under what law divorce lawyer comes

What questions should you ask a divorce attorney?

Oct 11, 2019 · One of the first things your divorce lawyer will want to know is whether you have a prenuptial or postnuptial agreement in place. A prenuptial agreement is negotiated and signed before the marriage occurs; in contrast, postnuptial agreements occur after the wedding. Both of these are considered “nuptial agreements”, or agreements made in ...

What to look for in a good divorce lawyer?

California family law's disclosure process. In California, the husband and wife each have a duty to independently disclose to the other all of the assets, debts, income and expenses. There are forms for this. The schedule of assets and debts is prepared on an FL-142 form.

How do you get a divorce lawyer?

Apr 20, 2022 · The divorce attorney explains that there are many issues that can come with a divorce. There are also many decisions to be made regarding their assets and their children as well as their debts.

How much does a divorce lawyer cost?

Mar 22, 2022 · California divorce laws are governed by the California Family Code, a series of legislative acts that cover the complete spectrum of legal issues surrounding divorce in the state. The California Family Code is one of 29 legal codes that form all general statutory laws in California. Under the Family Code, there are three main ways to end a ...

Which Indian law allows divorce?

Under the Indian personal laws, divorce by mutual consent is recognised under the Hindu Marriage Act 1955, the Special Marriage Act 1954, the Parsi Marriage and Divorce Act 1939, the Dissolution of Muslim Marriage Act 1939, and now also under the Divorce Act 1869.Nov 1, 2020

Is there a divorce law in the Philippines?

According to the announcement, the Philippines and the Vatican are currently the only two sovereign states in the world that still prohibit divorce.Aug 17, 2021

How much does a divorce cost in the Philippines?

Lawyer rates go from P80,000 to P150,000; the filing fee could be around P10,000; and the entire process of filing for legal separation, annulment, or the nullity of marriage can reach P350,000 (sometimes higher). It's expensive and traumatic.Mar 28, 2019

Is annulment better than divorce?

Although most couples choose divorce, an annulment is a better option for one or both spouses under certain circumstances. Legal annulments are rare, and the consequences of an annulment differ significantly from the effects of a divorce.Aug 3, 2020

What is divorce law?

Divorce law is a subsection of family law covering the dissolution of marriages. A divorce lawyer will have to deal with no-fault divorces , at-fault divorces, property division, child custody, and support payments. As such, the attorney will need close attention to details, as what can seem to be a small detail to one party can be a rather large one to another.

How long do you have to live in California before filing for divorce?

For example, California requires that one or both divorcing spouses have lived in California for the previous six months. The time period in other states ranges from as short as six weeks to as long as one year before filing for divorce.

Where to file a complaint for divorce?

Consequently, when seeking a divorce, the petition/complaint should be filed with either the county or district branch of the superior or circuit court of the state. Some states have a specific division that deals with family law. If there is no specific branch, the petition/complaint is filed with the main civil division of the superior or circuit court. In densely populated regions, the county or district branch of the state court may have a number of facilities in different locations. Check with the local county/district branch of your state’s court to find out about where you should file for divorce.

What is summary divorce?

A summary divorce is just a simple divorce and is only available in some jurisdictions. It is faster, involves less paperwork, fewer court appearances, less negotiation, and often not dispute concerning property issues. It can be used when spouses meet certain eligibility requirements, or when they agree on key issues beforehand. Some important factors for determining eligibility include:

What is the first step in divorce?

The filing of a divorce/dissolution petition/complaint with the court is the first step of the divorce proceedings. This is then served on the spouse of the petitioner, notifying him or her that the divorce process has started.

When Should I Hire a Family Law Attorney?

Divorce/Dissolution: Family law attorneys advise their clients on important financial and personal matters related to divorce, including division of assets and debts, the award of the family home and mortgage, family and child support, and custody.

How Does the Process Work?

Anderson Hunter attorney Laurie Ummel likens the work of a family law attorney to counseling in this respect: “People come in with a problem. They need to have it solved.” As with counseling, transparent communication on both parts is key to the client-attorney relationship.

What About Cost?

Ummel compares hiring a family law attorney to a plumbing problem. “I don’t know how to fix a plumbing problem, I wouldn’t try. I would pay what it takes because that’s something that’s essential to me.” Under Washington state law, parties do not have to be represented in family law cases and aren’t automatically entitled to an attorney.

What do divorce lawyers do?

A talented divorce lawyer will help you manage divorce's complex emotions. Your divorce lawyer is not your therapist and will not tell you how you should cope with the issues. For that, you need a psychologist or a counselor. However, your divorce lawyer should advise you when your decisions are very bad ones and, unless you change the course, can send you down a dangerous road.

Is fear the same as concern?

Fear is not the same as concern. Fear is not the same as anxiety. When divorcing a husband who is a lawyer or a husband of any profession, anxiety and concern is normal. It is part of the divorce process and I don't know any spouse who goes into a divorce joyful and content.

What to do if husband refuses to disclose divorce?

Disclosures are one of the most important parts of any divorce case. If your husband refuses to make proper disclosures, you must, through your own attorney, put him on notice of the defects and mandate that he make proper, accurate and complete disclosures.

Can I go through divorce alone?

No matter what your situation, you will not go through it alone. Retaining a knowledgeable and experienced divorce lawyer will go a long way in helping ease the transition from marriage to separation and from separation to divorcing your lawyer husband.

What is the California divorce law?

California divorce laws are governed by the California Family Code, a series of legislative acts that cover the complete spectrum of legal issues surrounding divorce in the state. The California Family Code is one of 29 legal codes that form all general statutory laws in California. Under the Family Code, there are three main ways ...

Is California a no fault state?

California is a “no-fault” state meaning that the person requesting the divorce does not need to prove that the other person did anything wrong. State law allows for “irreconcilable differences” as the reason for a marriage to be dissolved.

What is separate property in California?

California law defines separate property as any assets acquired before a marriage or after the date of separation between two spouses. When either party files for divorce, assets that are separate property do not need to be considered among the assets that need to be divided equitably between spouses.

Is a diamond watch considered separate property in California?

California law states that gifts given to one spouse by the other during a marriage are considered separate property. For example, if a wife received a $10,000 diamond watch as a birthday gift, those would clearly be hers in a divorce action.

Is domestic violence a part of divorce?

Domestic violence can be a particularly ugly part of a divorce proceeding. As such, law enforcement officials have strong safeguards in place when the appearance of domestic violence is present. Studies show that domestic violence is the largest single cause of injury to women in the United States, with an act of battery on a woman taking place every 9 seconds.

Can a military spouse file for divorce in California?

Military Divorces in California. There are special laws in place when it comes to one spouse or the other who is currently in the military and who wants to file for divorce. These are special rules that supersede state law in many instances as part of the Servicemembers Civil Relief Act.

What is property division in California?

Under the California Family Code, this generally means that all property, real or personal, that was acquired by either party during a marriage is equally owned by each partner. However, there are exceptions regarding the property division.

Who is Mat Camp?

Mat Camp is a former Lexicon Services Online Editor, who focused on providing a comprehensive look into all aspects of the divorce experience. On MensDivorce.com, he concentrated on issues, such as parenting time, custodial rights, mediation, the division of assets, and so much more.

What happens when you are falsely accused of abuse in a civil case?

When falsely accused of abuse during your civil case, the inclination is to take whatever action is necessary to clear your name, including testifying about the incident (s) that gave rise to the criminal allegations or denying that they occurred at all.

Do domestic relations cases have to be civil?

Because domestic relations cases are civil rather than criminal in nature, the same constitutional protections do not apply. You should therefore always seek consultation from both your civil and criminal attorneys before testifying or otherwise making a statement of record in either case.

What are the hours of a divorce lawyer in Orange County?

Our business hours are Monday through Friday from 8:30AM to 6:00PM PST. However, we can be reached 24/7 by calling 1 (714) 971-8000. We offer a free 30 minute case evaluation with one of our family law attorneys. When calling after hours please indicate the best time for returning your call. If you prefer to email us, please use info@yanezlaw.com or use our mail-form here.

Who is Bettina Yanez?

Attorney Bettina Yanez is a recognized top Orange County Divorce & Family Law Attorney. She is Certified by the California State Bar Board of Legal Specialization, as a Family Law Specialist, this means that she is skilled in the following areas of law, divorce, child custody, child support, child visitation, mediation, legal separation, modifications, restraining orders, paternity, prenuptial agreements, property division and all other matters that fall under California Family Law.

What is Cruelty?

Even the best marriages experience emotional ups and downs. It’s not uncommon for a loving spouse to have a bad day, or blow up and say regrettable things to the other.

What Acts Constitute Cruelty in a Marriage?

Since laws regarding marriage and divorce vary from state to state, the rules governing cruelty will differ depending on where you live. The only way to know exactly what counts as grounds for cruelty in your state is to read the statute or to consult a local family law attorney for advice. Some common examples of cruelty include the following:

How is Cruelty Different From Neglect?

In some states, cruelty and neglect are synonymous grounds for divorce. What this means is that a spouse who has abandoned the family without providing any financial support over a period of time, may have committed cruelty. Generally, neglect or abandonment is easier to prove than cruelty.

How Do I Prove Cruelty as a Divorce Ground?

Many states recognize both fault and no-fault divorce grounds. If you’re seeking a fault divorce based on cruelty, you have the burden of proving that you’ve experienced such extreme cruelty that staying in the marriage is impossible. Claiming you were married to a mean-spirited, nagging wife or a hot-tempered husband probably won’t be enough.

Questions for Your Attorney

I filed for divorce based on cruelty, but withdrew that case because my spouse promised to stop the abuse and get professional help. If the abuse starts again, can I restart the old case?