Divorce

What type of Divorce does Lindsey Law Office handle?

An area of practice at Lindsey Law is Family Law and we represent clients wanting to end the marital union. We represent clients whether they are in a long term or short term marriage and clients in opposite or same sex marriages. Clients are encouraged to seriously consider all options prior to deciding to end a marriage. Once the decision to end a marriage is made, Lindsey Law is available to represent the client from the initial filing of the Petition to the Judgment.

Qualifying for an Annulment?

An Annulment is different from a divorce because an annulment is a retroactive court judgment that invalidates a marriage to the date of the “I Do”. What does this mean? It means that the marriage never existed. In California an Annulment is only available under limited circumstances and differs from a divorce because a divorce judgment terminates a valid marriage. Whereas an Annulment judgment signifies that there was never a united marriage.

Grounds for Annulment

A marriage is voidable and can be annulled if at the time of the marriage the person wanting the annulment was not of legal age to consent to marriage; The spouse of the petitioner was already married at the time of their marriage; One or both of the parties were of unsound mind at time of the marriage, fraud, force, and incurable incapacity at time of marriage.

Grounds for Divorce in CA?

California is what is called a No-Fault State, which basically means if a person wants a divorce, they are entitled to a divorce. That said, in CA divorce is based on irreconcilable differences and/or incurable insanity. Irreconcilable differences occur when there has been such a breakdown in the marriage that no amount of counseling or any alternative could repair it. In fact, most divorces are based on irreconcilable differences which are plead generally on the Petition which is filed.

If during the marriage a spouse becomes permanently incapable of making legal decisions and proof is provided to the court, then a divorce based on incurable insanity can be adjudged.

As stated the most common reason for divorce in CA is based on irreconcilable differences. In fact, if a petition for Legal Separation is filed and in the responsive pleadings a divorce is requested, the proceedings will become a dissolution of marriage rather than a legal separation.

Do I need an attorney for divorce in CA?

The simple answer is no, an attorney is not needed to get a CA divorce. However, I strongly recommend attorney representation for anyone that has minor children, has acquired assets and debts, has separate property, has a business… As you can see, we believe that most persons seeking a divorce should have legal representation and this is not because we are a Family Law Firm. The legal system is complicated and when you are faced with a family law proceeding that is ending that which you are accustomed to and have spent time, energy and effort building, you want a legal professional who a understands what you are facing. You want one that will take the time to listen and be a zealous advocate for you during this time of change in your life. We provide individualized legal representation to each of our clients to assure that their best interests are served.

Why is Lindsey Law the best choice for a divorce Attorney?

We have years of experience representing family law clients and know the laws governing family law in CA. We not only take the time to listen to our clients and their concerns but our law practice is committed to integrity. Every client is treated with dignity and respect. Throughout the case, we keep contact with the client and phone calls are returned within 24 hours. Our excellent customer service distinguishes us from other law offices.

Contact the Lindsey Law Office today for assistance with your divorce, separation or annulment at (909) 801-7388