Divorce Law

We would all like to believe that happiness is everlasting, and that when we choose that special someone to bond our life with, our vows will never be tarnished. Alas, people change, and though we would all love to have an amicable divorce, in most cases, divorce is a difficult, often drawn out process that can leave both parties emotionally drained, especially when one party refuses to play nice.

King Law Firm Attorneys at Law, Inc. understands the frustration and stress that comes with the individual circumstances of their clients. We have assisted clients in a variety of cases that include uncontested divorces, annulments, spousal and child support and property settlements. But no matter what the circumstances may be, if children are involved, the rights you and your children have will always come first. The key thing to remember is that when it comes to navigating the often treacherous waters of divorce, child custody or division of property, you are not alone with King Law Firm Attorneys at Law, Inc. in your corner.

Divorce: A Definition

Also known as marital dissolution, divorce is a court-ordered decree that officially terminates a marriage or a registered domestic partnership. In California, the dissolution of marriage or domestic partnerships may be terminated by divorce, legal separation or annulment. Either spouse may choose to end the marriage without the cooperation of the other spouse, but once filed, should the other spouse fail to participate, a default judgment will be granted by the court.


Grounds For Divorce

California is a “no-fault” divorce state, which means there’s no requirement to prove your spouse did anything wrong, and it doesn’t matter who files for divorce first. Whomever is at fault, there are two grounds for divorce:

  • Irreconcilable Differences: The most common divorce in California, irreconcilable differences grants a divorce even if one spouse fails to agree to it.
  • Incurable Insanity: Though extremely rare, if there is proof that one spouse is medically insane, the other spouse may file a petition for incurable insanity.

Contested Divorce

A contested divorce is when there’s no agreement between spouses or partners in relation to their divorce. One spouse has filed the paperwork and the other has responded, but any mutual or amicable agreements in regards to the division of property, money and assets, child custody and visitation, and support issues remain unresolved or are non-existent. Some contested divorces can be effectively decided through negotiation and mediation, but may end up taking months to resolve should they proceed to court, where a judge will hear all arguments and make the final decisions on all crucial matters.


Uncontested Divorce

An uncontested divorce is a good solution for those who have amicably agreed to the divorce and have mutually settled the matters that need to be resolved, such as asset division, spousal support, child custody and visitation. An uncontested divorce generally reduces the amount of stress for all involved because it is most commonly done through mediation, which is far more private and is much less expensive than a contested divorce that must be fought in a public courtroom.

Court and Trial

When a contested divorce must go to court, the court will often set up a settlement conference as a final attempt to resolve all of the issues involved before setting a trial date. If things can’t be worked out amicably, a trial date will be set to resolve all of the remaining contested issues, including child custody, the date of separation between the spouses, the validity of prenuptial agreements, and the dissolving of the marriage. When you must go to court, it is always best to consult with an attorney so that they may represent your best interests to the judge.

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