Divorce may be an emotionally challenging process for anyone. If you are anticipating a divorce or going through this process, having a skilled family law attorney on your side may make a huge difference to the eventual outcome. San Diego divorce lawyer Roseline D. Feral recognizes the stress and uncertainty that you may be facing, and she can provide representation that is compassionate as well as tenacious.Understanding Your Options in Divorce Proceedings
While Attorney Feral has a strong litigation background, she is also a skilled negotiator who believes in resolving family law matters amicably when possible. Negotiations save clients not only time and anxiety but also money. She knows that divorce litigation may be expensive, and family courts may not be the best way to reach final resolutions on sensitive issues like property division, child custody, and child and spousal support. Having said that, if negotiations prove to be futile, Attorney Feral is not afraid to zealously advocate for your rights in the courtroom.
In California, all divorces are “no fault” divorces, which means that a spouse seeking a divorce does not need to provide wrongdoing or fault by the other spouse. Instead, a spouse seeking a divorce only needs to cite “irreconcilable differences,” meaning that the spouses can no longer get along. Under state law, there is a six-month waiting period before a divorce will become final. This does not mean that the divorce will automatically be finalized at that stage but instead that six months is the earliest that you will receive a divorce. In many cases, especially those involving significant assets or young children, a divorce will require much more time.
California law mandates that certain residency requirements must be met before someone may file for a divorce. At least one spouse must have lived in the state for a minimum of six consecutive months and must have lived for a minimum of three consecutive months in the county where the divorce petition is filed. If the spouses have separated and reside in two different counties in California, the divorce petition may be filed in either county.
Property division may be one of the most complicated aspects of a divorce. California uses a community property rule in which the couple’s marital assets are divided 50/50, rather than the equitable distribution principle that is used in many states. While the community property rule may seem straightforward, determining which assets are marital and which are separate is often complicated. Separate property is generally property that is acquired before the marriage by either spouse or acquired through gift or inheritance, and it is not subject to division. However, separate and marital assets often are commingled during the course of a lengthy marriage, requiring a more complex analysis of whether and how a certain asset should be divided.Explore Your Options with a Divorce Lawyer in San Diego
Dissolving a marriage is a challenging process, and it is important to emerge from it with your future protected. If you are going through a divorce, you should seek guidance from San Diego divorce attorney Roseline D. Feral, who can help you understand what to expect and advise you on your options. She also assists spouses in Chula Vista, Coronado, Del Mar, Carlsbad, Encinitas, La Jolla, Oceanside, Escondido, Ramona, Rancho Santa Fe, San Marcos, Valley Center, and Vista, as well as other Southern California cities. For a consultation with a divorce or child custody lawyer, you can contact us online or call our office at 619-232-1010, or you may reach Attorney Feral directly at 619-301-1191.