A divorce can be stressful and time-consuming, even when your spouse and you largely agree on the separation and the distribution of assets. California has many rules that govern how a married couple must go about dissolving their marriage. Although some people attempt to navigate the process on their own, having an experienced Carlsbad divorce lawyer guiding you through it can help ensure that you assert your legal rights at each step and receive the fair outcome that you deserve. Whether you are simply considering the possibility or are ready to move forward with a divorce, the legal professionals at the Law Office of Matthew & Julia Kaemerle are ready to assist you. We represent people in Carlsbad, Oceanside, Encinitas, and Vista, as well as the surrounding areas.Understanding Divorce Laws in California
California law specifies three primary ways that a couple can go about terminating a marriage: divorce, legal separation, and annulment. The state does not require both spouses to consent to the dissolution of the marriage. Either spouse can file for divorce, and he or she does not need to prove that the other party is at fault. The party seeking the divorce must simply state that the marriage has deteriorated due to irreconcilable differences. If the non-moving party does not respond to the divorce petition, the filing spouse can receive a default judgment from the court terminating the marriage. However, the court does not give any preference or special treatment to the party who sought the divorce.
Before you file for a divorce, it is important to consult a divorce attorney at our Carlsbad firm who can help you plan how you will approach the process. During the divorce proceeding, your spouse and you will need to determine several things, including how to distribute your assets. California is a community property state, which means that most property acquired during the marriage will be deemed jointly owned. However, the spouses can agree to a different distribution of the assets. If they cannot agree, the court will review the assets and determine how they will be distributed. If you had children during the marriage, you must also determine custody and visitation either by agreement or court order. Again, if the spouses are unable to agree about who will have custody of the children or whether custody will be shared, the court will make a decision based on the best interests of the child or children.
Another major issue that comes up in many divorces is spousal support, or alimony. The Court will consider whether the marriage is long term (10 years or more) or short term (less then 10 years) and will do a Family Code 4320 Analysis for a long- term marriage. For a short- term marriage a judge may conduct a 4320 analysis or may simply use their discretion in deciding what is fair and equitable. Our Attorneys can provide you with specific guidance regarding this issue and what factors the judge is likely to consider in making their decision on spousal support/alimony. Our Carlsbad divorce attorneys will aggressively assist you in determining your rights and obligations regarding alimony.
California provides a streamlined divorce process called summary dissolution for certain qualifying couples. For example, if the spouses have been married for less than five years, have no mutual children, and do not own any land or buildings, they can possibly take advantage of this streamlined proceeding. There are also other requirements, such as having less than $6,000 in debts since the date that you were married, as well as having less than $41,000 in property that was acquired during the marriage. A seasoned divorce lawyer can help you determine whether you may be eligible for this efficient proceeding.Seek Counsel from a Knowledgeable Divorce Lawyer in the Carlsbad Area
Matthew and Julia Kaemerle provide comprehensive legal counsel to divorcing spouses throughout North San Diego County, including: in Carlsbad, Oceanside, Encinitas, Vista, Del Mar, Escondido, La Jolla, Rancho Santa Fe, San Marcos, Cardiff by the Sea, Fallbrook, Solana Beach, and San Diego. We have seen firsthand how challenging this phase of your life can be. We provide compassionate and personalized legal guidance at each step of the process, as well as advocacy for enforcement or modification of divorce orders after the proceedings end. To set up your consultation, call us now at 760-931-1981 or contact us online.