San Diego Attorneys Experienced in Family Law Issues
While all couples go through some level of conflict when they are getting divorced, sometimes the tensions run extremely high and the process becomes especially stressful. High conflict divorces are difficult to handle for a number of reasons, ranging from the animosity that each spouse feels to the serious problems that may be underlying the broken relationship. You do not have to go through this difficult time alone. At Jenkins P.C., our diligent family law lawyers will work tirelessly to help you get what you deserve under California law.
Tension Can Arise From Dissolving a Marriage
A capable lawyer should try to understand and defuse the tension in high conflict divorces. These situations can become heated due to mental and psychological issues, contested child custody visitation matters, wrangling over the division of valuable assets, and more. Since divorces in California can take some time, this process can be extremely taxing on everyone involved if emotions are not properly managed.
Under California law, in order to file your Petition for Dissolution of Marriage, you must make sure that the Superior Court has jurisdiction over your case. The easiest way to establish this is by meeting the state residency requirements, which mandate that at least one of the parties to the marriage has been a California resident for six months and a resident of the county in which the proceeding has been filed for at least three months prior to the filing.
The Petition for Dissolution of Marriage can be filed on two no-fault grounds available under California law: irreconcilable differences or, much less commonly, incurable insanity. Using a no-fault divorce system means that the spouse seeking to dissolve the marriage does not have to establish that the other spouse did anything wrong that undermined the relationship. Instead, irreconcilable differences simply mean that there are sufficient reasons for the marriage not to continue based on the couple not getting along. Fault, however, may be assessed by a court when it comes to questions of spousal support and property division.
In California, depending on the nature and circumstances of a couple’s situation, they may able to opt for distinctive types of divorce, such as an uncontested divorce, a simplified divorce, and more. These options may be especially useful for couples who do not have children, have not spent a long time together, and completely agree on how to divide their property. An experienced attorney can help you determine which the best option in your case is. Certain options are only available if very specific conditions and criteria are met.
Contact a Capable Divorce Lawyer in the San Diego Area
The divorce attorneys at Jenkins P.C. can zealously advocate for your rights near San Diego in the context of settlement negotiations as well as the courtroom. We understand that this situation often creates conflicts that are hard to resolve, and the process is made even tougher when it is contentious. We will thoroughly assess your situation and determine a sensible course of action for you and your children. Jenkins, P.C. represents clients from Rancho Santa Fe, Del Mar, Encinitas, and Cardiff, among other communities. To learn more, call us at 858-314-2400 and schedule an appointment with one of our attorneys.