Divorce In California
The ending of a marriage is never easy. No couple goes into a marriage looking to get a divorce but sometimes there is no other option forward. When the time comes to separate it is best to have a lawyer on your side who will fight for a fair and equitable divorce. If the time has come for a marriage to end one process an individual has is to divorce their spouse.
The legal process of a divorce includes many areas, from debt and asset distribution, child and spousal support, to child custody arrangements. The skilled divorce lawyers at Bruce A. Mandel are here to work with on the best outcome of your divorce.
Beginning The Divorce Process
If you live in the State of California you can file for divorce from your spouse if you believe the marriage needs to end. Your spouse does not need to agree to the divorce for you to file divorce papers. There are a number of steps which must occur before a divorce is finalized.
This process can sometimes be complicated and it is important to have skilled family law attorney on your side. A lawyer will be able to work with you to follow the proper procedures and lead you to a fair outcome for you.
Each and every case is unique. Couples bring different assets, debts, and property into a relationship which all needs to be appropriately distributed through the course of a divorce. This process becomes even more complicated when there are children involved. In this case child custody and child support will also need to be decided. At the end of the process, a couple will be required to split everything according to the agreement decided by the courts.
If you live in the State of California you can file for divorce from your spouse if you believe the marriage needs to end. Your spouse does not need to agree to the divorce for you to file divorce papers.
If you are going through a divorce you and your spouse may have a pre- or post-nuptial agreement which can help decide some, or all, of the eventual outcome of the divorce. Whether or not you have a pre-nuptial you and your partner will be required to come to a settlement through one of two ways. In the State of California there are two ways a couple can reach a settlement in a divorce. One way is mediation while the other option is through litigation.
Mediation During A Divorce
Mediation is a process by which you and your spouse will come to an agreeable settlement with the help of a neutral third-party. This process usually occurs over a number of session where the mediator listens to each side and helps craft a decision which is mutually beneficial. Mediation can be a great way to save you time, energy, and money during a divorce.
The process of mediation can solve many, if not all, of the issues that arise through a divorce. Through mediation a couple can come to agreeable terms which can then be finalized by the courts. These negotiations can work through issues in any area of a divorce including child support, spousal support, asset and debt division, and more.
Understand that a mediator has no way to impose a final decision which means even if you cannot come to a complete agreement you can still settle on agreeable terms in certain areas and then proceed to litigation with any remaining issues.
Meditation has a number of benefits, which is why it is usually the preferred way to settle a divorce. Mediation is usually a quicker process than going through the court and trial. This leads to reduced costs and a more flexible schedule. By not going to litigation, a couple will also protect themselves from any court orders which may not b beneficial to one or both parties.
Mediation is the preferred method to settle a divorce and sometimes a judge may even require a couple to go through mediation before they will hear a case.
Litigation and Divorce
Sometimes a divorce cannot be settled through the mediation process. If a divorce is contested in any way the case will go to trail before a judge. If your case goes to trial it is important to have a skilled trial lawyer represent you.
The lawyers at Bruce A. Mandel will work for you to bring you the best possible outcome for you and your interests during a trial. A divorce trial may be complicated as it can include settling disputes ranging from assets to child custody to child and spousal support.
The Divorce Process
The lawyers at Bruce A. Mandel will help you throughout the entire process of your divorce. The process itself may be difficult for you to follow and sometime you may not be sure where you are at in the process or where your next step should be. A family law attorney will make sure you follow the proper procedures. In the State of California the divorce process will usually follow these steps.
First, as mentioned above, a person will decide to file for a divorce. They will be able to do this without the consent of their partner. California is a no-fault state which means that the person filing for divorce does not need to show their partner has been at fault for some action inside the marriage.
This also means that even if there was some amount of fault such as an affair, that person will not be treated with any prejudice during the decision.
Once the person filing for divorce has completed the appropriate paperwork and filed with the court system their partner must e notified, or served, the divorce papers. Sometimes a person cannot be found to serve their papers.
If this is the cases there are a number of ways the court can help you including the judge entering a default divorce judgment. Here is where the person being divorced can choose to respond. Once a person has been serve divorce papers they may respond by filling out the appropriate forms and returning them to the party.
California is a no-fault state which means that the person filing for divorce does not need to show their partner has been at fault for some action inside the marriage.
Once the appropriate papers have been filed with the appropriate sources the divorce process can happen. This is when a couple will enter into one of the previously mentioned processes, mediation or litigation. It is only when one or both of these processes occur that a judgment can be finalized. Once this process is compete the couple is then divorced.
Contact Torrance Divorce Attorney Bruce A. Mandel For A Fair And Equitable Divorce
Couples do not begin their relationship with the intent to divorce. However, in some cases a divorce is how a relationship ends. If you find yourself in the position where you are involved in a divorce the attorneys at Bruce A. Mandel are here to help you reach a fair and equitable decision.
Our attorneys will help you throughout the entire process of your divorce including filing, mediation, litigation, and settlement. Call the office today to see how we can help you.
2790 Skypark Drive
Torrance, CA 90505