Did your spouse hand you divorce papers when you least expected it? Have you been planning on divorcing your spouse for a while now and are at last prepared to take the first step? Was the decision to dissolve your marriage mutual but you do not know where to turn for support? No matter the unique circumstances surrounding your divorce, our Irvine divorce attorneys at Gill Law Group, PC can help you.
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A divorce – whether it is uncontested or contested – is sure to shake things up a bit for you and your day-to-day life. To help prepare for the changes, and to make certain your best interests are not forgotten as the process progresses, allow us to step in and support you. We're only a phone call away.
When you partner up with us, we will first want to get a strong understanding of you, your family, and your financial situations. By examining your case up and down and really getting to know you, we believe we will be able to determine the best legal route for you to take. We would not want to steer you in the wrong direction, nor would we want to overlook something critical, so we try our best to be in constant communication with you. Whenever you have a question or concern, please let us know and we will react as soon as we can.
Aspects of Your Divorce that You Will Need to Consider Include:
It should also be mentioned that we will also want to first establish that divorce is truly what you or your spouse would like to do. In some cases, a legal separation, which functions much like a divorce but without the dissolution of the marriage, is actually what people desire but just do not know it.
California is a purely “no-fault” divorce state, meaning that couples cannot cite the misconduct of either spouse as a reason for their separation. Instead, most divorces are based on the grounds of irreconcilable differences which have led to a substantial breakdown of the marriage. With that being said, fault may be considered by the courts as a factor when determining alimony awards or property division. Since fault is taken out of the equation, the only requirement for divorce is that at least one spouse must have been a California resident for at least 6 months prior to filing.
A major aspect of divorce is deciding who gets what pieces of property and why. In California, most cases will consider anything gained during the marriage – whether it be a home, a savings account, or even debt – to be community property, or something that should be shared between the spouses. Items acquired before the marriage became official are considered separate property, but such items frequently become communal if they are modified in some way during the marriage. For example, if you had your own private savings account before marriage but add significantly to it during the marriage, your ex-spouse may be able to argue that it should be considered community property.
You may be able to determine how your property is divided without the initial intervention of the court. With an experienced divorce attorney, you can go through the process of equitable distribution, or determining what is most fair for the both of you. Keep in mind that all of your best laid plans will mean nothing until a judge signs off on it and issues a final decision.
When a marriage is coming to an end, is divorce the only path ahead? Most people in California are not aware that there are actually other alternatives that might be better suited to their unique situation.
You may want to consider these lesser-known alternatives to divorce:
In addition to providing powerful support both before and during the divorce process, our attorneys are also equipped with the skills to help you alter the terms of your divorce decree after the fact. In the state of California, spouses are able to petition with the courts to modify nearly any aspect of their divorce, including child custody, child support, spousal support, and visitation, in the event that a substantial change in circumstances should present itself from the time the order was first issued.
Acceptable changes in circumstances that may warrant a modification include:
Our knowledgeable advocates can examine the circumstances of your situation and guide you step by step through the process of pursuing a modification. From filing the necessary court papers to negotiating with your ex-spouse, we can handle the legal heavy lifting and maximize your chances of securing the results you need.
Everyone who comes to our law firm has a different story than the next. The underlying truth, however, is that they need some legal guidance and moral support. By recognizing the importance of each case to everyone we represent, we believe that our Irvine family law attorneys have been able to improve the lives of many people in our community. We would be honored to be able to do the same for you.