~ Divorce and Legal Separation ~
Understanding an Uncontested Divorce
An uncontested divorce is simply a divorce where the parties have decided to work together on all the issues that need to be resolved before a divorce can be granted by the Court. This is the ideal situation and will literally save the parties thousands of dollars in legal fees. Typically, one party will hire an attorney, who will draft the required legal documents to quickly and efficiently bring the divorce to a conclusion. The necessary documents include a complete disclosure of all assets, debts, income and expenses, along with some other required forms. While the attorney can help guide the other party in the process, it will be made perfectly clear that the attorney only represents one party and not both parties at the same time, as it is impossible to serve “two masters”. Once the documents have been completed, the other party will have a full and fair opportunity to have an attorney of their own choosing review the documents, before signing. We draft documents that are fair to both sides so that we don’t create problems to fight over – after all, that is the whole point in working together in the first place.
What is a Contested Divorce?
When the two sides in a divorce either cannot or will not agree about certain issues involved in the dissolution proceedings, it is said that the matter is “contested”. Sometimes the parties agree about some issues, for example, child custody, support or the division of certain assets and disagree on other issues. Regardless of what the disagreement is about, the Court will ultimately be asked to decide the “contested” issues. Unfortunately, this can result in a significant amount of time and money being expended to fight over the various issues. A classic example is spending $1,000.00 fighting over a used couch that cost $800.00 brand new. We will help you make good decisions during your divorce in the event that you ever lose your focus or perspective.
What if my spouse does not want to get divorced?
No worries. California is a “no fault” state, which means that if one party wants to get a divorce, then the Court can dissolve the marriage, even if the other spouse does not agree. It does not matter why a party wants a divorce, as long as one party feels that “irreconcilable differences” have arisen in the marriage. In fact, the very fact that one spouse wants to get a divorce and the other does not, is, in and of itself, an “irreconcilable” difference.
Further, except in certain circumstances, the behavior of an ex-spouse during the marriage may be of little importance to the Court. For example, the Court will not care if your Ex had an affair, worked too much or was emotionally distant from the family. The Court will, of course, be very interested if there was a documented history of domestic violence during the marriage and issues of alcohol or drug abuse may be significant factors, too, in deciding who your children will live with following your divorce. Also, if your spouse has hidden assets from you, special care will need to be taken to fully protect you and we will work with you to locate and document those assets so that you can receive everything that you are legally entitled to receive.
What is a Legal Separation?
A Legal Separation is a legal status that is conferred upon you by the Court, much in the same way that parties become divorced. A Legal Separation is granted after a final determination has been made of many of the same issues that also need to be decided in a divorce, however, the parties remain married, but no longer liable for each other’s legal debts and obligations. Because the time and expense to obtain a Legal Separation is essentially the same as a divorce, they are far less common. Further, because of the unique legal status conferred by a legal separation, the Court typically cannot grant a legal separation without the mutual consent of both parties. Perhaps the most common reason people seek a legal separation rather than a divorce is to allow one spouse to continue providing medical insurance or other benefits to the other spouse, while living a life separate from their former partner.
We Focus on Client Service and Results
At the Law Offices of Werno & Associates, we offer a free initial consultation and after-hours meetings by appointment. A retainer deposit is not always required and we accept Visa, MasterCard and American Express for your convenience. Payment plans may also be available, depending on the circumstances of your case. Feel free to give us a call to discuss the unique circumstances of your case and to see how we can help.
We offer our clients award winning services in the areas of Divorce, Child Custody, Child Support, Spousal Support and Modification of Existing Orders. If you are looking for a divorce lawyer, we understand family law and Don Werno, Esquire has been a divorce attorney and family law attorney for well over a decade. We are more than happy to provide you with divorce advice and to explain the complex family laws that exist in California. We are more than divorce lawyers, we are family law lawyers that care and can help.
Our offices are located near the 5 and 55 freeways in Santa Ana, Orange County, California and help is just a phone call or E-mail away. To learn more about our services, contact our office today. Se habla Español.
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