Del Mar Divorce Attorneys

California Family Law

In California, divorce and family law are handled by the courts. The court system is set up to provide for the fair and equitable resolution of disputes between parties. This includes divorce, child custody, and supports matters. The court system is also responsible for enforcing court orders.

There are several different types of divorce and family law cases that can be heard in California. Each type of case has its own set of rules and procedures. The most common type of divorce in California is a no-fault divorce. This means that the parties do not have to prove that either party is at fault for the divorce to be granted.

Another type of divorce that can be filed in California is a fault-based divorce. This type of divorce requires one party to prove that the other party is at fault in the marriage. Fault-based divorces can be filed for adultery, abandonment, or cruelty.

Child custody cases are also heard in California courts. These cases involve determining which parent will have physical custody of the children and which parent will have legal custody of the children. Child custody cases can be very complex, and it is vital to have an experienced attorney on your side if you are involved in one.

Support cases are also heard in California courts. These cases involve determining how much child support or spousal support will be paid by one party to the other. Support cases can be very complex, and having an experienced attorney is crucial if you are involved in one.

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Grounds for Divorce in California

There are many grounds for divorce in California. Some grounds are based on fault, while others are based on no-fault. Some of the most common grounds for divorce in California are:

Irreconcilable differences: This is the most common ground for divorce in California. It simply means that the husband and wife have differences that cannot be resolved and cannot live together peacefully.

Incompatibility: This ground for divorce is similar to irreconcilable differences. It means the husband and wife cannot get along and live together peacefully.

Mental cruelty: This ground for divorce is based on the idea that one spouse has caused the other spouse mental suffering. This can be proven by showing that the spouse has caused emotional distress or has been verbally abusive.

Abandonment: This ground for divorce occurs when one spouse leaves the other spouse without any intention of returning. The spouse must have gone for a period of at least one year.

Physical cruelty: This ground for divorce occurs when one spouse physically harms another. This can be proven by showing that the spouse has caused physical pain or injury.

Domicile: This ground for divorce occurs when one spouse has left the state of California and has no intention of returning.

Desertion: This ground for divorce occurs when one spouse leaves the other without the intention of returning. The spouse must have gone for a period of at least six months.

Felony conviction: This ground for divorce occurs when one spouse is convicted of a felony and sentenced to prison for at least one year.

Insanity: This ground for divorce occurs when one spouse is proven insane. A doctor must have diagnosed the spouse as being insane.

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What Information Should You Prepare for Your Del Mar Divorce Attorney?

If you are considering filing for divorce in Del Mar, you must provide your attorney with certain information. This includes financial information, such as your income, assets, and debts. You will also need to provide information about your property, including any real estate, vehicles, and other valuables. In addition, you will need to provide information about your children, including their names, ages, and custody arrangements. Finally, you must provide your attorney with relevant documentation, such as divorce papers, child custody orders, and financial records.

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What Are the Different Ways Divorce Can Settle?

There are four different ways that a divorce can settle in the United States. These include mediation, collaborative law, litigation, and arbitration. Each has its own benefits and drawbacks, so it is vital to understand your options before deciding.

Mediation is when a neutral third party helps the divorcing couple reach an agreement. This can be a less expensive and quicker option than going to court, but it requires both parties to compromise.

Collaborative law is similar to mediation, but each party has its own lawyer to help them negotiate. This can help ensure that both parties get fair representation, but it can also be more expensive.

Litigation is the traditional way of divorcing, in which each party hires their own Del Mar divorce lawyer, and they go to court. This can be a long and expensive process, but it can be necessary if the parties cannot agree.

Arbitration is when a neutral third party hears both sides of the case and makes a decision. This can be faster and cheaper than going to court, but it is important to note that the arbitrator's decision is binding.

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Talk to a Del Mar Lawyer About Your Divorce

When considering a divorce, hiring a lawyer experienced in handling these types of cases is essential. Our Del Mar family law attorneys can help you navigate the legal process and protect your rights. They can also help you negotiate a settlement with your spouse. Contact Mattis Law, A.P.C. at (858) 328-4400 today to schedule a consultation if you are considering a divorce.

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