Family Law Overview
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Resolving Divorce-Related Problems with Oceanside Family Law Attorney
If you believe you and your spouse are nearing the end of your marriage, it’s a good idea to talk to an Oceanside divorce attorney as soon as possible about your legal options. No matter why your marriage is coming to an end, the divorce process can be incredibly painful for anyone without proper legal representation. Your Oceanside divorce lawyer can provide valuable insights and helpful guidance through every phase of your divorce case and ensure your rights and interests remain protected.
Why Choose Attorney Paula D. Kleinman?
Divorce is common throughout California, but Oceanside has a relatively high divorce rate and generally higher stress level than most areas of California. If you are expecting a difficult divorce, you need an Oceanside divorce attorney who has intimate experience with the local court system and the practical knowledge to navigate the complexities of your case.
Attorney Paula D. Kleinman and her legal team provide more than 20 years of professional legal experience to every case we accept. We believe in firm defense of our clients’ rights and interests in every divorce case we take and aim to eliminate uncertainty and reduce stress for our clients whenever possible. If you need a responsive, compassionate, and highly experienced Oceanside divorce lawyer, our team is ready and able to help you.
What to Expect in an Oceanside Divorce Case
Every divorce is unique, but it does not need to be the stereotypical high-stress court battle with each divorcing couple screaming at one another through their proceedings. There are several ways to end a marriage in California, including summary dissolution, annulment, legal separation, and of course, divorce.
Your Oceanside divorce lawyer will help you determine the best way for accomplishing your goals, whether that includes ending your marriage or legally separating you and your spouse so you can still retain joint ownership over shared assets while remaining unmarried in the eyes of the law. Ultimately, there is no way to predict what you might encounter in your divorce case until you meet with an Oceanside divorce attorney who can analyze your case and provide you with a clear set of expectations for what you are likely to encounter.
In some divorces, divorcing parents can successfully negotiate child custody and child support terms between the two of them privately. They create a parenting plan that is submitted to the court for final review and approval, but the decision largely remains in their own hands. If a child custody decision rests with a judge, the judge has a professional duty to rule in favor of the best interests of the children in the divorce case. This may mean one parent obtaining full custody, joint custody shared by both parents, or the parents each having different levels of legal custody and physical custody.
Community Property Laws of California
One of the most common areas of contention in Oceanside divorce cases is property division. California upholds strict community property laws for divorces in the state, meaning that all property and assets gained during the course of a marriage belong to both spouses equally in divorce and must be divided equally.
This a relatively cold and impersonal way of handling property division, and the community property statute will often fail to take unique personal issues into account in these determinations. There are several potential ways to circumvent the community property statute of California.
The first method is a prenuptial agreement, which you should have had in place when you got married. If this contract stipulates each spouse’s property rights in divorce, there may be no need to litigate property division. Another potential alternative to divorce litigation is mediation, during which the divorcing couple will privately negotiate the terms of their divorce under the guidance and supervision of a neutral mediator.
Dangerous Divorce Cases
Some spouses may feel unable to file for divorce out of fear. When abuse occurs within a marriage or household, this could be the catalyzing event that leads to a divorce. In many cases, a divorce really begins when an abused spouse seeks assistance from a support program such as the Women’s Resource Center of San Diego. Service providers like these often help to coordinate legal representation for abused spouses and streamline the process of securing protective orders for them and their children. If you are facing any type of danger in your marriage, it is essential to seek help immediately and to find an experienced attorney who can fully address every aspect of your impending divorce from an abusive spouse.
How Fast Can I Get Divorced in California?
Divorce is not typically a speedy process, and there is a waiting period of at least six months for a divorce in California. However, some couples may qualify for expedited divorce decrees under certain conditions. As long as the couple owns no real property together, has no children, and both meet various other financial requirements, the couple could qualify for Summary Dissolution if they have not been married for long.
As a general rule, the longer a marriage lasted, the longer the divorce process will take. A couple that has been married longer is likely to have more complex property division questions, more likely to have children together, and ultimately have more difficult times separating their shared finances and assets in divorce.
Why Do I Need a Lawyer?
You may think your divorce is straightforward, and your soon-to-be ex-spouse is reasonable enough for the two of you to successfully negotiate the terms of your divorce. However, even the most straightforward of divorce cases can involve complex questions that demand the attention of an experienced Oceanside divorce attorney. Hiring an attorney is an investment in peace of mind for your divorce case, especially if your spouse hired their own legal representative. Your attorney can ensure a fair and equitable divorce, provide counsel during mediation sessions, and represent your interests during litigation if necessary.
If you forego legal representation, you risk winding up with a suboptimal divorce decree that could leave you with less property, less custody rights, and less financial support than you might have secured with the help of an Oceanside divorce lawyer. Do not leave your divorce up to chance. Contact Paula D. Kleinman today to arrange a case consultation with an experienced Oceanside divorce attorney who can provide the individualized professional attention your case requires.