Every relationship — and every divorce — is unique. Circumstances that can lead to the breakup of a marriage vary, but divorces often involve infidelity, domestic violence, incompatibility, or disagreements over finances or parenting. Regardless of what prompts a husband or wife to separate, the process of splitting up is often emotionally draining.
At The Law Offices of Jonathan D. Larose, APC, we know that a divorce is often the most difficult time in your life. That is why our firm provides a comfortable and supportive environment for you. We know that it can be hard to remain objective and focused when you are angry, hurt or emotional. That is why our experienced divorce lawyer will honestly explain your options and likely outcomes, and give you unbiased legal advice.
For couples who don't want to go to family court and want to resolve their divorce peacefully, collaborative divorce or divorce mediation may be the best option. For other couples, traditional divorce litigation may be required to resolve disputed issues.
If you are considering divorce, attorney Jonathan D. Larose can explain the importance of pre-divorce planning. He can also give you information on how you can help keep minimize the cost of your divorce.
Call 1-866-585-6314 or 510-659-6300 or contact us online to schedule your initial consultation with an attorney who will fight to protect you, your children and your property. We practice family law in Alameda and Contra Costa counties, all along the Interstate 680 corridor, and from Fremont and Hayward to Pleasanton, Walnut Creek and Martinez.
"To contain costs, every family law client is encouraged to do as much work on their case as possible. We always seek you first for information, for documents, for approval of extraordinary costs, before we take action. Many clients, wealthy and not so wealthy, take advantage of this and save thousands of dollars in legal costs and fees. There is just no good reason why having an attorney to protect your rights should then be a financial penalty."
-Attorney Jonathan D. Larose, Esq. MBA
The Difference Between Divorce and Legal Separation
In general, a divorce will separate all assets and debts, determines the custody and visitation schedule of the children, and establishes child support and spousal support. A divorce allows you to re-marry. A legal separation does most of what a divorce does, except that you cannot re-marry.
To become divorced, only one person need agree. To become legally separated, both persons have to agree. The process to do both is mostly the same.
The Process of Divorce and Legal Separation in California
The actual process to become divorced, legally separated, or have a marriage nullified in California can be different depending upon the facts of each case. However, in general, the process of divorce, legal separation and annulment all require agreements or court orders resolving various issues such as: splitting up marital property, establishing parental rights and responsibilities, and resolving child support and spousal support (alimony) disputes.
- Petition for Divorce: You start with a petition. Filing this document initiates the divorce or legal separation lawsuit. Various financial disclosures are required. There may also be a document filed to get initial orders for support and visitation going while the divorce action is pending. In essence, a divorce and legal separation action proceed on two paths at the same time.
- Property Restraining Order: Automatic property restraining orders go into effect at the beginning of a divorce or legal separation so that both sides can assess the financial issues without assets being sold, hidden, or transferred.
- Discovery Process: After a divorce is started, the parties begin the process of discovery to identify all separate and community property. Information about assets, debts, income, business valuations, pensions, retirement accounts, etc. is disclosed to determine the overall marital estate. This could take a few weeks to many months or more. The rationale is that the court, or the parties, cannot settle or litigate the financial issues, until everyone is fully aware of what all the financial issues are. Makes perfect sense.
- Temporary Orders: After the Petition for Dissolution has been filed, the court may need to issue orders that will help all sides deal with the reality that there are now two households — not just one. The husband or wife may need child or spousal support to live and to pay bills, and there may be need for an agreement or court orders on custody and visitation. We may need to determine who will pay the mortgage on the house, who will pay the credit card bills and other unpaid community debts, who must get a job, who needs re-training, or whether the children need counseling or therapy.
- Divorce Settlement or Litigation: One way or another the parties are going to have to come to an agreement on all major issues such as: division of community property, permanent custody and visitation arrangements, child support, spousal support (alimony), and other complex family law issues. Some spouses are able to reach an agreement through negotiation with their attorneys or formal divorce mediation. Others can't reach an agreement and the court will have to decide the disputed issues.
A good family attorney will navigate your case so that good use is made of time spent in court and out of court. At Larose Law, we work to have divorce and separation cases proceed in a timely way to conclusion, and that redundancies are eliminated to keep legal fees and costs to a minimum.
Contact us to schedule your free initial consultation at our law office in Fremont, California. The divorce process will be explained to you at your first meeting with attorney Jonathan Larose, then customized to fit the circumstances of your unique relationship.
