Family Law

Fremont Divorce Attorney discusses how so many people want to get divorced and they want to do it immediately

By Scott Sagaria

Fremont Divorce Attorney discusses how so many people want to get divorced and they want to do it immediately

Many people want to get divorced and they want to do it immediately. It's difficult to stay married to a person when you despise them and cannot stand the sight of them. In movies and television, the main characters seek and divorce and in the next scene they're on a tropical island with their new significant others commenting n how they are "newly divorced. However, in real life, a divorce takes a lot longer than one scene to the next. California law requires at least six months to pass from the date the divorce petition is served for the divorce to become final. The rationale historically has been that this provides a period of time during which the parties might "cool off" and possibly reconcile their differences. You can make a formal request to the court to bifurcate your case, such that after six months you are deemed divorced, that is, no longer married, but the other issues in your case (if not resolved) will continue to be dealt with by the court. For example, property division; if both of you have not decided on how to divide your property before the six month mark, then you're technically still married. Spousal if not also child support and, if applicable, parenting issues. If these issues take longer than one year, well guess what? You're still married until those issues are resolved. That is until you seek a bifurcation of status. Divorce in California can and will go forward even if just one party to the marriage wants it. We have a no-fault divorce system where "irreconcilable differences" is the key phrase, even if one side disagrees. So whether you like it or not, in six months, a divorce will be finalized. But it won't happen before that time period.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

Full post as published by California Family Law Blog on August 07, 2009 (boomark / email).