California laws regarding divorces, separations and annulments are complex. Your reasons for choosing one means of ending a marriage or domestic partnership over another can be just as complex.
You may have personal, religious, or financial reasons for choosing one over the other. The Law Offices of Quinton R. Swanson is adept at helping its clients through a variety of legal processes concerning end-of-relationship issues, including:
- Division of assets. We help our clients to get their shares of marital assets, including money, homes, cars, retirement savings, inheritances, investment properties, stock options and business interests. Finances are often the central issue in a divorce or separation, and we can work to ensure that you receive the assets you need to move on with your life.
- Tax filings and planning. Complex tax issues often accompany divorces, especially when significant assets are involved. We are experienced in tax planning and tax preparation and can help you limit the tax impacts of your marital dissolution.
- Prenuptial/antenuptial agreements. Such "marital agreements" can be useful in defusing potential issues prior to a marriage, or before a marriage ends. We help our clients in drafting these agreements.
- Restraining orders. Restraining orders can help restore calm and safety in situations involving domestic abuse or child abuse. They may also prevent one party from leaving the state with, or hiding, shared children. We help our clients obtain orders of protection and restraining orders when needed.
- Spousal support. Spousal support, formerly known as "alimony," may be decided by a court or written into a separation agreement or divorce settlement as part of a negotiation resolution. Either way, we can help you get the level of spousal support you need, or prevent your paying support if you believe it is unwarranted.
- Post-divorce modifications. Personal and financial circumstances change. When they do, it may be necessary to seek a modification of divorce terms to reflect a new reality. We assist our clients in seeking modifications of their divorce decrees, separation agreements and child custody, child support/spousal support determinations.
Getting a Divorce | Murrieta Divorce Lawyer
You may have heard terms like "no-fault," "uncontested" or "contested" divorce. Our lead attorney, Quinton R. Swanson, can advise you on which option to seek to get what you need, or provide competent counsel and representation if you have been served with divorce papers.
California is a "no-fault" divorce state, which means, essentially, that a divorce cannot be legally considered the fault of one party or another. As a result, property, child visitation privileges and other factors of a divorce are not determined by whether one party cheated on the other, or other reasons.
Uncontested divorce is one in which there are no major issues involving assets or children to work out; or, if there are major issues, they can be settled out of court. Such divorces can be resolved relatively easily, quickly and with a minimum of expense.
Contested divorces are like they sound: the parties "contest" issues that they cannot resolve outside of court. When negotiations fail, a judge can make determinations on the major issues of a contested divorce.
Getting a Separation | Temecula Separation Lawyer
An alternative to divorce is legal separation. Under a separation, the parties remain legally married, but are required to resolve issues regarding living arrangements, child support and child custody, spousal support and other issues. They may retain marital rights to retirement benefits, such as 401(k)s, IRAs, pensions and death benefits. They may also have religious reasons for seeking a separation instead of a divorce.
Getting an Annulment | San Jacinto Valley Annulments Lawyer
Another term you might hear is "at-fault" divorce. Although California does not grant divorces based on fault, an annulment can happen when a marriage is deemed "defective" and to have happened as a result of fraud or coercion, or if one partner was mentally unsound or younger than the age of consent, among other factors.
An annulment differs from a divorce, in that it declares, essentially, that the marriage was never valid. As a result, each party can leave the relationship with their assets intact and without further obligations to the other. If the parties had children together, paternity must be established before any obligation toward child custody and child support arrangements can be assigned.
Call the Law Offices of Quinton R. Swanson Today | Hemet, California
At our law firm, we have experience with all matters of divorce, separation and annulment, and we work hard to help our clients keep their important assets and rights to children.
We employ negotiation, mediation and collaborative law techniques when possible to save our clients time and money; however, we fight vigorously in court on behalf of our clients when the situation requires it.
For more information, or a free consultation, contact us online or at 951-537-6785.