Divorce/Dissolution of Marriage

California law views marriage as a contract, and getting a divorce is like the dissolution of a business.  The problem with this analogy is that a divorce is often one of the most extraordinarily emotional and distressing events a person ever goes through.  Successful legal representation requires sensitivity to the emotional component along with the skills and experience to see that your rights are adequately represented.

The Divorce Process

In a divorce/dissolution, all property and debt is allocated to the parties in an equitable arrangement.  The parties begin with a full and complete disclosure of assets and debts and have an affirmative obligation to provide detailed information.  Temporary orders may be ordered providing for child support or spousal support, or setting custody and visitation guidelines until a final order is entered by the court.  If domestic violence is involved, temporary restraining orders may also be issued.  If there are no contested issues, the parties may settle the issues between themselves.  If an agreement cannot be reached, the parties will go to court, and following a trial the judge will decide issues such as property division, child custody and support, and spousal support.  A divorce may be granted as early as six months after a petition is filed, although if the case goes to trial it may take longer.

Grounds for Divorce

California is a "no-fault" jurisdiction, meaning that one party does not have to prove bad acts on the part of the other to obtain a divorce.  A divorce may instead be granted on the basis of irreconcilable differences between the parties.  Issues such as marital infidelity or habitual drunkenness do not generally come into play into the property division as they do in fault-based jurisdictions, although factors such as domestic violence can have significant impact on child custody issues.

Child Custody and Support

The courts generally favor granting access for the child to both parents.  Depending upon age and gender of the child, this may not always the best option. 

Support comes in the forms of child support and spousal support.  The courts recognize an obligation to support minor children throughout their period of minority, but in terms of spousal support, the goal is that parties become self-supporting within a given time frame.  For more information, see our pages on child custody and spousal support.

Jurisdiction/Legal Separation

Even if you haven't been in California long enough to divorce (six months), you can still file for legal separation and file for divorce at a later date.  During a legal separation, the judge can grant orders regarding custody and support in the same manner as the temporary orders discussed earlier under the process of divorce.

Seek Experienced Legal Representation

A divorce can be a difficult and extraordinarily emotional time for the people involved, causing severe disruptions to the finances and daily lives of the spouses.  A qualified and experienced divorce attorney can be an invaluable asset to making sure that you are treated fairly.  Contact Rombro & Associates for a convenient and confidential consultation.