Fresno, California registered a population of around 509,000 in 2012. Among this half-million residents, were a significant number of married people who, for some reason or another, wished to bring their union to an end. As characteristic to California’s strong family orientation, the State laws on divorce make the process an extremely difficult and harrowing experience; requiring the court to establish that a marital union is, indeed, beyond repair. If you firmly believe you’ve endured the last straw in your marriage, and divorce is your last chance for happiness, then a reputable divorce attorney in Fresno should be at your side.
Residency and Filing Requirements
California stipulates that a person cannot be allowed to call for a judgment on dissolution of marriage within the State’s jurisdiction unless the same has been a resident for at least six months. If you fall within this law, you can file your petition with the state superior court. These requirements are provided for in California Family Code sec. 200 and 2320, respectively.
Grounds for Divorce
To be eligible for divorce or the total dissolution of your marriage, California law dictates that your situation should fall in any of three circumstances. The first two are irreconcilable differences and irremediable breakdown of the marriage; both in need of proof that you indeed sought every avenue towards working it out. The third is incurable insanity, which should be proven by a medical expert witness.
Being a community property state, California upholds laws that dictate that both the spouses’ property become communal upon dissolution of the union. Hence it follows that upon divorce, the state shall see to it that the estate is divided equally. Any property acquired by any partner prior to the marriage, however, is not covered by this.
Either parent may be awarded custody of any child. The state court considers what is best for each of the children when deciding with whom they would live with when their parents go their separate ways. Important factors like a history of abuse or incompetence by one parent will definitely be considered.
A Fresno CA family law attorney like one from the Webb and Bordson Law Group can help you find a happy ending to your tale of misery. This is, of course, if divorce is the only recourse left in your pursuit of happiness. Treasures broken beyond repair are, oftentimes, just discarded.
466 W. Fallbrook,
Fresno, CA 93711
T: (559) 431-4888
F: (559) 821-4500
San Diego Branch:
10509 Vista Sorrento Pkwy., Suite 430
San Diego, CA 92121
T: (619) 399-7700
F: (619) 819-8400
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