Top Oceanside Divorce Attorneys – Best Family Law Firm Handling Child Custody/Support, Visitation Rights, Spousal Support/Alimony, Property Division and Other Marriage Dissolution Cases
Retaining the right Oceanside divorce lawyer is very important because California divorce law is strictly followed in the city with a full compliance to the various scopes of requirements before a marriage dissolution is finalized. There are residency requirements with forms to file for a proper dissolution of a marriage. Please contact experienced Oceanside divorce and family law attorney for help.
Contested & Uncontested Divorce Lawyers in Oceanside, CA Helping You Understand Marriage Dissolution Process
A marriage can only be dissolved by California law when certain requirements are fulfilled; the first of which one of the married couple is a resident of California for at least 6 months. The divorce proceeding must be filed for 3 months preceding the petition requested by the proper forms filed in the state court.
The superior state court holds all jurisdictions over all divorce proceedings according to the state Family Code of Sections 200 2320. If a spouse is unfamiliar with the legal proceedings which must be satisfied with full compliance, it is advisable to hire professional divorce lawyers in town who can activate the necessary processes for a quick resolution.
A marriage in Oceanside can be dissolved by separation or divorce. Certain grounds of consideration are admitted to dissolve a marriage in California:
- Irreconcilable differences
- Incurable insanity with proof
A legal separation is activated in California on the same grounds as a divorce with the same residency requirements satisfied. A couple seeking separation must submit the necessary forms for an entry of judgment on legal separation. The earnings and asset accumulations of both parties would be submitted to the court for its jurisdiction in delegation.
Fair Distribution of Property in a Divorce
When a divorce is filed in California, the superior court would handle the fair distribution of both parties’ assets including cash and properties. As a community property based state, California would execute the judgment or dispensation of properties as provided by the state statute on divorce.
The statute applies to all types of property acquired by the married couples in a marriage. When the divorcing couple cannot agree amicably outside the court on their property distribution, the state court is obliged to divide their assets which are considered as community estate. The separate property of the divorcing parties is not included, especially when the property is acquired outside the marriage.
A separate property refers to:
- All property owned before marriage
- All property acquired after marriage via bequest, descent, gift or devise
- Property rents, profits and issues
Separation of property falls under the jurisdiction of the state Family Code of Sections 760, 770, 772 and 2550.
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