The period of time surrounding a divorce is usually exhausting and emotionally depleting. The foundation of marriage, which you once depended on as a source of unconditional love and support has dissolved. This can cause understandable distress. Once you have decided to file for divorce, you will probably experience a range of emotions from anger and sadness to relief and a sense of freedom.
It is important that you hire an understanding divorce attorney who can help you through the emotional and sometimes complicated realm of the ensuing divorce proceedings.
Daniel Pocklington, Respected Divorce Attorney in San Ramon, Provides Professional and Supportive Divorce Representation
Once you have decided to file for divorce, it is important that you establish whether or not you need a divorce attorney to help you navigate the divorce proceedings. Depending on the situation, you may only need minor legal assistance, such as the support of a Paralegal. This is especially true in cases where children are not involved and/or there are limited assets to be divided. We are happy to consult with you during a complimentary consultation to determine what your legal needs will be. Our in-house Paralegals may be able to assist you with your case.
However, if your assets are more complicated, if there are child custody issues to be decided, and/or if your partner has already obtained legal counsel, it is highly recommended that you obtain representation from an experienced divorce attorney. At Pocklington Law Offices, an experienced divorce attorney in San Ramon, our competent legal staff can help you protect your rights, as well as the rights and well being of your children.
What are the legal grounds for obtaining a divorce in California?
California is considered a “no-fault divorce” state. In a no-fault divorce, an individual can file for, and obtain, a divorce without having to prove that his/her spouse did something wrong. There are two official grounds for a no-fault divorce:
- Incurable Insanity
- Irreconcilable Differences
By and large the most common grounds for divorce in California are “irreconcilable differences”. It is also the simplest type of divorce to obtain. “Incurable insanity” is very difficult to prove. Plus, if you claim “incurable Insanity” as grounds for your divorce, you may be financially obligated to take care of the ex-spouse for the rest of his/her life, in addition to being 100% responsible for your children’s financial and physical well being.
We will be happy to explain the more complicated details regarding these rules when you contact us.
How Will Our Assets Be Divided?
In a perfect world, spouses would freely divide their property in a way that seems fair and equitable to them both. This is done using a legally drawn contract called a “Marital Settlement Agreement.” You may also see this referred to as an MSA. All property, financial assets, and even alimony and child support can be represented using this document. Once all assets and financial decisions have been reached, both parties sign the document as a symbol of their agreement and the court makes it into an order. Once the MSA has been ordered by the court, the parties are held accountable to the agreement. Either party’s failure to uphold the court’s order can result in an individual being held in contempt of court.
In many cases, the spouses are not able to reach an agreement about the division of their property, assets, and/or child custody issues. In these cases, it is the court which decides how the parties’ assets will be equally divided. There are many factors involved in how the court actually determines “equal distribution of property”. Please feel free to contact Dan Pocklington, a San Ramon Divorce Lawyer, if you are interested in learning further about the more detailed aspects of asset division.
When You Need A Divorce Attorney San Ramon, Hire Daniel Pocklington
There are other divorce-related legal proceedings that are best handled by a professional divorce attorney. Some of them include:
- Termination of Registered Domestic Partnerships
- Child Custody
- Child Support
- Alimony – spousal support
Our supportive lawyers and legal representatives can also make excellent referrals for family therapists and/or licensed private investigators, who can be instrumental in helping you and your lawyers prepare for your case. The evidence these entities provide can assist the court in making the final decisions regarding your divorce proceedings.
We understand that this is a difficult and sensitive time for you and your family. Our lawyers will work patiently and conscientiously to make the days ahead as simple and fluid as possible. Please contact Pocklington Law Offices today so that we can help you begin to move forward with your future.