A divorce, also known as a "dissolution of marriage," is a formal acknowledgment by a court that a marriage is officially over. Child support, child custody, and alimony are examples of issues that persist after a divorce is finalized. A person is free to remarry after their divorce has been finalized, though they may still be bound by certain obligations.
The Law Offices of Melissa A. Atteberry is the place to go if you're filing for divorce and want to be represented by an attorney you can trust. We provide in-depth assistance with all of the divorce process. Divorce can be quickly and easily finalized with our assistance if an agreement can be reached.
Since California is a "no-fault" divorce state, neither party is held responsible for the dissolution of the marriage. Domestic partners and same-sex couples who have wed now have the same legal rights as anyone else in California to dissolve their marriage if they so choose.
After filing for divorce in California, expect at least six months to pass. This is due to the California law that requires a six month waiting period after a divorce petition is filed. This buys the couple more time to talk things out and reach common ground. If you or your spouse aren't California residents, getting a divorce could take longer. Divorce in California requires:
The division of property and debt can be a straightforward process at times; however, the vast majority of the time, it is a difficult undertaking that calls for the assistance of an accomplished attorney. The Law Offices of Melissa A. Atteberry will fight to protect your rights and interests. We are able to make certain that the negotiations are conducted in an equitable manner and that the resolution reached is satisfactory.
Community property is the characterization for the assets and debts the parties acquired from date of marriage through date of separation Assets that were acquired before the marriage or after date of separation are called "separate property." When a couple gets divorced, separate property is not part of the property division. Even though this may seem easy, it can take a long time and be hard to figure out if the property is community or separate.
Mixed property or mixed assets is the third type.
There is also a third type of property called "mixed property," which is made up of both separate and community parts. This could be a car that one partner bought before they got married and then paid for with money they made during the marriage. Another example is if one spouse got an inheritance, which is usually considered separate property, but then put the money from the inheritance into a joint checking account while they were married. If this happens, and it gets mixed together, itcan be easy to untangle sometimes, but it can also be hard to untangle and will require tracing. Usually, tracing is done when assets have been commingled.
After deciding if the property is community or separate, you have to decide how much each asset is worth. Most of the time, it's hard for couples to agree on how much each item is worth. In this case, financial experts and advisors can be big help in figuring out what to do. If you and your partner can talk to each other well, you can divide the assets and debts between you. But the courts can also get involved if an agreement cannot be reached.
Parties often initially disagree on property characterization, valuation, disposal, or division. To divide property and debt quickly, wisely and inexpensively both spouses must cooperate to reach an agreement.
The community property should be divided equally so each spouse gets roughly the same amount. If spouses cannot agree, the Court may make orders neither party appreciate. s Compromises matter and having a skilled attorney guide you through the negotiation process is important.
Parties often disagree on property classification, disposal, or division. To divide property and debt quickly, wisely, and cheaply, both spouses must cooperate.
All property should be divided equally so each spouse gets roughly the same value. If spouses cannot agree, the Court may order them to sell everything and divide the funds. Compromises matter. Assigning community debt to one spouse can balance keeping more liquid funds (checking, stock, etc.). Both spouses must reach an equal "net" share, or the value of the assigned property after subtracting the assigned.
The marital settlement agreement must be included in the Court's judgment after property and debt are divided. Thus, it can be enforced like any money judgment.
Legal protections for lesbian, gay, bisexual, and transgender people in California and across the country have a complex and dynamic history. In the event of a divorce or legal separation, it is a complex area of law that can have serious consequences for your rights.
Today, same-sex couples can get married, divorced, have children, and even end their domestic partnership if they so choose. Melissa A. Atteberry is familiar with the history and can protect your rights is necessary to handle these legal issues, especially given the constant evolution of the laws in recent years.
Divorce is one of the hardest times in people’s lives. There are many different emotions both individuals face during the separation. Having an attorney who understands this and is trained to support you emotionally through the process can make a world of difference. Melissa A. Atteberry has a special dedication and genuine care for her clients. Click here to learn more about our education and counselling.
In need of an experience divorce attorney? Book an appointment with Melissa A. Atteberry by calling (530) 895-8932.
Phone: (530) 895-8932
Fax: (530) 895-0484
Email: melissa.atteberrylaw@gmail.com
Address: 1550 Humboldt Rd., Suite #1 Chico, CA 95928
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