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We Can Be Your Advocates During Divorce

To file for divorce (also known as "dissolution of marriage") you must have been a resident of California for six consecutive months, and of the county in which you now reside for three consecutive months, at the time you begin your lawsuit.

And yes, a divorce is, in fact, a lawsuit. You are suing your spouse to terminate your marriage and resolve many underlying issues like child support payments, custody and relocation concerns, and distribution of accumulated property.

You do not need the permission of your spouse to receive a divorce. And, your spouse may have to pay for some or all of your attorney fees so you can file for divorce, or be able to properly participate in a divorce, if your spouse files for divorce. To learn more, speak with an attorney at Larose Law today.

What Happens During A Divorce?

A divorce allows you to remarry and returns you to the status of "single" person. If you have children, there will now be two households, so rules are put into place detailing how decisions will be made for the children and what the visitation schedule will be. These rules can be created by agreement, but many times requires some court involvement, as spouses are no longer in the position of mutual trust.

If there are children, there may be grounds for child support orders. There may also be grounds for spousal support orders.

In addition, all property owned by the spouses must be allocated. Generally, all property acquired by one or both spouses, after the date of marriage and before the date of separation, belongs in equal proportions to both spouses. So, money in a bank account that is in the name of just one spouse usually belongs to both spouses. A business started during marriage should belong to both spouses, even though started and managed by just one spouse. There are special rules regarding debts, reimbursements and deposits/improvements on a residence.

Many times the attorney needs to subpoena records or engage in complicated "tracing" activity to ensure an asset or cash is regarded as marital property.

We Can Help You Through The Process

To schedule a free consultation with an experienced California divorce lawyer, please call 510-742-6100 or contact us online today. The Law Offices of Jonathan D. Larose, APC, has offices in Fremont and Walnut Creek.