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Visalia Divorce Lawyer

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No one enters a marriage believing that they will one day experience a divorce, but these situations happen every day. Divorce cases are complicated, time-consuming, and emotionally complicated. If you are facing a California divorce, it is understandable if you are feeling overwhelmed or uncertain about your future. You may have questions on how to protect your loved ones and your assets. A Visalia divorce lawyer can offer you legal support.

At Chase Family Law, our attorney has over 30 years of experience and has helped thousands of clients process through their divorce cases. Our attorney understands how sensitive a divorce case can be and is here to provide you with highly skilled legal representation.

Let Chase Family Law focus on the difficult legalities of your case while you focus on your own health and well-being and that of any children involved in the divorce. You can trust us to protect your interests.

Defining Divorce in Visalia, California

California is considered to be a no-fault divorce state, meaning that the spouse who files for divorce does not need to provide proof that their partner did anything wrong. In order to obtain a no-fault divorce, the filing spouse simply needs to state that irreconcilable differences necessitate the divorce.

Divorce is a complicated process, no matter how amicable both spouses want it to be. Divorces can become extremely complex when there are high levels of assets, property, debt, or children involved, as these issues will need to be addressed. When you work with the divorce attorney at Chase Family Law, he can do the heavy lifting on all legalities so that your stress can be mitigated. In California, the timeline of a divorce can look like the following:

  • Initial filing. One of the spouses will start the process by filing for divorce and serving the other spouse, or the respondent, with the official court papers.
  • Financial disclosure. Each spouse must legally disclose all of their financial information.
  • Decision making. In California, a couple can reach an agreement on certain divorce issues on their own, such as property division or child custody. When a couple can do so, the divorce is uncontested. If they are not able to agree, a contested divorce will commence, and the courts will need to make these important decisions for the couple.
  • Submission of final paperwork. Once all issues in a divorce have been resolved either by the couple themselves or with the help of a judge, the final divorce orders will be filled out and submitted to the clerk. The judge will review these forms and sign them. Once the judge has done so, the final judgment will be sent containing the date on which the marriage was officially dissolved.

In California, a divorce cannot be legally finalized until a waiting period of six months has passed. This waiting period begins on the day that the filing spouse notifies the other of the petition of divorce.

Legal Issues Involved in Divorce Cases

There are several legal issues involved in divorce cases, depending on the exact nature of the marriage. Most couples can expect to deal with the following aspects:

Alimony

Many couples who face a divorce in Visalia will discover that the issue of alimony will most likely arise, and a decision will need to be made regarding this part of their case. When this aspect of divorce is contested, a judge will need to make an official determination on whether one spouse will receive monetary support from the other. This determination will be made based on a number of factors, including:

  • The incomes of both spouses
  • The standard of living both spouses were used to in the marriage
  • The length of the marriage
  • Any history of domestic violence within the marriage
  • The age and health of the spouses
  • The skills, education, and careers of both spouses

Child Support

In a divorce where minor children are involved, you may wish to seek child support from the noncustodial parent. This can be a complicated matter, and an attorney can assist in ensuring all necessary documentation regarding the finances of your co-parent is obtained, including their income and expense reports, so that your child can get support.

Child Custody

In many divorce cases, one of the main concerns is how the children’s time will be divided between their parents’ households. At Chase Family Law, our divorce attorney is dedicated to searching for practical solutions to all child custody cases to ensure the final decision aligns with your desired custody goals. There are two main forms of custody in California, including:

  • Physical custody. This form of custody refers to how the child divides their time between their parent’s separate residences. In many cases, the judge assigned to your custody case can ensure that time is spent between the homes in a joint physical custody arrangement. In other cases, one parent may petition the court for sole physical custody if it is in the best interest of the child.
  • Legal custody. This form of custody allows the parent the duty and right to make decisions regarding their child’s health, education, and overall well-being. Legal custody can be awarded jointly or solely, depending on what the judge believes is in the best interest of the child.

When making a determination on what is in the child’s best interest, the judge may take into account the following factors:

  • The age and health of the child
  • Any history of substance abuse or domestic violence on the part of either parent
  • The parenting skills of each parent and their ability to cooperate with one another
  • The child’s ties to their current community and school

Property Division

California operates as a community property state, meaning the divorcing couple gets an equal share of all property, assets, and debts that were acquired during the marriage. These assets and debts can include:

  • The family home
  • Other real estate holdings
  • Cash and bank accounts
  • Business interests
  • Investments
  • Personal loans
  • Credit card debt
  • Home mortgages

Speak With a California Divorce Lawyer Today

If you are facing divorce in Visalia, California, Chase Family Law is here for you. Call our office today and schedule your initial consultation. Our family law attorney understands how difficult these times are and is ready to help ease your burden and handle the legalities of your divorce case.

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