Services
01. Divorce
What Is A Contested Divorce?
Contested Divorce is a type of divorce in which neither spouse can come to an agreement, whether it’s about the divorce itself (second thoughts), division of assets, child support/custody, or even spousal support/alimony. We help prepare the documents for your contested divorce and file them with your local court, or court of choosing. We do not give legal advice or represent you in court.
What Is An Uncontested Divorce?
An Uncontested Divorce is a type of divorce in which the spouses agree on everything about the divorce, such as: division of assets, custody, alimony, etc. We help prepare the documents for your uncontested divorce and file them with your local court, or court of choosing.
Default Divorce
A default divorce is one in which the courts pass judgment on the divorce after the respondent fails to respond. If it's clear you've ignored all the notices regarding your divorce case, a judge can enter a default divorce judgment against you and grant your spouse's requests for support, property, and custody.
How Assets Are Divided In California Divorce Without An Agreement
In California, each spouse or partner owns one-half of the community property. And, each spouse or partner is responsible for one-half of the debt. Community property and community debts are usually divided equally. You may have more community property than you realize.
Community Property vs Separate Property
California is a community property state. In plain English, this means that generally, property acquired during the marriage by either spouse is presumed to be owned by each spouse equally.
Separate property is defined in California as an asset owned prior to the date of marriage, acquired after the date of separation or acquired after the date of marriage and prior to the date of separation by way of inheritance or gift as it is defined by the California Family Code.
How Long Does A Divorce Take In California?
A divorce in California always takes a minimum of six months. Technically six months and one day, from the date the other party was served. This is called a “waiting period.” The waiting period is to make sure you and your spouse do not change your mind about going through with the divorce.
What Is Spousal Support? (Alimony)
A general rule is that spousal support will last for half the length of a less than 10 years long marriage. This means that if you were married for six years, the judge has the right to limit alimony for one-half of the marriage if the need exists (three years). However, in longer marriages, the court will not set alimony duration. The burden will be on the party who pays to prove that spousal support is not necessary at some future point in time. For longer marriages, where the parties may be older and their earning potential lower, the time the lower- or non-income earner may require support for much longer. In either case, California law requires the partner receiving support to make a good faith effort to support his or herself. The guideline states that the paying spouse's support be presumptively 40% of his or her net monthly income, reduced by one-half of the receiving spouse's net monthly income. If child support is an issue, spousal support is calculated after child support is calculated.
What Is Garnishment Of Wages? Why Might I Need It?
Garnishment of wages is when a court orders a portion of the spouses earnings to be withheld from their employer to then pay back the debt they owe the opposite spouse. If your spouse is not paying spousal support awarded to you, by the court, you may be able to garnish their wages.
