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(510) 351-5345
2777 Alvarado Street, Suite E
San Leandro, CA 94577
2777 Alvarado Street, Suite E
San Leandro, CA 94577
A divorce is a life-altering event. Unlike almost any other legal matter, during a divorce proceeding, emotions are heightened and can lead to poor decisions on the part of both parties involved.
This is when the objective views of an attorney can be your best asset. It’s already overwhelming for you- let us take care of the details and fight for what you deserve. Our experienced staff will arrange every aspect of your divorce agreement, including:
I know your rights and I’ll work to secure your future. Contact us today and let us get to work for you. We’re here to help.
Family lawyers deal with the legal disputes involving family matters, including divorces, legal separations, adoptions, paternity suits, child support, alimony, guardianship, and restraining orders.
A divorce is the legal termination (or dissolution) of a marriage. Divorce law deals with the laws and issues surrounding divorce, including alimony, child support, child visitation, and division of assets. Divorce laws vary by state. There are two types of divorce: Fault and No-Fault. Alternatives to divorce include annulment and legal separation.
For purposes of distributing assets after a divorce, California is a community property state, meaning both the husband and wife equally own all money earned by either one of them from the beginning of the marriage until the date of separation. In addition, all property acquired during the marriage with community money is deemed to be owned equally by both the wife and husband, regardless of who purchased it. The separation date is important in this analysis, as it is the last day when the property is considered “community.” Debts work the same way as assets – any debt accrued during the marriage belongs to both husband and wife equally. Each spouse’s 50 percent ownership interest in community property includes equal rights of management and control.
In community property states, this is the property that is considered separate, i.e. belonging to only one spouse. This usually includes anything owned prior to marriage, inheritances, and anything a spouse earned after the date of separation. Educational loans can also count as “separate” debts, owned by only one spouse.
An uncontested divorce is a proceeding in which a person sued for divorce does not fight it and instead reaches an agreement with the spouse during the proceedings. In these cases, the terms of the divorce are agreed upon by both parties. Uncontested divorces are generally much more amicable and economical than other types of divorce.
A contested divorce is any in which the parties cannot agree upon the terms of the divorce. This can often involve mediators and experts in various disciplines, such as home appraisals, business valuation, and career evaluation.
For purposes of distributing assets after a divorce, California is a community property state. This means that both the husband and wife equally own all money earned by either one of them from the beginning of the marriage until the date of separation. Also, all property acquired during the marriage with community money is deemed to be owned equally by both the wife and husband, regardless of who purchased it. In absence of agreement, sometimes assets are sold and the proceeds are divided by the parties.
A domestic violence restraining order is a piece of paper, signed by a judge, which prohibits an abuser from contacting or coming near you. A domestic violence restraining order is granted by the family law court. A domestic violence restraining order can order an abuser not to contact you, to stay a specified distance from you, your home, school, work or your children’s school, to move out of your home, and to return items of your personal property to you. In general, you can qualify for a domestic violence restraining order if the abuser caused or attempted to cause injury to you or to sexually assault you, or if the abuser threatened to harm you and there is a reason to believe that he or she will carry out those threats.
A legal separation is a finding by a court that the conditions or circumstances of marriage make it intolerable for the parties to live together but that the marriage itself should be maintained. In general, couples who legally separate can either agree to separate voluntarily and draw up a formal agreement or one or both spouses can petition the court for a legal separation. Generally, legal separations may be granted up to one to two years, depending on the state. At any time during the legal separation, either party can ask for a divorce.
A marital settlement agreement spells out the terms of the divorce and the relationship between the two spouses after the divorce. These agreements usually cover property division, child custody and child plans, debt division, spousal support, and any other relevant issues related to the divorce.
An annulment treats a marriage as though it never existed, erasing it from the outset, thus divorce is not necessary. In general, annulments are only granted if the marriage was short and are primarily concerned with marriages built on deception or fraud. Annulments can also be granted where one of both of the parties were minors, or in cases of incest.
Bagner Law, PC opened in 2003 as Law Offices of Vonnah M. Bagner with offices in San Francisco and San Leandro, CA. In 2005, the entire practice was moved to San Leandro.
2777 Alvarado Street, Suite E
San Leandro, CA 94577
Monday-Thursday 8:30am - 5:30pm (PST)
Friday 8:30am - 2:00pm
Weekends and After-Hours by Appointment
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