Roseville Divorce Attorney

If one spouse or domestic partner wishes to end the marriage or domestic partnership, even if the other spouse or domestic partner does not want a divorce, they can file for a dissolution of marriage (divorce) or domestic partnership. A Roseville divorce attorney can help you do so.

Understanding California Divorce Laws

California is a “no-fault” state, meaning that the spouse or domestic partner who is filing for a divorce does not have to prove that the other spouse or domestic partner did anything wrong. The spouse or domestic partner would file for a divorce based on the grounds of either irreconcilable differences or permanent legal incapacity to make decisions (this would need to be proven).

In California, you cannot obtain a divorce decree any sooner than 6 months and 1 day from the time that the Summons and Petition is served on the other party. Although this seems like a very long time, it is not uncommon for the divorce process to take longer. Some parties are able to complete the process before the 6 months and 1 day. However, they do not return to the status of a single person until after the Judgment of Dissolution is filed with the court, and no less than 6 months and 1 day from the service of the Summons and Petition.

In order to file for a dissolution in California, you or your spouse or domestic partner must have lived in California for the last 6 months, and you must have lived in the county where you plan to file the divorce for the last 3 months. If you do not meet the residency requirements, you may consider filing for a legal separation until you do meet the requirements.

A divorce proceeding can include child custody and visitation, child support (if there are minor children of the marriage), spousal support, and property division.

In the 45 U.S. states that publish these statistics, there were 673,989 divorces and annulments in 2022. With 2,065,905 marriages in the same year, the US marriage rate was 6.2 per 1,000 people.

Legal Separation

Depending on your own circumstances, you may choose to legally separate instead of filing for a dissolution (divorce). There are a number of reasons that someone may lean towards a legal separation over a dissolution. These reasons include:

• Religion
• Health insurance
• Retirement accounts
• Social Security
• Taxes
• Other personal reasons

A legal separation is for couples who want to live separately and apart, but do not want to divorce. If you obtain a legal separation, neither party is free to remarry, as a legal separation does not terminate the marital status.

In order to obtain a legal separation, you do not have to meet the California residency requirement, which is required to obtain a dissolution.

Annulment

An annulment is when the court finds that your marriage or domestic partnership was not valid. A marriage or domestic partnership is not valid and is considered void if there is incest or bigamy.

A marriage or domestic partnership is not valid and is considered voidable under the following circumstances: the petitioner was a minor at the time of the marriage or registration of domestic partnership; prior existing marriage or domestic partnership; unsound mind; fraud; force; or physical incapacity.

If your marriage or domestic partnership is annulled, it is as if the marriage or domestic partnership never existed because it was not valid to begin with.

To discuss your circumstances with a compassionate and caring Roseville divorce attorney, call the Law Office of Sara S. Thompson, PC.

Resolution Options and Cost Expectations

One of the first decisions made when you hire a Roseville divorce attorney is often how you wish to proceed towards resolution. Divorce cases can take many paths and become more costly in time, money, and emotion if you do not understand your options from the start. Resolution is most commonly achieved through:

• Negotiated settlement. The spouses and their attorneys provide information and settlement proposals back and forth until an agreement is reached. This method can occur without court intervention and is typical in low-conflict cases.
• Mediation. With the help of a neutral third-party, spouses discuss unresolved issues.
• Litigation. Parties who cannot reach an agreement let their attorneys argue the unresolved issues before the court through motions, hearings, and sometimes a trial. While sometimes necessary, litigation is often more expensive and time-consuming than other divorce options.

Costs and timeline can vary dramatically based on the facts of your case. Resolving unnecessary battles early can help limit expenses.

Placer County Divorce Road Map

Clients often want to know what happens after filing for divorce in Placer County. Keep in mind that every case has unique facts and issues. Below is a generalized road map of how typical cases progress:

• Start the case. A spouse (Petitioner) files a Petition and Summons for dissolution and serves the other party (Respondent).
• Response period. The responding party typically has 30 days from service to file a Response. If no Response is filed, the party who filed may be able to proceed via default.
• Implement court rules. As soon as the Summons is served, the standard family law restraining orders automatically become effective.

• Exchange financial disclosures. The parties exchange financial disclosures, generally known as preliminary declarations of disclosure. These are due 60 days from filing your Petition or Response.

• Settlement and resolution. The parties may negotiate informally with each other or their attorneys, attend settlement conferences, or go to mediation to resolve outstanding issues.
• Finalize the divorce. Final paperwork is submitted, and a Judgment of Dissolution is entered.

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At the Law Office of Sara S. Thompson, PC, we provide clients in Roseville and Placer County with savvy, straightforward, client-centered advocacy for family law concerns. Sara was born and raised in Northern California. She proudly served in the United States Air Force and worked as a paralegal before becoming a divorce attorney.

Her professional career has been dedicated to family law, and she continues to be personally involved in every case. She uses her calm demeanor and understanding of highly charged situations to help clients be their own rock while navigating the legal system.

Whether your situation involves minor kids or massive assets, divorcing couples benefit from having steady leadership from beginning to end. The right attorney can help clients understand California divorce laws, realistically assess their options, and move forward without unnecessary conflict. The Law Office of Sara S. Thompson, PC can help. Contact us today to hire a divorce attorney and receive more information.