Divorce Attorney
San Francisco Divorce Attorney
Going through a divorce can be a painful and trying experience. Oftentimes in
divorce cases there are questions about finances, ongoing debts, taxes, child
custody, child support, and a number of other confusing subjects that a couple
seeking a divorce are forced to consider. While some divorce cases are fairly
straight forward, many are complicated by questions about children, disputes
over finances and the personal emotions that are bound to surface in cases such
as these.
Having an attorney on your side throughout the process can be a great way to get
through a divorce as quickly and painlessly as possible. While more than 95
percent of divorces are uncontested and settled outside of court, having a
lawyer to provide you with legal and financial advice is one of the smartest
things you can do in a divorce. Your lawyer will make sure that you are treated
fairly in every respect and will help you to figure out the paperwork and tax
forms involved in this complicated process.
Below you will find some general information about the legal aspects of a
divorce. It is advisable to discuss all of the following with your attorney.
Separation versus Divorce
A legal separation means that a many and wife are living apart from one another
and have legalized it through a court of law in the form of a court order or
written agreement. A legal separation is not required before obtaining a
divorce.
Fault based versus No-Fault divorce
Most divorce cases today are what is called “no fault divorce.” A no fault
divorce means that neither party blames the other for the break-up of the
marriage, and thus there is no need to prove guilt. The principle behind
no-fault divorce is that relationships are complicated and normally one person
cannot be blamed for the failure of a marriage. However, most states still have
fault-based divorce as an option, though it is much less commonly used as it
tends to make the emotional situation of both parties worse rather than better.
Child Custody
While previously the mother was automatically given sole custody of the
children, this is no longer the case. Today, both parents are given equal rights
to custody of the children. However, if the parents cannot agree on child
custody a court will decide depending on the “best interest of the child.” The
child’s preference is also carefully considered in court if they are of a mature
age and reasoning level.
(Family Legal Guide, 2002)
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