Considering Filing For Divorce?
The Law Offices of Robert P. Wright Is on Your Side
Divorce is always a painful process, but with an experienced Ventura attorney by your side, you can feel supported throughout the process. At the Law Offices of Robert P. Wright, we know that divorce is never anyone’s first choice, and we work hard to provide compassionate legal representation. With over three decades of experience in family law, we know the ins and outs of divorce law and can help you through the process. From start to finish, we are with you every step of the way.
Are you thinking about divorce? Schedule a free consultation with our attorney in Ventura by calling (805) 667-0156.
Grounds for Divorce in California
California is a no-fault divorce state. In fact, the state doesn’t consider any other factors (such as a spouse’s faults) when considering various matters pertaining to divorce.
No-fault divorce – A no-fault divorce claims that a marriage is “irretrievably broken” because the couple has "irreconcilable differences" with no hope of reconciliation and therefore must be terminated.
Many other states have options for both no-fault and fault divorces. Fault divorces use matters such as adultery, cruelty, abandonment, etc. as a factor in deciding divorce issues. However, California is considered a “pure no-fault” divorce state since it does not allow for faults to be presented.
One other factor that a spouse could use to file for divorce in California is “incurable insanity”. However, this is rarely used since it requires significant proof and no-fault divorces are much simpler.
Divorce Process in California
Divorce can often be a complicated drawn out, but these are the basic steps for the divorce process in California.
- Petition & Summons – The filing spouse, called the Petitioner, will file the initial request for the divorce. A Summons will also be issued, which is a notice to the other spouse regarding the divorce petition. The other spouse is called the Respondent and has 30 days to respond to the Summons.
- Service – The Respondent must be served with copies of the divorce papers. There are certain requirements for how this service is completed so contact our firm to learn more.
- Response – The Respondent have an opportunity to respond to the Petitioner’s initial divorce request. This is his or her chance to agree or disagree with the various points in the Petition.
- Temporary Orders – If necessary, the judge can issue temporary orders regarding custody, visitation, support, etc. These will be effective during the process of divorce until another decree changes them.
- Financial Disclosures – Each spouse will need to list our all of their assets, debts, income, and expenses. You will need the assistance of a lawyer when filling out these forms.
- Discovery – This is a period of time where relevant information is gathered about each spouse.
- Settlement – If a couple can work together along with their attorneys, then this will be the time that they settle the terms of the divorce.
- Trial – If the couple is unable to come to a divorce settlement on their own, then the case will be brought to trial where a judge will finalize the terms of the divorce.
Legal Separation vs. Divorce in California
While legal separation is an alternative to divorce, it has many similarities to the divorce process. The main difference between legal separation and divorce in California is that a couple remains married when legally separated, but a divorce dissolves the marriage. A couple can request legal separation without any “at-fault” grounds.
Legal separation – This process allows a couple to formally separate and settle disputed matters such as property division, custody, support, etc. Again, it does not terminate the marriage. Instead, the couple will remain legally married and continue receiving the benefits of a legal marriage.
Just like divorce, to file for legal separation, a couple must state that there are “irreconcilable difference” or “incurable insanity”. It is often used as a time for couples to work through issues before officially ending the marriage.
Why Work with Our Attorney
If you are separated or considering divorcing, you have many things to consider. In addition to shared property and other assets, you may also have children with your former partner. You are now faced with dividing up your property and coming to fair custody and child support agreements. With so much to consider, it is only natural to feel overwhelmed by it all. An experienced lawyer can help ease the burden, allowing you to focus on healing and moving forward.
A knowledgeable attorney can help you:
- File for divorce and advise you throughout the process
- Divide property and assets
- Come to a spousal support agreement
- Investigate and uncover hidden marital assets
- Advise you on what to do with shared debt
- Achieve a custody and child support agreement
- Represent you in court
Attorney Robert P. Wright is passionate about family law. In addition to explaining all of your legal options to you, he can also provide you with the advice you need to make these critical legal decisions with certainty.
We Are Tenacious & Committed to You
We know how difficult this time can be, and our goal is to be there for our clients. Our attorney in Ventura is always available to clients. When you have a question, we are just a quick phone call away. We believe in forming strong relationships with our clients and always treat you with care and respect.
Discuss your situation with an experienced Ventura attorney. Call the Law Offices of Robert P. Wright at (805) 667-0156 or contact us online.