Roseville Divorce Lawyer
Divorce Attorney in Rocklin, Citrus Heights, and Carmichael
Divorce is known to be one of the most stressful and difficult legal processes that individuals can face. In California, there is a variety of divorce options that spouses can pursue together or separately to end their legal marital status and move on with their lives. The available options for divorce in California are suited to fit virtually any scenario, from mutual divorce, to proceedings brought about by just one of the marriage partners. There are a variety of important aspects of divorce that can be easily overlooked without the support of a skilled professional, however, and it is extremely important to seek the advice of a trusted divorce attorney with experience to represent you and your cause.
Simplified divorce is the least complex option, and is suited for those who have been married no more than 5 years, have no children and have little debt or assets of the marriage. Simplified divorces can be resolved in as little as 30 days. Uncontested divorce addresses the needs of married couples who mutually agree to end the relationship and resolve pertinent issues, such as are listed below, together.
Child custody is usually determined after assessing what the best interests of the child are. These interests, while not clearly defined anywhere, usually have to do with the living environment that the child would be placed in, the child's education, and other factors. Children are no longer under child custody restraints once they reach the age of 21. Read more about child custody.
The parent who has custody of the child generally received child support from the other parent. This support is intended to help with the cost of raising the child and supporting the child on a daily basis. Although the parents may come up with their own agreement regarding child support, it sometimes falls to the court to decide. Read more about child support.
Division of Assets
Division of assets refers to how the couple chooses to separate their property. This decision can be complicated if the spouses have difficulty coming to a satisfactory agreement. Sometimes, property division is discussed before marriage and planned for in prenuptial agreements. Read more about division of assets.
Division of Debts
When a couple divorces, they come up with a divorce settlement agreement, which specifies, among other things, how they will divide their shared debt. Although the spouses work with separate attorneys, it is mutually understood that both divorcees have to agree to the final decision. Read more about division of debts.
Either through a will or through the court, a parent or the current legal caretaker of the child will sign over the legal responsibility of taking care of the child over to another person. Once the child reaches the age of 18, he or she is no longer considered a minor and is therefore not under the authority of the legal guardian. Read more about guardianship.
Legal separation is different than divorce because the couple is still married. They do not live together, and they both are legally accountable for certain duties. Sometimes legal separation leads to divorce, but that is not necessarily always the case. The terms set by the court can sometimes be difficult to modify, so they should be made carefully at the outset. Read more about legal separations.
Litigation for Conservatorship
Similar to a guardian, a conservator is lawfully placed as financial overseer over a person who is incompetent to make such decisions. Conservators generally are appointed for adults who for some physical reason cannot manage their property, finances, and other important assets. The exact way conservators are chosen varies depending on the location. Read more about litigation for conservatorship.
Litigation for Estates
Property, money, a house—anything that a person has at the time of his or her death is referred to as his or her estate. Usually, the person's will states where all the assets are intended to go. However, if for some reason it is contested, the issue is brought to court and undergoes estate litigation. Read more about estate litigation.
Throughout the divorce process, after the divorcees make the necessary decisions, they have a set of divorce laws. The divorce laws may be changed through a process called modification; however, it can be very time-consuming and difficult to make any changes. After the divorce orders have been finalized, the court is often reluctant to make changes unless it is seen to be in the best interest of the children. Read more about modification.
Sometimes during a divorce it is necessary to verify who the father of a child is. This can be done through paternity testing. Verifying the father is important in issues of parenting plans because it could affect issues such as child support or spousal support. The father assumes both the rights and responsibilities that go along with established paternity. Read more about paternity/father's rights.
If one of the parents moves far away after the couple has gotten divorced, it can usher in a set of difficulties. Depending on the child custody and visitation laws developed during the divorce, the children must go back and forth long distances in order to see both parents. Because of these difficulties, it may be necessary for the relocating parent to obtain legal permission before making the move. Read more about relocation.
Spousal support is money given from one spouse to the other. Generally, the divorcee that has less money is the one who receives the support, although the spouses are given the opportunity to decide on their plan together. Spousal support arrangements are not necessarily permanent. Read more about spousal support.
When children are involved in a divorce, it is necessary to establish child custody and visitation guidelines. Visitation rights are usually granted to the parent who does not have physical custody of the child. Under the specific guidelines set by the court, the parent can see the child at certain times and in certain locations. Read more about visitation.
Until first enacted in 1970 by lawmakers in the state of California, no-fault divorce was not available in the United States. It is now common across the nation, and is commonly utilized in situations when no specific reason is required in marriage dissolution . Some people may wish to have an agreement arranged in a legal separation, either to have time to resolve their marriage or for religious or other reasons. These agreements can be negotiated to by our legal team.
Roseville Divorce Attorney
Each type of divorce carries its own requirements as well as advantages and drawbacks, and Herrig & Vogt LLP, Attorneys at Law is available to discuss these options with all clients throughout the cities of Roseville, Rocklin, Citrus Heights, Carmichael, Loomis, Auburn, Lincoln, Orangevale, Folsom, Fair Oaks, Rancho Cordova, and Gold River. Our firm has established a strong reputation for providing committed, personal legal services, and most importantly, has a record of success in court. We support the right of all married individuals to seek divorce for any reason. Our legal team will zealously protect your rights and interests, as has a depth of knowledge and skill in family law that could greatly benefit your individual case. We provide legal representation with respect for your finances, and do all possible to keep the costs involved reasonable. Our firm can also assist clients with issues relating to estate litigation as well as litigation for conservatorship.
Contact a Roseville divorce attorney today if you are preparing to enter into divorce proceedings and want the best protection for yourself, your children and your assets.