Legal Separation and Divorce Law Services in Los Angeles and throughout California
Here at the Law Offices of Robert J. Nachshin, we won’t let the process of divorce or legal separation diminish your quality of life. In fact, our goal is to make the process as pain-free as possible for our client. Our team is comprised of highly skilled and experienced California divorce attorneys who are easily accessible and readily available to assist a client with dissolution (divorce) proceedings and fight for your rights with a cost conscious and individualized approach. Whether it is protecting a business interest or obtaining custody of the family dog, we are zealous advocates for our clients who will do everything within our power to protect that in which is most important to our clients. We represent clients at all stages of life, for short term to long term marriages, for elder divorce of for separate/community property issues in probate. Robert J. Nachshin has ben certified family law specialist since 1983. This distinction is only given to those most knowledgeable in the field of family law. Our exceptional family law firm is dedicated to serving clients residing in Los Angeles and throughout California.
A divorce, commonly referred to as dissolution of marriage, is an action filed by a married person to end the marital relationship and restore each party to single status. Most couples retain the services of a divorce attorney to handle their negotiations, settlement issues and court appearances. After a marriage is “dissolved,” the marital contract is officially terminated and the parties are then restored to single status, making them legally eligible to remarry.
Uncontested Dissolution (also called “Uncontested Divorce”)
An uncontested divorce is where both spouses are able to reach an agreement on all issues concerning the divorce, including, but not limited to, spousal support, child support, child custody arrangements, and the allocation of marital assets and debts, without the need for a trial. Here, the spouses are in complete control of the terms of their divorce as opposed to a judge having final say over important matters such as custody arrangements or the division of assets. This is usually accomplished with the aid of a mediator or through settlement negotiations between the spouses and their attorney’s.
Once all of the necessary terms have been agreed upon and memorialized in a written agreement, the spouses and their attorneys would sign the agreement and file it (along with other necessary forms) with the Court for approval. More often than not, an uncontested divorce is far more time and cost efficient than the standard litigated divorce.
As a couple dissolves its marriage, it will most often come to an agreement with the terms of spousal and child support, child custody arrangements, and divvying property and assets. If agreed upon, the documents will be filed with the Court. This is called an uncontested dissolution (divorce).
Contested Dissolution (also called “Contested Divorce”)
When a dissolution (divorce) is contested and the parties cannot agree to resolve some or any of the issues in their marriage, such as spousal and/or child support, child custody arrangements, separate property vs. community property determinations and allocation of assets and debts, their case will be assigned to a judicial officer who will decide and adjudicate the contested disputes after numerous hearings and/or evidentiary trials. This is regarded as a contested divorce.
Prior to a court hearing the divorcing couple is required to meet with a court appointed mediator to help them attempt to come to an agreement of those issues in dispute. At the Law Offices of Robert J. Nachshin, all reasonable efforts are made to reach agreements in dissolution matters. However, should it be necessary to have disputes and issues decided in a Family Court, our highly qualified and experienced team of attorneys have a formidable reputation and impressive track record as being aggressive and zealous litigators.
At the Law Offices of Robert J. Nachshin, seeking an annulment in Los Angeles on a client’s behalf is a process that is always carefully and delicately handled. In terms of definition, annulment is a way of terminating a marriage though it is different from divorce and separation. Obtaining an annulment is verification that the marriage was never legally valid, and in the eyes of the Court, is treated as if the marriage never took place. Those who file for a nullity of marriage must have sufficient grounds to do so. Though an annulment is rarely granted there are grounds on which one may be obtained.
Grounds for annulment typically involve one party’s lack of capacity for marriage or some type of fraud. An example would be where a party had another living spouse at the time of the marriage (making the person a bigamist).
Grounds for annulment in California and in many other states, may also involve one party being under the age of consent at the time of the marriage (and no parental consent given). Other grounds may also include being forced or threatened into marriage, mental incapacities at the time of marriage, temporary or permanent insanity, intoxication (drugs or alcohol) at the time of marriage, or one party’s decision to marry being based on fraudulent statements or actions by the other party.
Fraudulent marriage is defined as one of the parties stating he/she never intended to be married, the marriage was sought to deceive the other party, or the marriage was for the purpose of gaining citizenship. Additional grounds may include impotency, incest and failure to consummate the marriage.
In order for an annulment to be considered, the action must be presented to the courts within a specified time period. In some cases, this time period may begin when the party taking action learns of the factor that constitutes grounds for annulment.
The person filing for the nullity of marriage has the burden to prove that one of the conditions for nullity has been met. The court reserves the right to issue orders along with the annulment which may include the division of property, assignment of debts and support and custody. Our superb team of family law attorneys at The Law Offices of Robert J. Nachshin has handled numerous cases involving nullity of marriage. Contact us today.