Fairfield Divorce Lawyer

Divorce Attorney in Fairfield, CA

Guiding You Through Each Step Of The Divorce Process

You do not have to go through your divorce alone. If you are ending your marriage, our Solano and Contra Costa County divorce attorneys can help you. We partner with you and provide services tailored to your needs. From preparing and filing court documents to litigating for your desired outcome, we are by your side throughout the divorce process.

The First Step Toward A New Future: How To File For Divorce In Solano County

To begin the divorce process, you must file a petition in the Solano County Superior Court. This petition states the petitioner’s intent to dissolve the marriage. The other spouse, known formally as the respondent, has 30 days to respond. Our Solano and Contra Costa County divorce attorneys can help complete and file your petition.

Uncontested Divorce: The Next Steps

The petitioner’s case proceeds if the respondent does not answer the petition within 30 days. An attorney then draws up the divorce judgment. This is a document that outlines division of property, spousal support, child support, child custody and any other orders. The divorce judgment is then filed with the court. The divorce becomes final six months and one day after the respondent was served the divorce petition.

Contested Divorce: A More Complicated Option

When the respondent responds to the divorce petition within the 30 days, a date is usually set for a mandatory settlement conference. Before the settlement conference, attorneys for both parties begin the discovery process. In discovery, divorce attorneys gather information about property, finances, children and circumstances.

This is done with questionnaires and depositions. The lawyers use the gathered information to try to get both sides to come to a marital settlement agreement at the mandatory settlement conference.

If spouses are unable to reach an agreement at this conference, the case goes to court. Once each side has been heard, the judge issues a divorce judgment. This determines the division of property, child custody, visitation, child support and spousal support.

The judgment is issued and, if the six-month waiting period has already been met, the divorce is final. If the waiting period has not been met, the divorce will be final six months and one day after the respondent was served the petition.

What Factors Qualify As Grounds For Divorce In California?

In California, grounds for divorce – legally termed “dissolution of marriage” – are covered in the California Family Code Section 2310-2313. The two grounds for dissolution of marriage or legal separation in California are:

• Irreconcilable differences that have caused the irremediable breakdown of the marriage
• Incurable insanity

When You Can No Longer Peaceably Live Together: Irreconcilable Differences

In the California Family Code, irreconcilable differences are defined as “those grounds which are determined by the court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved.”

The legal concept of irreconcilable differences is employed very liberally in California, which is one of many states that allows so-called no fault divorce. In a no fault divorce, there is no burden on the filing party to prove that the other spouse is guilty of having wronged the filing spouse. In fact, the filing spouse need only declare that the two are incompatible or can no longer peaceably live together.

The judge can order a delay of divorce proceedings if they believe that the irreconcilable differences cited in the divorce petition are not as irreconcilable as they appear. This delay, lawful under California Family Code Section 2334, can last a maximum of 30 days. The judge renders judgment if either spouse still desires a divorce after the delay.

Incurable Insanity: An Uncommon Route

Two important caveats should be considered if you are seeking a divorce on the ground of incurable insanity. First, the filing party must provide proof that the insane spouse was and remains incurably insane. This proof must include testimony from medical or psychiatric experts. Second, any dissolution of marriage granted on the grounds of incurable insanity does not absolve the filing spouse of any lawfully imposed spousal support or alimony.

No Divorce Is Too Complex For Us

A divorce can be one of the most emotionally difficult and stressful events you will endure. Divorces – and family law in general – are often a dangerous combination of personal, familial, financial and legal issues, and it can be very difficult to keep track of every aspect.

At Barber Tubis Law, P.C., our Napa divorce attorneys understand how complex divorces are, and they know how important it is for our clients to have experienced lawyers looking out for their interests. With a strong track record of helping clients through the divorce process, our attorneys should be your first choice. Fill out an online form or call 707-429-2222 to schedule a consultation.

Client-Focused Divorce Attorneys Helping You Through Divorce

We guide families through this emotional process. We provide sound legal advice and understanding to achieve the resolution you want. Our lawyers are experienced in all areas of family law and are available to discuss your needs. We can help you determine the best approach to take for your divorce. Contact us online or by calling 707-429-2222 today to schedule a consultation.