California Divorce Information
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Call us now or use the form below. Frequently Asked Questions about California Dissolution of MarriageQ: What is dissolution of marriage? A: Rather than referring to "divorce," California law refers to "dissolution of marriage." There is no fundamental difference between what is called "divorce" in another state and what is called "dissolution of marriage" in California. Both terms refer to the process by which a marriage between parties is terminated and their respective legal rights and obligations regarding property, child custody, and child and spousal support are determined. Q: Because California is a so-called "no-fault" divorce state, does misconduct by either spouse ever come into play in the final judgment of the court? A: Perhaps, in some circumstances; for example, under California law, when making a custody determination, the court must consider whether there is evidence of domestic violence. Also, a determination of whether one party will be awarded spousal support may hinge on the issue of a domestic violence conviction. California law also provides that in making a property award, the court may consider misappropriation of an asset by one party to the detriment of the other. In recent years, more than 60% of California marriages have ended in divorce. If you have questions about how California law may address the issues in your marriage, contact a California family law attorney. Oakland, California, Divorce LawyersIf you are seeking a California divorce lawyer or mediation attorney to resolve complex issues concerning property division, child custody, child support and spousal support, or other family law matter, we can help. With offices in Oakland and Walnut Creek, the family law attorneys of Robert A. Goodman Law Offices work hard to resolve California divorces in a reasonable, cost-effective, and efficient manner. Divorce Mediation and Family Law LitigationOur founding attorney Robert A. Goodman is certified as a Family Law Specialist by the California State Bar Board of Legal Specialization. We use our experience and expertise to provide clients with high-quality legal advice and representation in the areas of divorce and family law. When possible we help clients resolve disputes through mediation and collaborative law. When necessary to achieve the desired outcome, our divorce lawyers are strong advocates for our clients in the courtroom. To schedule a free consultation with one of our experienced divorce attorneys in our Oakland or Walnut Creek office, please contact us. California Dissolution of Marriage - An OverviewThe breakdown of a marriage is likely one of the most stressful times in a person's life, and divorce is a daunting task to undertake alone. An attorney experienced in California family law can guide you, professionally yet compassionately, through this often-difficult time. If you are contemplating dissolution of marriage, call an attorney today. Division of PropertyCalifornia is a community property state. California defines community property as all that property, both real and personal, which a married person living in the state acquires during the marriage. This includes property that is located outside the state as well as within the state. With the exception of separate property, no matter how property is titled, and, in the case of income, no matter who earned it, if it is acquired during the marriage it is considered part of the marital community estate. Upon dissolution of the marriage, community property, absent an agreement between the parties, is divided equally between them. However, an absolute equal division of each asset would not be possible or even reasonable in many cases. For example, to achieve an equal division of every asset would require sale of each asset and division of the proceeds. For many families, forcing sale of the family residence at the time of the dissolution can cause disruption to the family and result in even more inequity than awarding the residence to one spouse while awarding another asset of equal value to the other spouse. As a result, valuation of properties may become one of the major points of dispute between parties. Domestic Violence and Child CustodyEven though California is a no-fault state for dissolution of marriage, evidence of domestic violence in a marriage can play a major role in decisions regarding the children of the parties. Spousal SupportIn California, married persons have a right and an obligation to support each other during their marriage. Depending upon numerous factors taken into consideration by a court in a dissolution case, this obligation may extend beyond the marriage. Alternative Dispute Resolution (ADR) in California Dissolution CasesIn California, parties wishing to lessen conflict and work toward more win-win solutions to their disputes can take advantage of many modes of alternative dispute resolution (ADR), including, in the larger counties, conciliation court (in larger counties), mediation, and collaborative law. California Dissolution of Marriage Resource Links
Judicial Council and the Administrative Office of the Courts for California
California Law Search Page Family Law Code
National Council of Juvenile and Family Court Judges
Divorce Care
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