The end of a marriage can be a challenging time. Emotions run high and there are numerous details about your legal relationship that must be addressed. In Carlsbad, as in all of California, married couples can terminate their marriage through a Divorce procedure. If you and your spouse have children and have obtained property during the marriage, a Divorce lawyer can help sort your legal issues, provide appropriate advice, and file the required documents in court.

No-fault Divorce

The state of California observes a “no-fault” Divorce which does not require any party to specify the wrongdoing/s that led to the breakdown of the marriage. A Divorce may be granted on grounds that the parties suffer from irreconcilable differences. However, the fault of one party, such as abandonment, adultery and physical abuse, may be a factor when determining alimony and property division.

Who Can File for Divorce in California?

Only legally married persons can be Divorced in California. Thus, common-law marriages, regardless of the length of time you have lived with one another, or used the name of your husband, cannot be the subject of a Divorce petition. You must also have been a resident of California for a minimum period of six months prior to filing the petition, and in the county where the petition is filed for at least three months.

Waiting Period

A Divorce becomes finalized after six months from filing and service of the Divorce papers on the other spouse. You may not remarry during the waiting period.

Related Issues

Divorce can become complicated when it involves issues of support, child custody and property division, each of which are subject to specific family laws and are often hotly contested. Your Carlsbad family lawyer can help you sort the issues and keep the focus on what is legally relevant to you and your children.

In Carlsbad, California, the law offices of Fischer and Van Thiel, LLP have years of experience in Divorce cases, helping clients prepare legal forms and agreements out of court, and protecting your best interests in court. We also handle child custody and visitation, child and spousal support, and property division cases.

We invite you to call us at (760) 722-7669 to schedule a consultation to discuss the particulars of your case.