Should I get a divorce?
Marriage is a relationship most people enter into with the intention of staying with that person for the rest of their lives. Sometimes circumstances that are present in the marriage can make people start to wonder whether they should stay married or get a divorce.
The Divorce Decision
The decision to divorce is often made slowly and brews over an extended period of time. Other times, it comes as a reaction to a specific incident. It is easy for people to think that once they put the word “divorce” into the air, and have maybe even talked to a divorce attorney, that they are somehow obligated to go through with the divorce.
The final decision to divorce should be made after taking the time to reflect on your future, and it should not be a purely emotional decision. If the choice is a knee-jerk reaction based on hurt, anger or disappointment, these feelings may still linger even after the divorce.
A good San Diego divorce lawyer will not push you into going through with a divorce if you do not want to. You can always change your mind if you decide the decision is not best for your family.
What are the accepted grounds for divorce?
California is a no-fault divorce state, so technically no grounds need to be stated other than the breakdown of the marriage. A traditional divorce that attributes fault is framed in a way that tries to protect the marriage and attempts to punish the person deemed responsible. In these cases, grounds such as adultery or cruelty may be cited. In a no-fault divorce, this does not matter. Your family law attorney will only ask about the practical aspects of the marriage so as to not encourage long-term animosity. Any financial awards will be based strictly on need and not meted out as rewards or punishments.
What are the different types of divorce?
In addition to distinguishing between a fault divorce and a no-fault divorce, the state of California looks at other ways to limit a couple’s legal ties to one another. Those who want to try living apart but do not want a divorce yet may apply for a legal separation. Official court decisions are made regarding property division, parenting plans, and child or spousal support, but the couple remains legally married. Neither spouse is able to marry someone else.
Those who have been married less than five years and have limited financial ties may qualify for a summary dissolution, which will end a marriage or domestic partnership in less time than a typical divorce.
What are family court and mediation?
Family court and mediation can both help families to iron out some of their issues regarding property division or differences of opinions regarding parenting plans. Mediation employs the help of a neutral third party to help make a decision.
What is the divorce process in San Diego County? Is it the same as for the state of California?
For the most part, San Diego County has the same process for filing for divorce as other California counties. Some specific fees may vary, and there may be extra local forms to file. Your San Diego divorce lawyer can help you make sure all forms are in order as you file for divorce or respond to your spouse’s filing.
If you are considering a divorce in San Diego County, it is important that you speak with divorce lawyers who are sensitive to the difficulties of the decision, who will listen to your needs, and who will help you fight for what you deserve. Contact the Law Office of Renkin and Associates to set up a consultation.
Photo via Flickr by Marsel Minga