Family Law Cases (Divorce and Legal Separation)

Divorce. It's not a fun time in one's life, that's for sure. No one enters into a marriage thinking they will be divorced. It's tough no matter which side of the table you are on.

California is a no fault divorce state. This means that one spouse may decide to dissolve the marriage without the consent of the other spouse and that no reason for the divorce needs to be given to the Court in order for the divorce to proceed. The laws of the State of California regarding the division of property, assets, child and spousal support and other issues related to divorces are governed primarily by the California Family Code and related cases and statutes.

We are often asked about the difference between "legal separation" and "dissolution of marriage". Legal separation and dissolution proceedings can both result in Court orders and/or judgments, which divide property, set child and spousal support, and resolve child custody and visitation issues. The primary distinction between legal separation and dissolution proceedings is that in a legal separation proceeding, the Court CANNOT terminate marital status and restore the parties to the status of single persons. Thus, if a spouse has a judgment of legal separation, he/she is not free to remarry. In dissolution proceedings the Court will, upon the request of one or both parties, dissolve the marital status of the parties and restore each party to the status of a single person thus freeing each spouse to remarry if he/she chooses.

The Law Office of Stephen Penn and Associates has about a 50% split representing both men and women between his clients. He doesn't have any preference. His main priority is to get his clients through this difficult time working to get what is fair and legal in the divorce settlement and to do it as quickly as possible.

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