Since 1984, The Father’s Rights Law Center® has represented spouses in California in all areas of family law. Our unique law office works with husbands and fathers representing their rights during a marital dissolution. The Father’s Rights Law Center® does not believe that custody is right for every father, but that every father should have an equal right to custody.
Divorce can be an extremely difficult time for both spouses and minor children, and we work to ensure that the process is smooth, and that your interests are properly and fairly represented. To schedule your complimentary consultation immediately, call us today at 1-800-4-LAW HELP.
The Father’s Rights Law Center® assists clients in all of the following legal issues:
- Child Custody
- Spouse / Child Support
- Divorce in California
- Family Law
- Military Fathers
The Father’s Rights Law Center® represents husbands and fathers throughout San Diego, California in the divorce process. Divorce is an emotionally difficult process, even in cases where the spouses agree on the terms. Attorney Peter Mueller ensures that his clients always receive the representation they deserve. His aim is to make the process as smooth as possible, while also ensuring that his clients’ rights are protected.
Difficulties in the divorce process often center on minor children and the custody arrangement. The Father’s Rights Law Center® works to ensure that fathers have an equal right to custody and that they structure an arrangement that works best for them and their children. Divorce proceedings here in San Diego are under the jurisdiction of the Superior Court of California, County of San Diego.
Requirements for Divorce in California
In California, divorce (or dissolution of marriage) is no-fault, meaning that if there are irreconcilable differences that have led to the breakdown of the marriage, a divorce can be granted. This is the case even when one of the spouses disagrees and does not wish to divorce.
California has a six month waiting period before a divorce can be granted. To obtain a divorce in the state of California, one spouse needs to have been a California resident for six months (continuously). Also, one spouse needs to have been a continuous resident of the county for three months.
The Divorce Process
The Father’s Rights Law Center® will represent you each and every step of the way from initial petition through to the granting of dissolution. Our attorneys understand that you may be wondering what to expect.
The divorce process begins with the filing of the Petition of Dissolution of Marriage by one spouse, which is served on the other spouse. The respondent then files a Response, and either party can request an order to show cause hearing, in which the judge makes temporary arrangements concerning custody, support, residency and other pertinent factors in the divorce. In the discovery phase which follows, documentation is provided by each spouse.
The Preliminary Declaration of Disclosure is required and is an accounting of property, both community and separate, as well as income and expenses. Depositions may also take place during the discovery phase. Settlement discussions follow discovery, during which both spouses and their attorneys will attempt to come to an agreement.
If this is achieved, the Marital Settlement Agreement is prepared and ultimately signed by the spouses and their lawyers. This contains all of the terms of the dissolution, including provisions for custody of minor children, visiting/parenting time, division of property, child support, spousal support and more.
If the spouses cannot agree, there will be a trial. Following either a trial or a signed marital settlement agreement, there will be a Final Judgment of Dissolution of Marriage containing the court’s orders.
What “Community Property” Means
California is a community property state, which means that all property that was acquired during the marriage will be divided equally by the court if the parties are not able to come to an agreement. Sometimes, where there has been establishment of something as separate property, the item(s) will not be divided.
An example would be a deed or document establishing the property as separate or a written document between the spouses stating that the property is separate and not community. At The Father’s Rights Law Center®, we can assist you with protecting your interests in your property that was acquired during your marriage that you believe is separate.
How to Get Legal Help
When people are facing divorce, they are usually full of questions about what to expect, what their rights are, what the financial implications are, and what their rights are with respect to the care of their children.
The Father’s Rights Law Center® provides the free “Father’s Rights Strategic Defense Toolkit” as well as complimentary consultations during which we can discuss the details of your family and how best to proceed.
You can take advantage of the free “Father’s Rights Strategic Defense Toolkit” here. To schedule your complimentary consultation immediately, call us today at 1-800-4-LAW HELP or complete the online request form here.
We look forward to working with you and providing a solid strategy for navigating these difficult waters.