Divorce, Legal Separation & Paternity
Rancho Cucamonga, Rancho Cucamonga & Upland Family Law Attorney
With Aaron M. Hudson, clients receive the personal attention of an attorney
who understands the law in California but more importantly, the difficulty
of this season of life. Individuals who are facing
divorce issues will be forced to deal with many complex decisions while also nursing
the emotional struggle of the process. Aaron M. Hudson provides the care,
counsel and representation needed to get through this time efficiently
and successfully. He and his firm handle a wide range of divorce cases
including those of uncontested divorce, contested divorce, legal separation
and the establishment of legal paternity.
Uncontested Divorce in California
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. 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 affect 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.
Contested Divorce: Finding a Middle Ground
The term "contested divorce" (otherwise known as dissolution)
refers to a lack of agreement on the issues involved in your divorce (for
example, custody, community assets and debts, 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.
Because California is a no-fault divorce state, a party seeking dissolution
of their marriage does not need specific grounds to get divorced. The
only requirement for 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"
Typically, a party's 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 in a state that operates by
There are exceptions and situations where a party's conduct is relevant
to certain issues, for example:
- Abuse of alcohol or drugs may impact custody issues.
- Documented history of domestic violence can be used to determine spousal support.
- History of financial conduct can influence the final result of the divorce.
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.
California Legal Separation Laws
If a couple has decided to permanently separate but is not yet ready for
the dissolution of marital status, legal separation may be a viable option
as a means to the end. 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 intact. 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 life and medical insurance policies,
penion benefits and for religious reasons.
Establishing Paternity in a Divorce or Separation
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. Aaron M. Hudson is also very
experienced in civil litigation, and can be an incredible asset to his
clients in this area of law.
The dissolution of a family unit, whether married or unmarried comes with
a great deal of complex responsibilities. Make sure you have the answers,
information and counsel of a trustworthy legal professional by contacting
Aaron M. Hudson today.