The marriage of a couple is a beautiful thing. But not every marriage lasts with the same passion and commitment the couple had on their wedding day. It is quite common in society for married people to feel like they have made a mistake in choosing the person they decided to be with for the rest of their lives. Marriage is a legal process, but unfortunately some people just leave the situation without settling legal matters. However, if one desires to start a new life, secure possessions or claim child custody, going through the legal process of divorce is the best course to take.
In California, a couple typically does not need a clear reason to assert their divorce. However, most divorce cases involve many legal issues that will definitely be a pain in the neck. Affairs such as child custody, child support, alimony, and asset distribution are typical sources of great legal complexities that need more than just signing papers and contracts. If you know that your divorce situation would involve these kinds of issues, it is best to work with a San Diego, CA divorce lawyer to make the entire process much more bearable and convenient.
If you need a legal firm that you can trust with your divorce, Marc Shular Law is here for you. For every negotiation, document drafting, submission, and legal process that you need to undergo, even litigation, our top-quality lawyers are here to handle them with excellence and compassion. We will protect your rights to the best of our capabilities and take care of how your divorce’s impact on your children.
Call Marc Shular Law today at (858) 330-3519 for your Free Consultation with a San Diego Divorce Lawyer!
Everyone knows that divorce proceedings are often complicated situations involving many real issues of relationships and personal affairs. The emotional, social, and psychological well-being of everyone involved, including children and other family members, will definitely be a major factor in divorce. It is only logical to hire an expert to handle all the complex legal processes involved in a divorce.
Marc Shular Law’s team of highly trained San Diego divorce lawyers is capable of settling divorce cases regardless of their complexity or the issues involved. We know how to handle each case with both excellence and understanding, which is necessary in guiding people going through a divorce towards making the right decisions.
Legal experts during your divorce case will make everything much easier to handle, understand, and decide on. We are here to represent you in court with great skill and care for your rights and interests. We will do everything in our power to help you get the ideal results for you and your children.
The California Family Code provides all the legal basis for all divorce proceedings within the state’s jurisdiction. It gives options for divorce, legal separation, or annulment for couples who want to be legally detached.
A legal separation does not legally end the marriage. However, it opens the situation to opportunities for child support settlement and enforcement of restraining orders. This is often filed by a person even without the other party’s agreement for security reasons. The marriage will not end, but a certain separation can be legally enforced.
In the case of a divorce, California law allows a “no-fault” state. This means that the one who files for a divorce does not need to show any evidence of any wrongdoing done by the other party to validate the decision for a divorce. The person can just say there are “irreconcilable differences” between the two parties. Within 30 days, the other party must respond unless there is an existing agreement between the parties. Otherwise, the case will default. The divorce and other important legal matters such as child custody, asset division, and spousal support will be finalized.
With Marc Shular Law’s legal team, you can expect to have the smoothest possible divorce process, no matter how complicated your situation is. We are here to help you properly settle all legal matters related to your divorce, which typically includes the following:
The California courts handle divorce cases that might affect the future of involved children with special care. Under Family Code 4055, the court will decide on how much child support will be involved by assessing important information, such as the parent’s assets, properties, sources of income, and regular income. The time each parent will spend with the children will also help determine the details of the child support.
It is common for the other party to be uncooperative with the terms of child support and custody, especially if the divorce is one-sided. In such cases, the court can order the enforcement of child support claims. In situations where the ina
bility to provide child support is valid, such as job loss, a child support modification order can be enforced to make things better for everybody.
California law also states that for service members involved in child support cases, the amount of their provision must not be more than 60% of their full financial capabilities. This law is also applicable for non-military divorces involving a service member, such as when the person is retired. In such cases, the Uniformed Services Former Spouses’ Protection Act is considered by the federal government in determining the details of child support.
When it comes to decisions on child custody, the well-being of the child or children involved is obviously the top priority. If both parents plan to be involved in some sort of arrangement, they must both submit a plan for how they will handle the raising of the child. Our legal team can help you throughout this process, giving you all the information you need to decide what is best for your children’s development despite having a complicated family situation.
Spousal support is not required for a divorce case. But if deemed by the court as necessary, they can decide on the details of alimony and spousal support depending on many factors, such as the financial capacity and needs of each party.
There is a proper procedure for calculating how much spousal support must be provided for the one who requested it. Factors such as the standard of living of the parties, the length of the marriage, their ages, health issues, child support and custody arrangements, any existing debts, financial assets, properties, the length of the marriage, and the financial capacities of both parties are just a few of what affects the terms of the spousal support. If domestic violence is involved, certain changes may also happen to the spousal support arrangement.
Military considerations are also included in spousal support situations. Similarly, the financial support must not exceed 60% of the service member’s income and allowances. The same goes for retired individuals, where the USFSPA will manage the terms after the finalization of the divorce.
We are here to help protect your financial interests, whether you are the one requesting spousal support or you are being forced to pay. We will make sure that the result will be in favor of you and your children’s well-being.
The California Family Code states that all properties that a couple acquired during their marriage are equally owned by each party. Dividing them in the context of a divorce, therefore, can be quite tricky, especially if some properties and assets are difficult to divide into exactly two parts. There are also situations where the property was given as a gift or inheritance from parents, which, according to law, belongs to the recipient. On the other hand, if the property is obtained before or during the marriage, it is obviously owned by the owner. These are all provisions of the law of community property states to which California belongs.
A San Diego divorce lawyer is highly advised to help settle asset and property division situations. According to law, a couple can just agree on which properties belong to each of them and obtain the court’s agreement. On the other hand, if the couple does not agree, the courts may intervene and decide based on family laws.
Marc Shular Law’s legal experts can help determine and handle the assets and properties involved in your divorce. In difficult situations wherein the other party is claiming ownership of properties that legally belong to you, we can find bargaining chips to help turn the situation around and in your favor. Our lawyers can also handle other complicated assets like pensions and retirement plans by acquiring a domestic relations order. Every problem that you may encounter in the asset and property division can be solved by our team of highly trained divorce attorneys.
If you are a client that has a considerably above-average value of properties, you are welcome in our firm.
If you are a high-profile businessman, a celebrity, or even a politician, we are very much capable of handling your high-value assets with excellence in protecting your interests and great care for your privacy and other important personal issues.
Our lawyers and legal experts are all seasoned in low- and high-profile divorce cases.
We assure you that we will handle your situation with the utmost regard for professionalism and skill.
An extra layer of complexity is added to divorce cases involving a party currently serving in the military. In such cases, the Servicemembers Civil Relief Act, which is composed of federal legal provisions that revolve around the financial issues of military personnel, is involved. It will supersede state family laws and will significantly affect how the entire divorce proceedings will continue.
The service member involved in a military divorce does not need to be physically located in California for the legal proceedings of the divorce to push through. Divorce proceedings can happen if the spouse is in California or the service member is stationed in California. The service member must, however, have resided in California for at least six months and in the county where the divorce is filed for at least three months. If the service member is located elsewhere for service, they can be informed via mail about the divorce, allowing them to simply sign an acknowledgment waiver if they do not intend to oppose the process.
In cases where the service member wants to contest the divorce, and they are still on military duty, they may invoke the Soldiers and Sailors Civil Relief Act. Under this act, they can appeal to delay the divorce proceedings for up to 2 months until they are discharged from their duties.
Simply let us know of your military duties, whether you want to file for divorce or your spouse is filing for divorce. No matter how complex your case is, even if you are out of town for service, we can provide you with a top-notch San Diego divorce lawyer and legal team to make every legal aspect of the situation much easier.
Divorce is never easy for anyone. On top of the significant emotional toll that the process might cause you, there are also considerably tough legal proceedings that must be properly settled. Getting a San Diego divorce lawyer will give you an easier time during all these hassles and a significant advantage in protecting your rights, interests and the welfare of your children.
Marc Shular Law is a leading law firm specializing in divorce cases and related family matters. Give us a call so we can show you all the services we can do for you to make your tough situation much easier. You can trust us to inform you about all the important legal matters in your case and help you make the difficult decisions you might have to make. We aim to protect your interests and your well-being through legal tools as much as possible.
Call Marc Shular Law today at (858) 330-3519 for your Free Consultation with a San Diego Divorce Lawyer!
