Divorce, Legal Separation and Paternity

What is an uncontested divorce?

An uncontested divorce is one where the parties are in agreement on all issues. This typically involves having an attorney draft the pleadings necessary to quickly and efficiently enter the judgment. This saves the parties a great deal of money. The Law Office of Aaron M. Hudson can complete an uncontested dissolution faster than most lawyers, and can typically do so for a flat fee. The process requires that each party complete disclosures of assets, debts, income and expenses. The parties can then, with the assistance of counsel, negotiate and sign the required documents to effect the judgment of dissolution. While some attorneys purport to represent “both parties”, it is Aaron’s believe that it is not ethically possible to “serve two masters”, so he will only represent one party in any dissolution. Upon the documents being drafted, the other party will have the opportunity to consult with independent legal counsel to protect their own interests.

What is a contested divorce?

The term “contested divorce” (otherwise known as dissolution) refers to a lack of agreement on the issues involved in your divorce (for example, custody, property divorce, and support). Sometimes the parties agree on some issues, for example ending the marital status and division of property, but will need the court’s assistance to resolve other issues, such as custody and support.

What if either party doesn’t want to get divorced?

Because California is a no-fault divorce state, a party seeking a dissolution of their marriage does not need specific grounds to get divorced. The only requirement for a dissolution is that irreconcilable differences have arisen. The mere fact that one party wants to divorce and the other party does not, is in and of itself an “irreconcilable difference”

What does no-fault divorce mean?

Typically a parties behavior during the marriage is not germane to the issue of divorce. For example, the fact that one party had an affair during the marriage usually does not matter. There are exceptions and situations where a party’s conduct is relevant to certain issues. For example, a spouse’s abuse of alcohol or drugs may impact custody issues. Another example is that a documented history of domestic violence can be a fact relevant to spousal support. Finally, married persons have a high level of fiduciary duties to each other, so a spouse’s conduct with regard to finances during the marriage could be of significance in a legal separation or dissolution action. If your spouse has hidden assets, you can rest assured that Attorney Hudson has a great deal of experience exposing such conduct and locating the assets to which you are entitled as a matter of law.

What is a Legal Separation?

Legal Separation is a status conferred by a court by way of a Judgment. Legal Separation is a final determination of all issues of property and support between the parties. The parties’ marital status will remain in tact. Because an action for legal separation typically involves the same cost, time and procedure as a dissolution action, it is a relatively rare procedure. Moreover, the court typically cannot grant a judgment of legal separation without the consent of both parties. The most common reason parties obtain a legal separation is to preserve the ability to cover the other spouse on medical insurance.

“Legal Separation” is often confused with the term “date of separation”. The date of separation is a “legal” term, but it simply means the date one of the parties intended the marriage to be over, accompanied by an act consistent with that intent. Typically this is the date that someone moved out of the family residence or filed a petition for dissolution with the court.

What is a paternity action?

When unmarried parents end a relationship, it can be much like a divorce because many of the same issues, animosity and distrust are prevalent. Child custody and Visitation will have to be determined, as will the issue of Child Support. The difference between Paternity (Uniform Parentage) actions and dissolution is that there are no minimum residential jurisdictional requirements, and the court does not hear issues of property division and spousal support. Many times the parties to a paternity action will use their lawyers to assist in resolving issues of co-owned property. Absent an agreement, however, a civil action will have to be filed for the court to hear and decide those issues. Attorney Aaron M. Hudson is also very experienced in civil litigation, and can be an incredible assets to his clients in this area of law.