At Boyd Law, we understand divorce is a complex and emotionally turbulent part of a person’s life. If you are going through a divorce in the Folsom area, contact the family law attorneys at Boyd Law to set up a consultation – we aim to provide guidance and compassion navigating you through the family law issues of divorce. We have extensive resources to provide our clients the best possible outcome during a difficult situation.
SHAME-FREE DIVORCE LAW
It can be difficult to work through the emotional turmoil of a divorce. Divorce can conjure feelings shame as well as the belief that you failed in some way. This is not the case, and divorce is an unfortunate problem that comes to may many couples. Boyd Law is a firm that will alleviate your feelings of guilt, providing you the knowledge and legal experience necessary to navigate the turbulent waters of divorce law.
FAMILY LAW FOR ANY SITUATION
Every marriage is unique, and so too is every divorce. The law team at Boyd Law has decades of combined experience with many common – and not so common – situations that arise during divorce. Our divorce attorneys can assist with:
You do not have to go through your divorce alone; we are here to help you understand your legal rights and obligations and guide you to the best possible outcome for your family.
THE DIFFERENT TYPES OF DIVORCE
California has several options available for divorce, and we can guide you through each in turn. The most common form of ending a marriage is through typical divorce – a dissolution of a legal, legitimate marriage. Whether acrimonious or amicable, divorce law is complicated and requires expertise in all aspects of family law.
California is a no-fault state, meaning that there does not need to be a specific reason for ending a marriage. In no-fault cases, the courts list the cause of divorce as “irreconcilable differences” and only requires one spouse’s assent that the marriage does not work due to personal incompatibility. Contesting a divorce, while possible, does not mean that the divorce will not proceed.
Legal separation is often the choice for couples who are not eligible for California dissolution. Normally, this means that the parties lack the residency requirements needed. Sometimes, though, couples voluntarily choose separation so that they may live apart without fully dissolving their marriage. Neither spouse can remarry in separation cases, and the marriage is still valid, but the two parties may also file certain restrictions and restraints.
Finally, annulment cases are available only under extreme circumstances. Typically, an annulment – the declaration that the original marriage was invalid, and thus ceases to exist – only occurs during cases of incest or bigamy where one partner was already legally married.
Is Cause Required for a Divorce?
In California, you do not need to prove fault or causation to get a divorce. The courts do not require proof of fault to finalize a dissolution of marriage. It will not matter whether one of you is to blame for creating problems or irreconcilable differences. The courts will accept and process your divorce case if you only cite irreconcilable differences as the cause of your no-fault divorce. You generally will not need to go into detail about the reason for your divorce. Cause will not impact the judge’s decisions in California.
As a true no-fault state, a couple cannot try to use causation or blame against each other during a divorce case in California. A judge will not take fault into consideration when deciding matters such as property division or spousal support. Instead, the courts will assess the situation based on facts such as each person’s income and the length of the marriage. Even if you blame your spouse for the divorce, you will not be able to use causation against him or her during your case in most respects. The courts will generally not use causation as a determining factor in your divorce.
What’s the Difference Between Contested & Uncontested Divorce?
Once you and/or your spouse decide to divorce, you will determine whether it is contested or uncontested in how you work together. It is generally in your best interests to strive for an uncontested divorce, as this will save you time and money. An uncontested divorce means you and your spouse agree on all the terms of the dissolution: property division, spousal support, child support and child custody. If you and your spouse can agree on the terms of your divorce, you can write up a divorce agreement on your own and present it to a judge. A contested divorce means you cannot work together and will need a judge to intervene.
A lawyer can help you achieve an uncontested divorce. With help from a Folsom divorce attorney, you may be able to create a plan with your spouse that works for both of you. In most cases, a judge will sign off on the plan a couple creates, as long as it is legal and reasonable. Otherwise, the case will go to a judge to decide. An uncontested divorce saves time by allowing you to avoid going to court. If you have to go before a judge, you may have to wait weeks or months until your scheduled hearing. Then, you and your spouse will have to go up against each other during a trial. An uncontested divorce can also save you money by eliminating court costs and legal fees.
The first step in achieving an uncontested divorce is working with your spouse to determine what you do and do not agree upon. In some cases, compromising on the terms of a divorce will be easy. Most couples, however, need a type of alternative dispute resolution to successfully compromise on the terms of the split. Mediation, for example, is a meeting with you, your spouse, your lawyers and a third-party mediator. The mediator will help you compromise with your spouse but will not have any say in the results of the meeting.
Mediation or arbitration can increase the chances of achieving an uncontested divorce. It can provide an opportunity to work through important issues with your spouse with help from a mediator and family law attorneys. Enter into mediation with an open mind for the best odds of success. Hire a divorce mediation lawyer to clear up miscommunications and facilitate productive conversations. Do your best to save your family time, money and stress by avoiding a contested divorce and working with your ex-spouse to achieve an uncontested one.
MAKING YOUR CASE
Winning the best-possible outcome for you and your family requires knowledge of the divorce court system. At Boyd Law, we offer you our experience and services to make the most of your proceedings. Our goal is to reduce your burden by guiding you through the complexities of the divorce process, allowing you time to focus on moving on in your family life.
We will complete an initial consultation to understand your needs and circumstances, and from there work to assist you in gathering your evidence and documentation. Once the divorce process begins, we put ourselves forward as your advocate, advising you on the legal circumstances surrounding your case, and providing you advice on how to move forward in the court.
If you are going through a divorce in Folsom, California, contact the family law and divorce attorneys at the law offices of Boyd Law to set up a time to discuss your circumstances. We offer free initial consultations to assess your case, call us at (916) 840-2050.