Thousand Oaks Divorce Attorney

Thinking of Divorce? You have options

Seemingly from one day to the next your entire life changes because, for many reasons. you are now facing a divorce. A divorce can be one of the most difficult personal circumstances a person will have to endure. There are so many things you have to consider and take care of including childcare and living arrangements. You will now also have to divide assets and deal with the terrible emotions that comes along with the end of a relationship.

Having the right legal representation can make all the difference when starting your new life. As a certified family law professional, Stephanie L Mahdavi understands what you are going through during this difficult time and places the wellbeing of your children above all else. You have options and we will ensure you are aware of what they are. Each case has its own unique hurdles to consider and can only be determined during a case evaluation with a Thousand Oaks divorce attorney.

Children’s Best Interests

A divorce is hard to begin with but can become much more difficult when children are involved. During a divorce, custody and child support can be some of the most heated and high stakes topics in the courtroom. Some partners can never agree on this topic even after the court has decided or one partner feels the decision was unfair. This is when some will seek a modification. The topic is very sensitive and your relationship with your children will be affected for many years to come. There are many custody options including sole custody and joint custody. There are also many things the judge will consider when determining visitation and child support.

Divorce Planning and Spousal Support

The way that couples split their finances are different for each marriage and in some cases one spouse will have more earning capacity than the other and is a major aspect of how the finances are run in the household. Due to a divorce, you will need time to adapt to a new lifestyle and less income. Depending on the case, support can be awarded either temporarily to help the other spouse get back on their feet or permanently. Courts will use information like the length of the marriage and the sacrifices or contributions that were made throughout the marriage by each spouse.

Property Division

Being a community property state, California requires that all assets and debts acquired throughout the marriage be divided equally upon divorce. Do not try to figure the totals out on your own. Our Thousand Oaks divorce attorneys have financial professionals who will comb through every financial record to determine an appropriate number.

Thousand Oaks Divorce Attorneys Can Help

There are many aspects that go into a divorce from the division of assets to child support and visitation. There are many options available when the end of a marriage is imminent. Our Thousand Oaks divorce attorneys understand this and will be able to review your circumstances and determine the best course of action. Our goal is to ensure you and your children are protected during a divorce. Contact us to schedule a case evaluation

Can my spouse divorce me if I did nothing wrong?

Yes, your spouse can divorce you if you did nothing wrong. All divorces in California are considered “no-fault.” The other party (your spouse) does not need any reason at all for asking for a divorce. Chances are, you already know something is off before a divorce is filed. However, judges are not going to consider fault when determining support or dividing assets. Please consult with a Thousand Oaks divorce attorney with your case specifics.

How is it possible that my spouse gets so much of the property in a divorce?

California is a community property state. That means that when you get married, you and your spouse are considered a single merged entity. That probably seems great when you get married. In a divorce, however, that can really be a tough pill to swallow. Any assets or property that is earned or acquired during the marriage is considered community property owned by both of you.

Are you telling me that I can get stuck with my ex-spouse’s debts?

Yes, you can certainly get stuck with your ex’s debts if they acquired that debt during the course of the marriage. Both assets and debts are considered part of the communal property. A Thousand Oaks divorce lawyer will help you understand this area of the law.

If we live together for a certain amount of time, are we considered married?

California does not recognize common law marriages. It does not matter how long you have been living together. This means that you are not going to be entitled to any asset division otherwise recognized in a divorce.

  • California will recognize a common law marriage if the couple lived in a state that did so and then moved to California.

Do I have to pay my ex-spouse child support or alimony if they cheated on me?

Child support and spousal maintenance (alimony) are not dependent on whether or not infidelity occurred. California is a “no-fault” divorce state. There need not be a reason for the divorce, and any reason presented does not matter. All divorces will be treated the same. Judges will not take infidelity into account when making these decisions.

Why can’t I get my spouse’s inheritance as part of my divorce?

An inheritance generally belongs to the spouse who received it. The other spouse will not receive any of this. However, if the inheritance is used for things in the marriage and becomes commingled with other marital assets, it could be seen as a community property asset. Always ask your Thousand Oaks divorce attorney about these matters.

Can I file for bankruptcy to get out of paying child support or alimony?

Filing for bankruptcy will not take away your responsibility to pay either child support or alimony. This included both Chapter 7 and Chapter 13. However, Chapter 13 bankruptcy may help you reorganize your payments and help you catch up on back payments.

Can I keep my dog at least?

You most likely can keep your pet. A new law in California gives judges the power to consider what is in the best interests of pets in divorce cases. Before, pets were treated as physical property. Not anymore.

FAQs for Thousand Oaks Divorce Attorney

Getting divorced in California can be quite complicated, which is why many questions about the process can arise along the way. It is critical to know the answers when filing for divorce in Thousand Oaks or elsewhere in California.

If you have not found the answers to your questions, contact our Thousand Oaks divorce attorney at Law Offices of Stephanie L. Mahdavi by calling at 805-379-4550 or completing our contact form at the bottom.

What Are the Requirements for Divorce in California?

Unlike in “fault” divorce states, there are not that many requirements for filing for divorce in California. In a no-fault state such as California, you can file for divorce as long as one spouse cites “irreconcilable differences.”

Besides the “irreconcilable differences,” which can result in divorce even if one of the spouses disagrees, the petitioner can file for divorce on the grounds of “incurable insanity.” In that case, the petitioner must demonstrate proof that their spouse is mentally incompetent with the help of medical or psychiatric testimony.

One of the few requirements in California is that one spouse must have resided in the Golden State for at least six months prior to filing a divorce petition.

When filing for divorce in a county court, the spouse who submits the petition must have resided in that county for at least 90 days. The vast majority of divorces in California are completed within six months.

What is a Contested Divorce in California?

Divorces are divided into contested and uncontested ones.

A contested divorce, which is typically a more expensive option compared to the uncontested dissolution of marriage, is when the divorcing spouses cannot come to a consensus about some aspects of their divorce.

When you cannot agree on things, you will most likely need help from a Thousand Oaks divorce attorney to represent you in mediation, negotiations, and other complex divorce proceedings.

More often than not, contested divorces get a trial date to allow you and your spouse to voice your arguments in front of the judge. Both parties may require attorneys to ensure that all the legal obligations are fulfilled.

A contested divorce can cost considerably more than if the divorcees opted for an uncontested dissolution of marriage. Contested divorces are not only costly but can also drag on for months or years due to the investigation, discovery, subpoenas witness interviews, and many other aspects.

What is an Uncontested Divorce in California?

An uncontested divorce is a cheaper alternative to the contested dissolution of marriage in California. However, not all divorcing couples are eligible to file for a summary dissolution, which can finalize a divorce without a single court appearance.

You can file for a summary dissolution in California if you meet the following criteria:

  • You have been married for five years or less;
  • You do not have children born in marriage;
  • You have less than $40,000 worth of property;
  • Neither you nor your partner will receive alimony;
  • Your debt does not exceed $6,000; and
  • You and your spouse have a formal agreement detailing property division.

Let our Thousand Oaks divorce attorney answer your additional questions regarding the divorce process in California. Save yourself tons of time by not having to Google each aspect of your divorce. Instead, get a consultation right away.

    Contact Us

    * Fields are required
    By clicking submit you are agreeing to the terms and conditions.