Selecting a Lawyer in California

Hiring legal representation is always a good idea when filing for divorce in California, or any other state. You need to find a lawyer that is familiar with California divorce laws and will be able to assist you in all the aspects of your divorce. You may need to speak with several lawyers before selecting one to represent you. Also, you may want to speak to any references that the lawyers can provide to see if previous clients were satisfied with their representation. The California lawyer you select will represent you in all court proceedings and any other matters concerning the divorce.

Meeting with Your Lawyer in California

You may meet with several lawyers in the process of determining who will best represent you in court. Be honest and straightforward with each lawyer you meet in order to accurately assess his or her ability represent you. In order for the lawyer you select to effectively represent you, you must be honest about the circumstances that have led to the divorce. All consultations with your lawyer are confidential, so what you confide will not be used against you or divulged to others without your permission. Having all the facts, even those that make you look bad; will make it possible for your lawyer to anticipate all the variables that may arise during the proceedings, which will provide you with the most effective representation possible.

Residency Requirements in California

In order to file for divorce in California, one of the parties must have been residing in the state for six months prior to filing. Additionally, that individual must have maintained a residence in the county where the petition is being filed for at least three months before filing. If neither of the parties meets the requirements, they can petition for legal separation. Once California residency requirements have been met, the petition can be amended to a petition for divorce. California residency is to be maintained by at least one of the parties for the duration of the proceedings.

Division of Property in California

A community property state, California considers all income and property acquired during the union to belong equally to both parties. As such, all property that is deemed marital property is divided equally. Marital property includes all income earned by either spouse during the marriage as well as any property purchased with those earnings. The division of the property is usually settled between the parties and described in detail in a signed Marital Settlement Agreement.

In the event that the parties cannot agree, the court can determine the division of property for them. Debts that were incurred by either party for the mutual benefit of both parties, or by the purchase of necessities for the family as a whole, will be split evenly between the parties at the time of the divorce. Debts incurred that were not for the mutual benefit of both parties nor by the purchase of necessities for the family, will be assigned to the incurring party.

• If you are considering filing for Divorce or are already in the process, Submit Your Case for a Free Review from a Divorce Attorney in California.

Contact California Divorce Attorneys

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