Carlsbad Divorce Lawyers
A divorce can be one of the most difficult times in a person’s life. The separation itself and changes it entails can be emotionally overwhelming, and the legal framework for divorce may seem daunting.
While many people feel alone when going through divorce, divorce is not uncommon, particularly in Carlsbad. According to Census Reporter, 11% of men and 17% of women over the age of 15 in Carlsbad are divorced, 150% higher than the general divorce rate in California.
If you’re seeking or currently going through a divorce in Carlsbad, Mattis Law, A.P.C. can navigate the legal framework for you and help to protect your interests throughout the process. Call us today at (858) 328-4400.
To file for divorce in Carlsbad, either spouse must have lived in California for the past six months, and in San Diego County for the past three months. The appropriate forms, which a lawyer can help complete, must be filed with the court along with the filing fee. The other spouse must be notified of the filing.
A number of matters need to be determined in a divorce proceeding, including the division of assets, child custody agreements and child or marital support payments. In more amicable divorces, spouses may agree on these matters and have their agreement finalized by the court. Where disagreements persist, meditation, negotiation or court intervention may be necessary.
Notably, divorce may not be the only option available to a married couple wishing to separate. A couple may wish to “legally separate,” which triggers the division of their assets, but avoids lengthier divorce proceedings. Alternatively, certain marriages with limited assets and less than five years in duration may qualify for dissolution, and marriages that were potentially illegal when entered into can be annulled.
In Carlsbad, as California is a “no-fault” state, neither spouse has to establish any wrongdoing by the other spouse to have grounds for divorce. However, a spouse seeking divorce must justify their position by citing either “irrevocable differences” or “incurable insanity” in their application.
Irrevocable differences, the most common of these two options, means the parties have encountered substantial disagreement making them unable to continue their marriage. Incurable insanity can be relied on where one party has been classified by a medical professional as incapable of making their own decisions.
For a divorce, your attorney needs to compile a range of information, including details about you, your family, your reasons for divorce and whether your partner agrees, and both spouses’ financial situations, including any assets or debts, must be ascertained. Beginning to prepare this information prior to your initial consultation can save you time and expenses.
Reaching agreement on the various matters that divorce entails, including the separation itself, asset divisions, child custody arrangements and child or marital support payments, can prove difficult for many couples. Where both spouses agree on these matters, a Carlsbad family law lawyer is still crucial to help ensure the agreement reached is fair and the paperwork is properly filed. If you and your spouse are unable to agree, an attorney can enter into negotiations on your behalf or advocate for your best interests in court.
Mattis Law, A.P.C has extensive experience assisting with a range of divorce-related matters throughout California. Founding Attorney Amelia Mattis was selected by Expertise.com as one of the Best Divorce Lawyers in San Diego, and was recognized as a 2022 Lawyer of the Year by the American Institute of Legal Professionals.
If you need a compassionate, experienced divorce lawyer in Carlsbad, look no further than Mattis Law, A.P.C. Call us today at (858) 328-4400 for a free consultation.