Every divorce is unique, which is why at our firm, we want to get to know you and your family before we make any legal decisions. Once you and your spouse have decided that divorce is the best course of action for your family, our attorneys will help you decide what your next step will be.
Some of the aspects of divorce you may wish to consider include:
California is a no-fault divorce state, meaning there need not be any reason for the divorce except that both spouses wish it. No single spouse will be considered responsible for the divorce because of any misconduct, such as infidelity. However, California courts may sometimes take the reason for the divorce into consideration when awarding spousal support, child custody, and property division.
If you have children, you are likely concerned about how your impending divorce will affect their lives. At Gill Law Group, PC, we will help you draw up a custody agreement that suits you and we will stand beside you to fight for the best legal decision for your family. Whether you wish to seek full custody, partial custody, or visitation rights, we will help you fight for your parental rights.
Child custody depends on a variety of factors, including parental relationships with their children, each parent’s economic situation, where each parent lives, as well as a number of other factors. Our attorneys will help you prepare for any custody concerns and we will represent you if your case requires litigation.
One of the most complicated aspects in any divorce is the division of property. Married couples often share funds, properties, and debts that can be difficult to divide fairly. The first think to know about dividing your property in a California divorce is that all of your assets will be divided as either communal property or separate property. The communal property will include all assets and debts you acquired as a married couple, such as credit card debt, retirement funds, your home, vehicles, and shared possessions. Anything independently owned by one spouse, such as student loan debt, inherited property, or some retirement funds, may be considered separate property. The court will evaluate all of the properties in a marriage, their values and whether or not they are considered shared or separate, and will divide accordingly.
If you and your spouse are uncertain about divorce, there are other legal options that may suit your situation better. You may choose to separate legally, or to seek an annulment. Legal separation will do many of the same things a divorce would do, without as much finality. An annulment is a step farther than a divorce, and in addition to ending the marriage, it will also remove legal records of the marriage. Most people choose to seek an annulment for religious purposes, making it as though the marriage never occurred.
No two divorces are the same, which is why it is important that you have a specialized plan for your divorce. At Gill Law Group, PC, our lawyers will work with you to help you decide how you would like to negotiate child custody, what assets you are determined to keep, along with any other significant particulars.
Contact Gill Law Group, PC to discuss your legal options regarding your divorce.