Code of Divorce Laws in California, Initial Consultation, Robert Kroll, Esq.


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Code of Divorce Laws in California (Dissolution of Marriage)
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It Doesn't Have to be Miserable
Divorce under California law can be quick, efficient and handled through mediation and negotiation with one of the many skilled family law divorce lawyers in California. You don't have to go to court. A legal separation, which involves the same procedures and law, determines parenting arrangements, support for the spouse and children, and divides the assets and debts of the parties without ending the marital status. A marriage can not be terminated by a California court in less than six months from the date the court becomes involved in a divorce case. Legal separation can be done in a matter of days or weeks.

Maintaining the Status Quo
In a California divorce, the financial status quo must be maintained. Neither party may terminate life, health, property, or auto insurance, take pension benefits, or dispose of family or separate property (except for the necessities of life).

Legal Separation
Legal separation in California is for people who do not want to remarry, or who want to continue to receive their spouse's health insurance benefits. A California legal separation has no six-month waiting period. The marriage is not terminated. The issues involving children, support, and dividing property can all be handled in a legal separation.

Community Property
Community property in California is any property acquired during marriage, except for gifts or inheritances.

Separate Property
Separate property in California is all property acquired before marriage or after the date of separation. The date of separation is the date on which one or the other party decided the marriage was permanently over. Property acquired by gift or inheritance is also separate.

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Prenuptial Agreements
Parties may write contracts, called pre-nuptial agreements. In California, to change the way property and things are divided at the end of a marriage. These agreements should be carefully prepared by a lawyer to ensure they are binding when they need to be binding.

Can I Get Reimbursed for Attorney's Fees I've Incurred?
In California family law or divorce cases, the judge can award attorney's fees to a person who could not otherwise afford a lawyer. The judge can also award attorney's fees, payable by the other party, if the other party is misusing or abusing the court process by unreasonably delaying the process or by concealing or lying about information relevant to the case.

What If The Other Party Is Lying?
A party can lie, and many do, even under oath. Such lies amount to "perjury", a crime. Will they be punished? Rarely. Do we use their lies against them? Frequently.

How Long Will It Take?
Terminating marital status so the client can re-marry or end a marriage takes a minimum of six months from the date a petition is served, answered, or the other party submits to the power of the court. Separating or dividing property, awarding child and spousal support, moving out, and other courts orders can be done in a matter of days or weeks.

Why hire a lawyer?
Family law divorce lawyers in California can counsel you and see you through this most difficult period in your life. He or she can guide you to the end of the process in the most direct, least painful way, and protect your interests in your children, your future income, support, and all of your property, assets and debts. If you think a lawyer is expensive, try doing your own divorce. You would not consider having a surgical operation without a medical doctor.

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Robert E. Kroll provides legal guidance in the State of California for child custody mediation, child custody laws, divorce laws, California child support laws, spousal support laws, legal wills, durable power of attorney forms, California probate codes, DUI and DMV and all aspects of California family codes.

Serving the San Francisco Bay Area for nearly two decades, including the East Bay, Alameda County, Berkeley, Oakland, Albany, Alameda, Hayward, Martinez, Richmond, Contra Costa County, Marin County, and other California counties.

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