Divorce is a complex process that requires countless hours of work from both parties. From gathering evidence to counting assets, divorce procedures take time and detailed effort. For help navigating the process, you need someone with experience in California family law. If you are currently undergoing a divorce in Roseville, Sacramento County or Placer County, contact the family law attorneys at Boyd Law. Our years of experience with family law issues means you will have experience by your side during each step of the divorce process.
Roseville Divorce Lawyers – Placer County
When you are considering a divorce, each state has its own methods for the dissolution of a marriage. California state law offers three ways of ending a marriage:
Each method of dissolution has different effects. Divorce is a complete termination of a marriage, allowing both partners to remarry. Legal separation is not an end to a marriage but indicates that the couple is living apart and allows for some legal declarations such as child custody and property ownership. Annulment only occurs in cases of incest or bigamy – where one partner is already legally married. In annulled marriages, the courts declare the original marriage void and it ceases to exist.
Additionally, there is an option for summary dissolution in some cases, which expedites the divorce procedure significantly.
Divorce in California is “no-fault,” meaning that there does not need to be a specific reason to end a marriage. Courts list no-fault cases as ending due to “irreconcilable differences” and, generally, neither party contests this. While the legal reason for ending a marriage may be straightforward, divorce proceedings are complicated and require careful attention to assets, custody, rights, and every family’s unique situation.
At Boyd Law, we are committed to finding the least-stressful way to complete your divorce proceedings. We work with you to determine the right process to dissolve your marriage, considering your needs and the law to reach the best possible outcome for your case. From advising to representation, our family law attorneys are prepared to handle your case, no matter the unique circumstances in which you find yourself.
Uncontested Divorce Vs. Contested Divorce
A Roseville divorce case may be contested or uncontested. These two divorce processes look very different. Your divorce type can determine whether you can work out an agreement on your own or if you need to hire an attorney. It can also mean the difference between mediation and having to go to trial against your ex-spouse. In general, a contested divorce is one in which both spouses do not agree to the terms of the split, while in an uncontested divorce the couple agrees on the key elements of the case.
Upon submitting the initial petition for divorce in Roseville, the nonfiling party (recipient) will have the opportunity to contest the filing party’s (petitioner’s) divorce terms. The recipient can answer the petition with a response letter listing the proposed terms to which he or she does not agree, as well as the terms he or she would prefer instead. The couple may then work together to agree to the terms of the split or else go before a mediator for assistance from an impartial third party. If the couple still cannot agree, the contested divorce case will proceed to trial.
During an uncontested divorce, the recipient either agrees to the terms in the original petition or does not respond at all. Either way, the courts in Roseville will proceed with a default divorce case. A default or uncontested divorce means the recipient is giving up any right to have a say in the terms of the divorce. In most cases, a default divorce is possible after the couple works together to answer questions as to property division, custody, child support and spousal support. For some couples, however, agreeing on the terms of the split is impossible. These couples may need to take their cases to trial to resolve.
Can I Avoid Going to Court During a Divorce?
Not all couples have to go to trial to get divorced in Placer County. It is possible to get a divorce without ever stepping foot inside a courtroom. Whether you will have to go to court during your case, however, depends on how well you and your ex-spouse can communicate and collaborate. If you can work out a divorce agreement with your spouse, a judge will not have to intervene. In most cases, a judge in California will sign off on the terms of an agreement created by a divorcing couple. You will only need to go to court if your case involves contested factors you and your spouse cannot agree upon, such as child custody or property division.
The first attempt at avoiding a divorce trial is typically a conversation between the spouses. In the simplest and most collaborative divorce processes, a couple can often break down the details of a divorce and work out an agreement without professional help. Many couples, however, will benefit from some legal intervention in the form of a divorce lawyer and/or mediator. Obtaining assistance from a professional is not the same as going to court. Many couples use family law mediation to work out the more complicated aspects of divorce while still avoiding a trial.
Mediation is a type of alternative dispute resolution in California. It focuses on resolving conflicts and creating divorce agreements without needing a judge to intervene. Mediation makes use of an unbiased third-party mediator to listen to the concerns of both sides and facilitate compromises. It is a collaborative process that often involves lawyers for both spouses to advise and assist them in working out a settlement agreement. If you believe a collaborative divorce process would work for you and your ex-spouse, talk to our attorneys at Boyd Law. We may be able to help your family avoid going to court.
Understanding Your Options
Understanding your legal options and the right choice for your marriage is an important first step in divorce. This decision determines the rights and restrictions placed on you and your ex-spouse. At Boyd Law, we will work with you to decide the right choice for your needs and guide you through the next steps in your procedure.
Divorce in the United States
Time reported in 2016 that divorce rates in the United States had reached a 40 year low. This is a stunning reversal of a long-running trend of increasing divorce rates across the country. Lower divorce rates, however, are little comfort to married couples undergoing their own divorce proceedings. Somewhere around 50% of marriages end in divorce, a statistic that remains roughly the same compared to previous years.
While younger generations represent many of the new marriages taking place, older couples compose the highest number of divorces. Same-sex couples following the 2016 Supreme Court ruling also represent a new group of marriages – as well as divorces.
Compassion, Caring, Capability
Divorce is challenging to cope with, but the attorneys at Boyd Law will work with you to work through your proceedings, allowing you to close this chapter of your life.
Roseville Divorce Attorneys of Boyd Law
Our goal is to help the Sacramento area understand the legal requirements and processes involved in ending a marriage. We have the experience and resources to offer clients peace of mind during a difficult time. We offer a genuine, compassionate ear to our clients – guided by our experience with divorce and family law. If you are or will soon be seeking a divorce, contact the Placer and Sacramento County family attorneys of Boyd Law to begin consultation with one of our attorneys.