Danville Divorce Lawyer

The emotional challenges and legal complexities associated with a divorce can be overwhelming. Having the best legal assistance possible for your case can give you the confidence and peace of mind you need to approach and resolve any type of divorce matter.

At Moradi Saslaw, our divorce attorneys assist clients in all aspects of divorce, from child custody and support to spousal maintenance and property division. We will fight to protect your legal rights while favorably and fairly resolving your most complex legal issues.

Moradi Saslaw’s divorce attorneys are:

• Skilled in both mediation and trial litigation;
• Able to provide you with individualized attention and the care you deserve; and
• Possessed of the resources to support you in a variety of family law matters.

Contact us in Danville today to discuss your divorce. One of our Danville family law attorneys will gladly address your legal questions and concerns in a confidential case consultation.

Our Danville Divorce Attorneys Can Help

Having an experienced Danville divorce attorney representing you throughout your divorce puts you at an advantage. At Moradi Saslaw, we take the time to listen to you and know your legal goals. We also make sure that you understand California’s divorce laws as they apply to you and your case.

In addition, Moradi Saslaw’s divorce attorneys can do the following on your behalf:

• Negotiate with the opposing attorney to reach a settlement;
• Advocate on your behalf for child custody, child support, and spousal support;
• Uncover any hidden assets or property your spouse may be attempting to hide; and
• Resolve any other disputes that may arise during the divorce process through mediation or litigation.

Learn more about how Moradi Saslaw’s divorce attorneys can help you by reaching out to our Danville office. Moradi Saslaw is a full-service family law firm and can assist you with even the most complex divorce issues.

California’s Residency Requirements for Divorce

To divorce in California, one of the spouses must meet California’s residency requirements. This means one spouse must have resided in California for six months before filing for a divorce. That spouse must have resided in the county where the divorce is filed for at least three months.

Waiting Period for Divorce

California divorces are not granted automatically upon filing. There is a six-month waiting period from the service date on the non-filing spouse before a judge will grant a divorce. This applies even if the divorce is amicable.

California is a No-Fault Divorce State

California is a no-fault divorce state. Neither spouse needs to place blame on the other when ending the marriage. Instead, a divorce may be granted due to irreconcilable differences.

Common Issues in Divorce

Before a divorce may be finalized, several issues need to be settled. Primary amongst these are the following:

• Asset and debt division;
• Child custody and visitation;
• Child support; and
• Spousal support.

Spouses may choose to settle on some or all of their issues outside of court using some form of dispute resolution like negotiations or mediation. The court will rule on any contested matters.

Asset and Debt Division in Divorce

California is a community property state. This means that assets and debts acquired during the marriage belong equally to the spouses and are divided equally upon divorce. Spouses can agree on property division, or the court can divide any assets or debts on their behalf.

Before division, the property must be identified as community or separate property. Property accumulated by a couple during marriage is community property. Separate property is property owned by one spouse to marriage or acquired by gift or inheritance during the marriage.

Child Custody and Visitation in Divorce

There are two types of child custody in California, legal and physical. Although parents are encouraged to work together and come to their own shared custody agreement, the court will decide on a custody arrangement when parents cannot agree.

In California, the court bases its custody decisions on the best interests of the child and does not favor either parent when making a custody decision. The court may award parents joint legal and physical custody, sole legal and physical custody, or any combination of the two.

Parents can change or modify an existing custody and visitation order either by agreement or by filing a motion with the court due to a significant change of circumstances that warrants a custody modification.

Child Support in Divorce

Child support is calculated according to California’s child support guidelines. There is a child support formula that takes the following and more into account when determining support:

• The actual average monthly income of each parent;
• The tax filing status of each parent;
• The number of children these parents have together; and
• The actual percentage of time the child spends with each parent;
• Court-ordered child support paid for the benefit of children from other relationships.

Child support may be modified when there is a change of circumstances, such as a custody change or parental job loss.

Spousal Support in Divorce

Spousal support is ultimately based on the support needs of one spouse and the ability to pay support to the other spouse. Once these basic criteria are established, the court will look to the following types of factors as a guide in setting spousal support:

• Each spouse’s earning capacity;
• The extent to which the supported spouse contributed to the other’s educational degree or professional license during the marriage;
• Each spouse’s debts and assets, including separate property;
• The length of the marriage;
• The supported spouse’s ability to become employed without interfering with the care of the parties’ minor children;
• Each party’s age and health;
• Any documented history of domestic violence against either party or the children;
• Tax consequences to each party;
• The goal is that the recipient spouse will be self-supporting within a reasonable period; and
• Any criminal conviction of an abusive spouse.

Spousal support ends if either party dies or the supported spouses remarries.

Contact an Experienced Danville Divorce Attorney

If you are considering a Danville divorce, you need to know your rights and options moving forward. Call or contact Moradi Saslaw to schedule a consultation with a skilled divorce attorney from our firm. We want to provide you with the legal support you need to end your divorce in the best possible position.