A divorce is one of the most difficult and exasperating legal issues people face, especially due to the emotions and stress involved. If you are going through a divorce, you are not alone. Over 800,000 American marriages end in divorce every year.
While divorces are common, many people find themselves confused and even overwhelmed by the legal process. No one wants to waste their time and money going through a rotation of divorce lawyers. However, finding the right divorce lawyer as soon as possible can make the entire divorce process much easier. It will also help you save money in the long run.
If you live in Monterey County, you have a number of highly qualified divorce lawyers who can help you in this difficult time. But how do you choose the right one? After all, you want to make sure the Monterey divorce lawyer you are investing your time and money in is the perfect fit for you. Below is everything you need to consider in order to find the right divorce lawyer in Monterey for you.
What Are Your Divorce Needs?
While many people go through divorce, not every divorce is the same. It's important that you take time to figure out what your unique divorce needs are. After all, how can you find a divorce lawyer who best fits your needs when you don't even know what your divorce goals are? Make sure you consider the following divorce issues if applicable:
- Child Custody: Decide if you want full or joint custody of your child. If applicable consider what type of visitation rights you would like.
- Child Support: Determine how much child support you would like to receive from your partner. Or, if you will not be the primary caregiver of your child, decide how much child support you can afford to give.
- Spousal Support: Spousal support in California can be very complicated. It may be easiest to determine an idea of how much spousal support you would like to receive. Then you can work with your chosen Monterey divorce lawyer to try to achieve that goal.
- Property Division: Decide how you would like your shared property and assets to be divided between you and your partner.
Once you've determined your divorce goals, it's important that you find a Monterey Lawyer who can help you achieve these goals. Keep in mind that your lawyer will be speaking on your behalf. It's important that you find someone who can effectively argue for you.
How Does Your State Handle Divorce?
The state of California is a no-fault divorce state. This means anyone can file for divorce without having to claim their spouse did anything wrong. Common faults that can be used to file for divorce include incest and adultery. Most of the time, couples file for divorce due to irreconcilable differences. This simply means that the couple finds it impossible to get along.
Keep in mind, that while California is a no-fault divorce state, there still are several requirements you need to meet before you can file for divorce. For example, either your or your spouse needs to have lived in California for at least the past six months or 180 days.
Also, it is important to note that there is no common law divorce in California. This means that in order to get divorced in Monterey County, you need to be legally married. It doesn't matter how long you and your partner have been living together. It also doesn't matter if you share the same last name. In the state of California, couples need to have a legal marriage license before they can file for divorce.
What Are You Looking For In A Divorce Lawyer?
Divorces can be very emotional. It's important that you hire a divorce lawyer whom you feel can help you meet your divorce goals. Make sure you do your research before you hire anyone. This includes checking out potential lawyer's websites to see if they offer the legal help you need. Divorce lawyers can provide the following services:
- Contested Divorce: Even though no-fault divorces are allowed, divorces can still be contested when partners disagree on matters like spousal support and child custody.
- Uncontested Divorce: In order for a divorce to be uncontested, both partners must agree on all divorce matters before filing for divorce. This includes property division, spousal support, child support, and child custody.
- Mediated Divorce: Instead of both divorcing parties hiring their own lawyer, in a mediated divorce, both parties share a divorce lawyer. This divorce lawyer acts as a mediator to assist both parties on reaching agreements on all divorce issues.
- Legal Separation: This process allows a couple to remain married but at the same time obtain a court judgment that resolves issues in divorces, like child custody.
- Summary Dissolution: This simplified divorce is available to couples with no children, limited assets, and who have been married for less than five years.
If you are looking for a divorce lawyer in Monterey County, it is important that you consider the questions mentioned above. This will ensure that you find a divorce lawyer who will do his or her best to help you achieve all of your divorce goals.
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