Divorce
Do I need an attorney to handle my San Francisco divorce?
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- Tubten C., Consultant
Not necessarily. As with any court proceeding, you are allowed to represent yourself, so an attorney is not strictly necessary. There are numerous print publications that can help you file your own California divorce if you wish to go through the process alone.
Deciding to divorce is not easy, but once you have made the decision it is important to act quickly to safeguard your interests and protect the well-being of your children. A competent attorney will help you protect your rights as well as the rights of your family. If your spouse has retained an attorney, you would be well advised to do so as well.
What are the legal grounds for obtaining a divorce?
California is a no-fault divorce state. This means that either spouse can obtain a divorce in California without proving that the other spouse did something wrong. The two official grounds for a no-fault divorce in California are “irreconcilable differences” and “incurable insanity.” “Irreconcilable differences” is by far the most common grounds for divorce and is also the simplest to obtain. “Incurable insanity” is difficult to prove and the non-insane spouse may be obligated to financially support his or her former spouse for that person's lifetime. For a more detailed explanation of these rules, you should contact a divorce attorney.
How do we divide our assets?
Spouses are generally free to divide their property as they see fit. This is done using something called a "marital settlement agreement," or "MSA." An MSA is simply a contract between the spouses that divides their property and debts and resolves other issues of the divorce. Once the parties agree to the terms of their MSA, the court makes it into an order. That means that if either spouse fails to abide by the terms of the agreement, they can be held in contempt of court.
If the spouses cannot reach an agreement about the division of their property, the court must divide it equally. The rules of equal division have several exceptions, however, and for a more thorough exploration of how your property will be divided, you should contact a divorce attorney.
