How Do I Get Divorced In California?
Just as marriages are unique, divorces are not all alike, either. Your finances and family structure will help determine what your path to divorce will be like. If you or your spouse or both have decided that your relationship is coming to an end, you can face this reality with dignity and prepare to go your separate ways with your eyes wide open. A knowledgeable, compassionate family law attorney on your side can guide you while protecting your interests. The fear of the unknown can be replaced by a clear focus on your future.
What issues matter to you the most? Keeping your home? Providing stability for your children? Protecting your business? When GTH Law Group is on your side, divorce attorney Ginny Hsiao will take your priorities into full account when devising a personalized strategy for your marital dissolution. You will naturally hope to emerge with a sound financial picture as well as a parenting plan that will protect your children’s interests. As your divorce lawyer, Ginny will show you how to proceed.
Uncontested Or Contested?
If you and your spouse have been married less than five years, have less than $47,000 in property and have no children, you may qualify to file a joint petition for summary dissolution. This can be a sensible way forward if you agree on how to divide your property and debts.
However, if you have been married longer and/or have a larger marital estate, you will likely pursue a traditional divorce. One of you will file a petition for divorce and the other will respond. According to California’s community property laws, your assets will be divided. Ginny can lead you through settlement negotiations or mediation, or she can fight for you in court as needed.
Whether you believe your divorce is uncontested or contested, beware of “do-it-yourself” divorce plans. Many people have unnecessarily given up their rights to retirement benefits, health insurance and/or spousal support by rushing to settle their divorces at a low cost. Ginny urges you to consult with a lawyer before taking steps you cannot reverse.
Consider These Issues Carefully
In an initial consultation with Ginny, you can discuss any of the following that may be relevant to your case:
- Review of a prenuptial or postnuptial agreement (prenup or postnup): You may believe your divorce is constrained by a prenup that you signed, but it may be defective. Get legal advice before assuming that your prenup will apply.
- Child custody and support: When your children’s futures are under consideration, legal counsel can help ensure that your spouse’s income is calculated correctly and that your parent-child relationships receive all available legal protections. Besides providing guidance for divorcing parents, attorney Hsiao also represents unmarried parents who must settle these issues.
- Legal separation: Perhaps you are convinced that you need to separate your finances from those of your spouse but you are not yet ready to take the final step toward a complete divorce. Religious considerations, health insurance needs or other issues may indicate that legal separation is the way to go at this time. Attorney Hsiao is ready to advocate for your rights in a legal separation as well as help you transition from a separation to a divorce. If your marriage was not legitimate for some reason, she may be able to help you obtain an annulment.
Divorce is no picnic, but it is also not the end of the world. Today’s generation does not carry the same burden of stigma that past generations did over divorce. This is generally the case in both American life and Chinese culture. You do not need to let worries about your social status keep you from acting now to protect your interests when your marriage or domestic partnership has broken down.
Get Compassionate, Practical Advice For Your California Divorce Now
Don’t wait to get the direction you need when your marriage is headed for divorce. From the firm’s office in Arcadia or Irvine, Ginny advises clients throughout Los Angeles County and beyond in Southern California.