Fresno Family Law Attorney Helping You Through Your Divorce

Divorce is one of the most challenging life events anyone can go through. Deciding to end a relationship is emotional and stressful, and the stress is often compounded by conflict over child custody and financial concerns. Disentangling all that you have established together is complicated. Furthermore, it can be difficult to communicate with the other party in a divorce if things are contentious or if there has been any domestic abuse or violence.

An experienced divorce lawyer from Bains Law Offices can assist you in making sure that you get everything you are entitled to in your divorce and can help navigate the turbulent process of determining the custody of your children, if needed. Putting an attorney between you and your soon-to-be-ex-spouse can help minimize the interactions between the two of you and, thus, the conflict. Call Bains Law Offices in Fresno today at 559-890-1007 and let one of our accomplished divorce lawyers help bring your divorce to the conclusion that is most beneficial to you and your children, with as little drama as possible.

What if My Divorce is Friendly?

Even in a friendly or collaborative divorce, there are many legal and financial issues to be determined in the divorce process. Who will have custody of children, how those children will be provided for financially and for how long, who gets to stay in the house, what assets need to be sold and in what time frame, whether one party will pay spousal support to the other…these are just some of the questions that come up even if the two of you are not battling.

Simply doing all of the legwork required to determine what assets each party has, like retirement benefits or life insurance policies in addition to money in the bank, or figuring out how health insurance will be handled for the ex-spouses and children once the divorce is final can be time-consuming and stressful. An experienced and knowledgeable divorce attorney can take on some of these tasks, leaving you free to get on with your life and not have the divorce as your only focus.

What Does it Mean That California is a No-Fault State?

In “no-fault” divorce states like California, it is not necessary to prove that one spouse or the other is guilty of anything that is causing the divorce or legal separation. The only reason necessary to file for divorce in California is “irreconcilable differences” and no blame is conferred to either party.

The court is not interested in finding out who did what or who is at fault for the breakdown of the marriage but is only interested in helping the parties come to a fair settlement that respects the legal rights of each party in the divorce, as well as the best interests of any minor children. What the court will consider is who will be given custody of any minor children, how those children will be provided for financially, who is responsible for marital debts, and how property and assets will be divided. While the court will not assign blame in the divorce itself, things like domestic abuse, child neglect, financial abuse, and other factors such as these will be considered in some court decisions, such as awarding child custody, child support, or spousal support, for example.

My Spouse and I Are Living in Different Places. Where Do We File for Divorce?

California has a residency requirement for divorce. To get divorced in California, either you or your spouse have to have lived in the state for the past 6 months, and in the county where you file for divorce for at least the last 3 months. If only one spouse meets these qualifications, that is the spouse who must file.

If both of you meet these requirements, either spouse can file for divorce in the county in which they live, even if the other person does not live in that county. If neither you nor your spouse meets these requirements, you can file for a legal separation right away and then for divorce once the residency requirement has been met. There is an exception to these residency requirements for same-sex couples if they were married in California but now live in a state that does not recognize same-sex marriages.

What if I Am in a Domestic Partnership and Want to Dissolve It?

If your domestic partnership was not registered in California, then you are subject to the same residency requirements as married couples for getting a divorce. However, if your domestic partnership was registered in California, you are not subject to the residency requirements, even if you never lived in California or have moved to a different state or country.

All questions surrounding divorce are complex and the answers can have far-reaching consequences. Call Bains Law Offices in Fresno today at 559-890-1007 to let a skilled divorce attorney help you through this difficult and confusing time.