Dissolution of Marriage
Going through a divorce can be one of the most stressful times in a person’s life. The choice to seek divorce can be a difficult decision, especially when child are involved. We hope to make it easier for you and your children. We represent clients in both contested and uncontested divorce. At Anthoor Law Group our attorneys listen to you and answer all of your questions. We will then evaluate your situation and advise you of all your options under the law. Our goal is to help make the decisions that protect your legal rights, and that are in the best interests of your family and your children. We know there is more going on in your life than just your divorce. Ending a marriage is never something we take lightly. We strive to get to know you as a person, as an individual, so we can custom tailor an experience you can look back on without regret. Change is inevitable, but the stress and anxiety you feel about those changes does not have to be. Our team works hard everyday to help people going through divorce cope with stress, uncertainty, fear, and the financial issues that come with the territory.
Contested vs. Uncontested Divorce
There are two kinds of divorces - contested and uncontested. A contested divorce is one in which the parties cannot agree, either about getting divorced or about the terms of the divorce, such as the division of assets, allocation of debts, alimony, child support, or the custody of children.
In an uncontested divorce, the spouses agree on everything and do not need the court to divide assets or make determinations about spousal or child support or custody. In general, an uncontested divorce will proceed through the system more quickly, be much less complicated, and less of a financial burden.
Often couples will begin the process of a contested divorce and then, before the actual trial, reach agreement on the financial terms and otherwise-of the divorce. This is called a settlement. One of the biggest advantages of a settlement is that neither spouse will appeal it, because both by definition agree to it and thus are presumably happy with it. Both parties can therefore be assured of finality and an end to litigation. If you reach a settlement with your spouse, it is essential to have the agreement memorialized in such a way that it makes the settlement legally binding and enforceable.
Many times, couples will disagree on how things such as child custody or property should be divided. A divorce is not always a straightforward resolution. The results of a divorce can affect you for years to come. Of course, you may be able to seek divorce modifications down the road, but it does not apply to everything and it is not always easy.
California is a no-fault divorce state, which means that either party may file for divorce for no other reason than irreconcilable differences. Despite the emotions often involved in such matters, our firm believes that it is in the best interests of both parties to work out an agreement and avoid costly, expensive, and heated divorce litigation.
There are many instances in which a married couple may choose to separate without actively pursuing divorce. Some couples choose to live apart on a permanent basis without ever planning to file for divorce. A couple may also choose to separate temporarily before deciding whether or not divorce is the right decision. If you choose to separate from your spouse without taking legal steps to protect yourself the problems may arise regardless of your situation. Child custody problems, the accruement of debt, or the sale of valuable marital assets can be avoided with legal planning.
A legal separation is similar to a divorce and is filed with the Court. Issues such as child custody & visitation, child support, and alimony are decided upon, and the Court must make a final judgment on the request.
If health insurance is a concern then we will help you determine if separation would negatively impact your benefits. We will work with you to determine issues such as who will live in the family home, how finances will be divided and spent, as well as any community property issues. Mediating your separation ensures that you can rest easy knowing that your future is protected. Both you and your spouse can enjoy an amicable separation.
Dividing Property in California
California is a community property state. What this means is that all assets acquired during the marriage, including the increased value of assets brought into the marriage, are considered part of the community property. Dividing it in the event of divorce can be difficult to accomplish without the help of an experienced divorce lawyer.
Annulment is a frequently misunderstood legal concept. Annulments and divorces are similar in the sense that they restore one to being a single person. The difference between them is that divorce declares your marriage to be over while an annulment declares that your marriage was never valid to begin with and that it never happened. Annulments are only granted on very specific grounds and have nothing to do with the brevity of a marriage.
Grounds for Annulment
There are many reasons why one may prefer an annulment over divorce. The grounds for annulment, however, are very specific. One of the following criteria must be met to be eligible for an annulment in California:
- The couple is related by blood
- One spouse was already married at the time of the second marriage
- The person requesting the annulment was not eighteen years old at the time of the marriage
- Either spouse perpetrated a fraud to obtain the other party's consent to marriage.
- The male spouse is impotent.
- One or both spouses is of "unsound mind," or were of unsound mind at the time of the wedding (for example, extreme intoxication).
- One spouse forced the other to get married
The person who is asking for the annulment must provide proof that one or more of the above reasons existed at the time of the marriage. If you do not meet any of these conditions then you will still be able to end the marriage, but you will have to do so through either a contested or Uncontested divorce.
Do not hesitate to contact our firm today to schedule your free consultation
Contact Us to Get Started Today
Our experienced Fremont divorce attorneys at the Anthoor Law Group, APC can help you get through this stressful and difficult time. Divorce can be drawn out for long periods of time often resulting in going to court, which can significantly impact your financial and mental well-being. However, by going through the mediation process, you and your spouse could be one step closer to settling your marriage and moving forward with your lives in a peaceful and civil manner.