Divorce (Contested and Uncontested)

Contested:

After they decide to divorce, many spouses feel overwhelmed. The divorce process is a complicated one that raises many questions, and it's often hard to find the right answers. A divorcing couple has more to worry about than filing forms – they also have to make decisions about several crucial issues:

• the grounds for divorce
• support and alimony
• property division
• child custody

When a couple cannot agree on these issues, it is considered a contested divorce. In such cases, the two spouses should seek their own attorneys to represent them throughout the process.

Marshall Law PC has extensive experience preparing and filing contested divorces in San Diego. When you work with us, you can be assured that you are retaining a seasoned divorce attorney who will provide expert advice and guidance.

Before our team can file your contested divorce in California, certain requirements must be met:

• You and your spouse disagree on the grounds for divorce, which can include the following:
  • Abandonment (for more than one year)
  • Constructive abandonment (either you or your spouse has refused sexual relations for more than one year)
  • Adultery
  • Written separation agreement
  • Cruel and inhumane treatment
• If you have children, you and your spouse disagree on custody of the children and the exact amount of child support.
• There is property to divide between the two of you (bank accounts, pensions, real property, or personal property). In California, any property acquired by either spouse during the marriage is considered marital property, subject to equitable distribution. Any increase in value of separate property may also be subject to equitable distribution.
• You or your spouse has lived in California for at least one year.

Marshall Law PC will only represent one spouse. Under no circumstances will our office represent both parties. We will prepare the necessary legal documents and send them to your husband or wife with a detailed letter explaining the next steps. We pride ourselves on keeping the process fast, easy, and as comfortable as possible for our clients.

Uncontested:

When the spouses agree on the important decisions pertaining to their divorce without court help, it is called an uncontested divorce. Uncontested or simple divorce is very common, especially in cases where there are no children and minimal property issues, because of its straightforwardness and low cost.

Even if you and your spouse are parting amicably without conflict, you should still speak with an attorney. Marshall Law PC has handled many uncontested divorce cases. When you work with our firm, our experienced divorce attorneys will guide you smoothly through the process.

Certain requirements must be met before we can file your uncontested divorce in California:

• You and your spouse agree on the grounds for divorce, which can include the following:
  • Abandonment (for more than one year)
  • Constructive abandonment (either you or your spouse has refused sexual relations for more than one year)
  • Adultery
  • Written separation agreement
  • Cruel and inhumane treatment
• If you have children, you and your spouse agree on a custody arrangement and exact amount of child support (or you have an order from family court).
• There is property to divide between the two of you. This can include bank accounts, pensions, real property, or personal property. In California, any property acquired by either spouse during the marriage is considered marital property, subject to equitable distribution. Any increase in value of separate property may also be subject to equitable distribution.
• You or your spouse has lived in California for at least one year.

Under no circumstances will our firm represent both spouses in any divorce case. There are serious ethical principles involved.

When you work with one of our attorneys on an uncontested divorce, we will go through the key issues surrounding your divorce and prepare all the required legal documents. Your attorney will listen closely to your concerns and answer all of your questions. We pride ourselves on giving our clients the information they need to make the divorce process simple, quick, and painless.