Considering a Divorce: Learn Your Options
Posted on: June 21, 2019
If you are not in a healthy marriage, it’s okay to make the decision to end it. California is a no fault divorce state, which means that anyone can initiate a divorce proceeding at any time for any reason. You do not need your partner’s consent to apply for divorce, however, it would make the process run more smoothly. If you are considering a divorce, it’s important to know your options. While hiring an experienced family law attorney is the best way to plan your next steps, the information below will give you a better idea of your options.
Are you seriously considering a divorce?
The first question you need to ask yourself is if you’re seriously considering getting a divorce. This is a big step and things can get messy quickly. It’s okay to consider divorce and decide that you want one, but it’s something that should get some careful consideration first.
What are the divorce options in California?
If you are ready to move forward with a divorce, there are plenty of options available to you. The first option is self-representation. This is when you represent yourself in court. This will help you save on legal fees, but this can cost you money in the long run if it results in an unfavorable judgment.
Litigation is another option when it comes to getting divorced. This occurs when a divorcing couple doesn’t agree on the terms and the case needs to be presented in court so a judge can decide on the matters being contested. If this happens, you will certainly need an experienced divorce attorney like Kendall Gkikas & Mitchell, LLP on your team.
Another divorce option in California is called mediation. This is when the divorce is not being contested by either party and the spouses can work together to reach a divorce agreement outside of the court. You will still need an attorney on your side to ensure you get everything you’re entitled to, but this is a less costly option that litigation.
Are there other ways to legally separate from your spouse in California?
If you are looking for other ways to legally separate from a spouse, there are a few options in California. You can legally separate, which means two spouses to live apart and have a court issue decisions on child support, child custody, and spousal support. However, legal separation does not officially end a marriage.
You can also get an annulment to terminate a marriage that wasn’t legal in the first place. Examples of this include a marriage that was bigamous, incestuous, involved a minor or was entered into by force or fraud.
A summary dissolution is another option that is a simpler divorce proceeding for those who have been married less than five years, have no significant assets or debts, and no children.
Do I need to hire a divorce attorney?
No matter how you proceed with a divorce or legal separation, it is essential to have an experienced family law attorney like Kendall Gkikas & Mitchell, LLP on your side! We will fight aggressively to ensure you get a fair settlement with everything you’re entitled to. Contact us at 909-482-1422 to schedule your consultation!