Certified Divorce Specialist in Diamond Bar and Surrounding Areas
Divorce can be challenging, and it can be messy. At the Morris Law Firm, we strive to minimize the trauma and to ensure that the process is as seamless for our clients as possible. You are going through enough — let us take care of the legal details so that you can focus on your family and your own emotional needs during this difficult time. Our Glendora divorce attorney team understands how to navigate divorce and family law matters, including child support, child custody, spousal support, and more.
Whether you need help with a contested/uncontested divorce, mediation, or same-sex divorce representation, give us a call today at (626) 914-2791!
Going Above & Beyond For Our Clients
We want you to be able to move forward from your present circumstances with confidence. In order to help you achieve this goal, we are intentional about prioritizing you and your needs.
As a law firm, our priorities and objectives include:
- Ensuring efficiency while moving toward a resolution: We work hard and go the extra mile to minimize the amount of time it takes to conclude a divorce.
- Helping clients set their priorities: With more than 25 years of experience behind us, we know how to help each client set priorities in order to orient his or her course toward the best possible outcome.
- Preparing clients for the future: Our desire to proactively defend our clients' interests extends past the duration of their cases. We also work hard to help our clients know what to expect and to develop skills necessary to minimize any future fall-outs and costs.
Filing for Divorce in California
It is not necessary to provide a reason for the divorce, also known as the “grounds for divorce.” Most often, the reason used is “irreconcilable differences.” The courts will not inquire further or require you to provide more detail. You only need to state that the marriage has broken down to the point where you and your spouse absolutely cannot continue on as a married couple.
After filing your divorce petition in court, the next step is to serve your spouse divorce papers. Your spouse will have 30 days from the day the petition was filed to issue a response. You must be a resident of California for at least six months before you file, as well as a resident of the county where you are filing for divorce for at least three months.
When Fault is Considered in CA Divorce
Fault is sometimes considered when deciding on alimony or custody arrangements. A spouse at fault for the breakdown of the marriage may be scrutinized closely by the judge. It can impact their ability to gain some form of custody, or they may be required to pay more in alimony.
Common Types of Divorce in California
There are several different types of divorce that may be considered. The divorce process in California will depend mostly on your particular circumstances. Our legal team can help you evaluate your situation and move forward with the most efficient and effective option.
No-Fault Divorce:
- You do not need to prove your spouse was at-fault.
Simplified Divorce:
- Typically applies to short-term marriages.
Limited Divorce:
- This is court-supervised. The couple is not technically divorced, but are living apart, and can settle issues such as custody or property division.
Contested Divorce:
- In a contested divorce, the parties cannot agree on the terms of the divorce, or perhaps about the divorce in the first place. This requires significant mediation and the potential for a trial, where a judge will make the final ruling about the terms.
Uncontested Divorce:
- When both parties simply want to peaceably dissolve their marriage, an uncontested divorce is typically a good fit. The parties are able to come to an agreement on terms like spousal support, child support, custody, and other details on their own.
Same-Sex Divorce:
- The State of California recognizes no-fault divorces for same-sex couples. If you or your spouse have lived in the state for 6 months before requesting a divorce and one spouse has lived in the county for at least 3 months where you will file for divorce, you are eligible for divorce. If you don't meet these requirements, you still have other options.
What Does It Mean To Have A “Pro Se Divorce?”
“Pro se” is a Latin phrase meaning “for oneself.” In California, you are not required to hire an attorney to represent you in divorce court. Unfortunately, divorce cases are rarely straightforward, and if you chose to present yourself, you could be putting yourself at a severe disadvantage. Given the complexities that accompany these types of cases, it is rarely (if ever) a good idea to go without the counsel of an experienced divorce attorney.
Do You Need a Lawyer for Divorce?
Not every divorce needs to be represented by an attorney, especially if the marriage is short and both sides agree to every term. A trip to your local court or clerk's office will usually supply you with all the paperwork and forms necessary.
If you and your spouse do not agree to all terms of the divorce, then hiring an attorney would be in your best interests. Issues such as child custody or support can get complicated, especially when your parental rights are at stake. Property division can be another complex issue when large amounts of assets are being dispersed. Having an experienced legal expert by your side means proper guidance and recommendations for deciding on which issues to aggressively pursue.
If your spouse decides to hire an attorney, then it is critical that you retain one as well. You do not want to combat a professional alone. Call us today for a consultation and let us fight for you.
Does Misconduct By Either Spouse Play A Role In the Final Judgement of the Court?
The short answer is maybe. Even though California is a “no-fault” divorce state, the Court may consider evidence of domestic violence when determining a judgment on custody determination or spousal support. Additionally, California law allows the Court can consider misappropriation of assets when determining a property award.
What Factors Must Be Met In Order to Dissolve a Marriage By Summary Dissolution Procedure
There are several factors that must be met in order to dissolve by a summary dissolution procedure. It's important to note that ALL the factors must be meet in order to comply with this method. These factors include:
- Both parties must agree that the marriage needs to be dissolved
- Waived rights to spousal support
- Community assets are less than the statutory amount
- At least one of the parties meets the residency requirements
- There were no large debts incurred during the marriage
- There is no interest in real property
- The marriage lasted no more than 5 years to the date the petition was filed
- Waived right to appeal or modify
- There are no children involved
- Signed agreement dividing community assets and liabilities
Pursue Resolution with a Divorce Lawyer from the Morris Law Firm!
Whatever your circumstances, the benefits of having a skilled and experienced Glendora divorce attorney involved are many. With more than 25 years of experience, Attorney Charles Morris can walk you through your options and pursue a favorable outcome on your behalf. We maintain a 10.0 rating on AVVO and are highly regarded by the surrounding legal community.
Find out if we are the right fit for you by contacting us today to schedule a consultation.
