divorce and marriage dissolution are two ways to end your marriage. While they are often used interchangeably, they technically have different meanings from a legal standpoint. The primary difference lies in whether the spouses are implementing fault laws in the split. A divorce technically means one spouse is alleging the fault of the other for the split, while marriage dissolution is a mutual decision to end the marriage. Another way to think of marriage dissolution is a no-fault divorce.

In California, no-fault divorce laws mean technically every couple in the state achieves marriage dissolution rather than divorce. A spouse does not file for divorce on fault-based grounds in California. Its no-fault laws mean the courts will not punish one spouse for wrongdoing, even if that spouse committed adultery or ended the marriage some other way. Instead, all couples may seek no-fault divorces or marriage dissolutions.

Marriage dissolution is generally a simpler way to end a marriage. The party filing for divorce does not have to prove the other spouse’s fault to achieve marriage dissolution. The filing person simply must cite irreconcilable differences while filling out the divorce forms, or that the couple no longer gets along. The no-fault divorce process is shorter and does not force one spouse to prove fault. A no-fault divorce could still have complications, however, such as one spouse contesting the terms of the split.

WHAT IS THE DIFFERENCE BETWEEN DIVORCE AND LEGAL SEPARATION?

If you do not think divorce is right for you, consider a legal separation instead. Legal separation in California comes with some of the same benefits as divorce without you forfeiting all the benefits of marriage. It can be an ideal in-between for couples that may reconcile their marriages or that need to retain benefits such as family insurance plans. After a legal separation, you and your spouse will still lawfully be married to each other, but you will not live together and may qualify for things such as child support and spousal maintenance or support.

Separation could be the perfect solution for you and your spouse. It could also make the divorce process easier in the future.

DOES THE LEGAL PROCESS WORK DIFFERENTLY WITH DOMESTIC PARTNERSHIPS?

In California, a domestic partnership does not have the same legalities as marriage. People in a domestic partnership are not technically married by law, to each other or anyone else. The state of California gives domestic partners all the same rights and protections as married couples, such as coverage on a family health insurance plan, the legal right to family/bereavement leave, and visitation rights at hospitals and jails. Federal law does not recognize domestic partnerships.

Entering into a domestic partnership can be an important step for a couple both legally and personally. Another potential benefit is if your domestic partnership does not work out, the process for terminating the arrangement can be simpler than a divorce in California. You should consult with a California Family Law attorney to find information specific to your case.

DO YOU NEED A CALIFORNIA DIVORCE LAWYER?

A divorce can have complex factors such as high-value assets, contested terms, child custody, child support, and/or spousal support. The best way to navigate these factors is by hiring an attorney in California. Your lawyer can negotiate your divorce settlement with your spouse and his or her attorneys while you focus on the future. Rather than spending your time filling out paperwork or at the courthouse, you can go to work or spend time with your family. You can trust a lawyer to work toward a satisfactory and efficient resolution on your behalf.

While a lawyer can help with any divorce case, you may not need one if you have a simple and uncontested divorce case. If you and your spouse can easily work together and agree on the main matters of your case, our staff can create a Marriage Settlement Agreement yourselves that an judge will sign off on. If you believe your spouse will make it difficult to achieve a fair divorce, such as by arguing with you about your desired terms, you may need a lawyer’s assistance. If your spouse has hired a lawyer, it is a good sign that you need one too.

When in doubt, hire an attorney in California to help with your divorce case who is familiar with the Bay Area, Sacramento, and Southern California. A lawyer can teach you critical things such as what type of case you need (divorce vs. dissolution vs. legal separation, etc.), how to protect your rights and assets, whether you qualify for child support or alimony, set or modify a child custody and visitation schedule, and how to start your case. Then, your lawyer can take care of difficult or complicated legal matters for you while you focus your attention elsewhere. A divorce attorney can make your divorce proceed as quickly and easily as possible.

FREE CONSULTATION WITH THE ORTIZ LAW GROUP, P.C. AND DIVORCE ATTORNEYS

At the Ortiz Law Group, P.C. our California divorce lawyers have extensive experience in family law and California divorce cases. All of our resources are focused on assisting families in this complicated area of law. If you are going through a divorce contact a family law attorney today for a free initial consultation. We represent clients throughout California and the surrounding cities. We employ common sense and attempt to cost-effectively resolve disputes. However, our California divorce attorneys are prepared to litigate and take matters to trial. We know that strong litigators keep their clients out of family law court, but if trial is necessary, we are experienced litigators who feel that the court is our playground. Contact our California family law attorneys today.