Divorce and other family law disputes are stressful and emotional events. A single household is split in two, parenting is now shared in a different way, and assets that you acquired as a couple now have to be itemized, valued, and divided.
During this trying time, you need a Carlsbad divorce attorney who knows how to negotiate, can be persuasive or aggressive when necessary, and has the legal knowledge to address all of the complexities of family law cases.
The Law Office of Steven L. Fritsch provides experienced and quality legal representation in all California family law issues. We will work closely with you to discuss your options and develop a strategy to fit your unique case, minimizing cost and conflict whenever possible.
What Makes Us Different?
When choosing a Carlsbad divorce attorney, you want to work with someone who has a distinguished history and expertise in California family law matters. Attorney Steven L. Fritsch is a State Bar of California Certified Family Law Specialist who has an excellent reputation as a family law attorney. He supports clients in urgent and timely matters involving:
- Spousal Support/Alimony: If you left the workforce years ago to raise a family, you may be entitled to short or long-term spousal support while you acquire the skills and training needed to become independent. Working with an experienced attorney can result in the support you need.
- Child Custody: If you’re going through a divorce or legal separation in California and you have children, we can help you negotiate a custody and visitation schedule that is in their best interest and gives them as much time as possible with both parents.
- Child Support: When parents divorce or separate, they still maintain a legal obligation to support their children financially. We will advocate for a child support order that is fair to both sides while meeting the needs of your family.
- Divorce: If you need a Carlsbad divorce attorney, we will guide you through the entire process and ensure that you leave the marriage with everything you need to move forward with your life. Attorney Steven L. Fritsch supports clients through various types of divorce, including contested, uncontested, same-sex, and military divorce. If you choose divorce mediation, he will represent you during all sessions.
- Family Law: California family encompasses a wide range of legal matters, including but not limited to divorce, child custody, adoption, and domestic violence. Attorney Steven L. Fritsch also assists clients who need to file a restraining order or pursue a paternity action to protect their parental rights.
- Military Divorce: When one spouse is a member of the U.S. military, divorce presents special complications because some aspects are bound by military rules and laws. We will help you deal with the complexities of this type of divorce, including the division of military benefits.
- Property Division: California is a community property state, meaning that each spouse owns half of the community property and is responsible for half of all marital debt. We will seek to ensure that you maintain all rights to property you own separately and receive your fair share of the marital estate.
Divorce in California – An Overview
California Family Code 2300 defines dissolution of marriage, or divorce, as a court order that restores you and your spouse to an unmarried state. This is a huge life change that should never be undertaken without legal advice from a California divorce lawyer.
What are the Requirements for a Divorce in California?
Under California Family Code 2320, to be divorced in California, you or your spouse must have lived in this state for six months and been residing in the county where the petition was filed for a minimum of three months.
There is an exception to this rule for same-sex couples, who may bypass these requirements if they married in California, or the state where they currently reside will not dissolve their union.
Is California a No-Fault Divorce State?
Unlike some states, California no longer requires evidence of fault to grant you a divorce. It is enough for you or your spouse to state that you have irreconcilable differences. Under California law, you may also seek a divorce if your spouse has permanently lost legal capacity, provided that they were incapacitated at the time the petition was filed.
Although proof of misconduct, such as infidelity, has no bearing on whether or not the court will grant you a divorce, it may be relevant in other family law decisions. For example:
- A spouse who deliberately squandered marital assets may receive less marital property in the divorce.
- An abusive spouse may not be granted custody of their children. Instead, they may receive supervised visitation, depending on the circumstances.
What is the Waiting Period for a California Divorce?
In the state of California, divorces are finalized six months after the petition and summons have been served on the respondent spouse. However, if your spouse appears in court before they’ve been served, the countdown starts from this initial appearance. A Carlsbad family law attorney will explain what timeline may apply to your case.
Do You Need to Speak to a Carlsbad Divorce Attorney?
Located in Carlsbad, California, the Law Office of Steven L. Fritsch represents clients throughout all of San Diego County. He has years of experience in all areas of family law, so please call our law firm today for your free consultation.
