Divorce Attorney Serving Santa Clarita Valley
Grounds and Terms for the Dissolution of a Marriage
California is one of the states that grant a divorce based on irreconcilable differences, and is a no-fault divorce state. This means that you could obtain a divorce even if there are no official grounds such as infidelity or infertility, and even if your spouse doesn't want a divorce. It is important to know your options as well as the process and how to pursue the best situation for your future. Regarding the no-fault concept, there are two different kinds in California: contested and uncontested divorce.
Contested divorce means that either one party does not want a divorce, or that the various terms of divorce cannot be agreed upon. Uncontested divorce occurs when both parties are in agreement as to the necessity and the various terms of divorce. Some of these many different terms that will need to be addressed may include child custody, child support, property division, and others. If you are considering divorce, or if your spouse has served you with divorce papers, then you need skilled representation from a member of our legal team to help you through this complex situation.
Should I get an annulment, a legal separation, or a divorce?
If you want to dissolve your marriage, then there are three ways in which you could do so: an annulment, legal separation and divorce. Before pursuing any course of action, get in touch with a Valencia divorce attorney from Barnholtz & Kugler who can help you decide which would be best for your situation. An annulment declares your marriage null and void, as if it never happened.
You can only get an annulment in certain situations such as:
- One spouse was below the legal age for marriage
- One spouse felt forced into the marriage
- One spouse was still married and/or failed to reveal that they were still married
- There is a close biological relationship between the two spouses
- Either spouse withholds harmful information such as a criminal record, sexually transmitted disease, impotence
The criteria for annulment can depend on the state, such as some will not allow an annulment if the couple has had children. Usually, annulment cases are short; however, some long marriages have ended in annulment as well.
Another alternative to divorce would be a legal separation, which is for people who don't want to live together nor end their marriage. To do this, you must get a document of legal separation, which usually must be signed by a judge. An attorney from our firm can help you prepare this document and submit it to the court for a judge to sign. If it is not signed by a judge, then there may not be any legal weight to the legal separation. The document can include provisions such as child custody, living arrangements, and spousal support.
The final way to dissolve your marriage in California is through divorce, which is the cancelling of any legal duties or responsibilities of marriage. Divorce is usually granted on the grounds of "irreconcilable differences", meaning that there were substantial issues that the couple could not work out. It can also be dissolved because one spouse has "incurable insanity" from a psychological condition. To do this, the spouse seeking divorce must bring medical or psychiatric testimony that the spouse is in fact insane, or was at the time of the marriage.
To ensure that you choose the right path in your situation, please feel free to contact a Valencia divorce lawyer from our firm for legal guidance. We understand the different nuances of each action and if it pertains to your specific situation. Don't risk your future well-being, let us help!
Facing a divorce in Valencia, CA? We can help!
Are you searching for an attorney for a divorce case in Valencia? Choosing representation for your dissolution matter can be a difficult process. There are so many firms that claim to be the best, but it can be difficult to discern the representation that you need. At Barnholtz & Kugler we have more than 40 years of combined experience (experience that few other law firms can boast), and we are client-driven so that you may be sure we will stand by you from start to finish of your case. Rest assured that we have a long history of success and satisfied clients; you can be sure that we will put this experience to work for you if you choose to work with us.
Contact a Valencia divorce attorney from our firm to take care of your separation in a quick, efficient manner. We are available at any time of day or night.
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