Divorce and Family Law Attorneys in the Monterey, CA Area

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Experienced Attorneys Guide You through the Difficult Process of Ending Your Marriage

Representing clients in every type of divorce with focus and care

A divorce is one of the hardest legal issues most people ever have to go through, especially because of the stress and emotion involved. Even if the decision is mutual and the divorce is uncontested, the process of dissolving your marriage can be emotional and challenging. At the Law Office of Barbara J. May, we understand the personal and legal complexities faced when a marriage ends, and we are here to provide you with effective representation, whether in negotiations or at trial.

Handling a range of divorce issues

California is a no-fault divorce state. This means you can file for divorce without claiming that your spouse did anything wrong, such as committing adultery. Divorce is typically sought on the ground of irreconcilable differences, which means the spouses or domestic partners can’t get along. Your divorce or related action may fall into one of the following categories:

Contested divorce

— Even though divorce in California is based on no-fault, it is often contested because the parties disagree upon issues such as property division, child custody, child support, or spousal support

Uncontested divorce

— A divorce can be uncontested if the spouses have agreed, before filing, how property will be divided, who will have custody of the children and the amount of any child and spousal support. A divorce is also uncontested if one spouse files for dissolution and the other spouse defaults by failing to file a response.

Mediated or collaborative divorce —

As an alternative to each spouse hiring their own attorney, divorcing parties can agree to a mediated divorce in which an attorney or other party acting as mediator assists them in reaching agreement on all issues that need to be resolved, including division of assets, child custody, visitation rights and support issues.

Summary dissolution — A simplified divorce known as summary dissolution is available for couples married less than five years with no children and limited community assets.

Nullity — Annulments are rare but, when granted, the result is as if you were never married. Grounds for annulment include, among others, incest, bigamy, fraud and a prior existing marriage.

Legal separation — The process of legal separation allows a couple to remain married but obtain a court judgment that resolves the issues typically addressed in divorce, such as child custody and spousal support.

Same Sex Marriage Divorces —

The 2015 United States Supreme Court’s decision in Obergfell v. Hodges resulted in the same divorce rights and procedures for couples of same sex marriages as couples of traditional marriages.

Contact a Monterey, California divorce attorney when you need help with dissolution of your marriage