Month: August 2024

Infidelity can have a significant impact on a marriage. The betrayal of trust can be something that causes irreparable damage to the marriage, often leading to divorce. But how does adultery affect a divorce in California?

No doubt, adding adultery to an already complex and emotional process can make things even more challenging. This article will help you understand how adultery impacts divorce proceedings in California to help those seeking divorce in California navigate the process.

California: A No-Fault Divorce State

California is a no-fault divorce state. That means neither spouse has to prove misconduct on the part of the other. No-fault divorces allow you to get a divorce based on the grounds of “irreconcilable differences.”

Unlike at-fault divorces, no-fault divorces are typically more straightforward and finalized quicker because one spouse doesn’t have to get evidence of wrongdoing on the part of their spouse. Also, since there are no misconduct allegations, there’s less chance of things becoming malicious in court.

Effects of Adultery on Your Divorce Settlement

Although the no-fault route is quicker, it’s still possible that you could still use adultery as leverage. Here are some ways that your divorce settlement could be affected by adultery.

Distribution of Assets

The court in California must approve all divorce plans, including the distribution of assets and debts. If you can prove your spouse used marital funds to fund their affair, the court can move assets from one person to the other (CA Fam Code, Division 7, Division of Property).

Child Custody

When deciding child custody, California courts will determine what is in the “best interest of the child.” When adultery is added to the circumstances, it could prove that one parent is a better fit for primary custody, while the person who had an affair could end up only with visitation rights (CA Fam Code, Division 8, Child Custody).

The court will evaluate factors such as each parent’s ability to provide a stable environment, the relationship the child has with each parent, and any history of domestic violence or substance abuse. If the extramarital relationship negatively impacts their ability to care for their child, the court may consider this in their custody decision.

Spousal Support

While a judge cannot award a spouse spousal support because the other cheated, infidelity can affect alimony if the cheating spouse moved in with their new partner during the divorce. The spouse having an affair can also be held responsible for damages if they brought home an STI (sexually transmitted infection) or if their spouse requires mental healthcare because of the affair and cannot afford it.

Regardless, the court will only award spousal support if one spouse needs financial support to enjoy the same quality of life they had during the marriage. Alimony will rarely be awarded if the judge believes both spouses will be in the same or similar financial situations after the divorce.

Emotional and Psychological Impact

Even though adultery isn’t penalized in California, the emotional and psychological impact on individuals involved can be profound. When a spouse finds out they’re being cheated on, it can lead to feelings of anger, betrayal, and sadness. These emotions can make it more difficult to reach amicable agreements and increase the likelihood that the divorce process will be drawn out.

Mediation and Collaborative Divorce

Couples dealing with adultery may find that alternative methods, such as mediation and collaborative divorce, can be an effective solution. These methods can be less adversarial and more cost-effective, allowing couples to maintain more control over the outcome of their divorce and reduce the emotional strain of a litigated divorce.

• Mediation involves a neutral third-party mediator who helps the couple negotiate and reach a mutually acceptable agreement. During mediation, your attorney will likely have minimal involvement and will not participate in negotiations but will be able to review the final agreement before it’s filed.
• Collaborative divorce involves the couple and their respective attorneys working together to resolve issues amicably without going to court.

Turn to Azemika & Azemika for Knowledgeable, Aggressive Representation for Your Divorce

Although adultery doesn’t carry legal penalties in California, it can still be emotionally devastating. Understanding the legal framework and how adultery can affect your divorce in California can empower you to make informed decisions and seek the support you need during this time.

At Azemika & Azemika, we focus solely on family law. This allows us to use our over 64 years of combined experience to help clients through this difficult time. We have successfully handled some of the most difficult high-asset family law cases in Kern County and can help you.

Contact us today for a consultation.

While timelines for a California divorce vary, it typically takes about six months. However, many take longer than a year. Most divorcing couples want to move on with their lives. When a couple needs to start living as if they are single while their divorce is still pending, a bifurcated divorce is a solution.

Bifurcated divorce allows certain issues to be resolved separately and potentially more quickly than others. This article will explore bifurcated divorce, how it works in California, and the pros and cons of choosing this path.

What is Bifurcated Divorce in California?

A bifurcated divorce allows for a dissolution of marriage to be fast-tracked while other issues of the divorce are resolved. California Family Code Section 2337 addresses bifurcated divorce, allowing a divorce to be separated into two separate parts.

• First, the dissolution of the marriage is addressed. The court can enter a judgment that returns each party to the legal status of single. Because of this, bifurcated divorce is sometimes referred to as a status-only dissolution.
• Second, the issues of property division, child custody and visitation, and spousal support are addressed.

How Does Bifurcated Divorce Work in California?

There is a basic process for getting a bifurcated divorce in California, which we describe below. However, it is recommended that you retain the services of a qualified Bakersfield divorce attorney, as bifurcation can be challenging.

Waiting Period

There is a six-month waiting period from the date the Petition of Dissolution of Marriage is served to file for a bifurcated divorce in California. This time allows the couple to reconsider their decision, decide if reconciliation is possible, and give them the chance to work out the details of the divorce.

Declaration of Disclosure

You must file and serve the Declaration of Disclosure before the court will consider a bifurcation. This document is required for all divorces. It lists the petitioner’s (the person requesting the divorce) assets, debts, income expenses, properties, and other financial information.

Appearance in Court

After the motion for bifurcation and Declaration of Disclosure are filed, you and your attorney will appear in court. At this time, the court will determine if they will grant your request.

If your request is granted, conditions may be imposed on you to protect your spouse from negative consequences of the bifurcation. Conditions may include retaining medical insurance for your spouse and holding them harmless if the bifurcation results in your loss of rights such as social security or retirement benefits, probate homestead, etc.

Pros and Cons of Bifurcated Divorce

As with anything, there are advantages and disadvantages of a bifurcated divorce. Let’s take a look at each.

Pros of Bifurcated Divorce

• Quicker Termination of Marital Status — One of the primary benefits of bifurcation is that it allows for a quicker end to the marriage. This can be crucial for individuals who wish to remarry or simply move on with their lives without the legal constraints of being married.
• Emotional Closure — For many, obtaining a legal divorce can provide emotional closure and a sense of moving forward, even if other issues remain unresolved. It can be a significant step in the healing process after a separation.
• Reduction of Conflict — In some cases, separating marital status from other contentious issues can reduce overall conflict. Resolving one aspect of the divorce may make it easier to negotiate and settle the remaining issues.
• Financial Benefits — If one party is entitled to benefits such as health insurance contingent on marital status, bifurcation can allow the other party to move on financially while still receiving these benefits during the pending litigation.

Cons of Bifurcated Divorce

• Complexity and Cost — Bifurcated divorces can be more complex and expensive than standard divorces. Because the process involves multiple legal proceedings, it can lead to increased attorney fees and court costs.
• Prolonged Litigation — While bifurcation can quickly end the marriage, it does not resolve all issues. This can result in prolonged litigation, as parties must still negotiate or litigate remaining matters such as property division, custody, and support.
• Increased Stress — For some, the bifurcation process can be stressful, as it may involve multiple court appearances and continued legal battles over unresolved issues. This can add to the emotional toll of the divorce process.
• Potential Unfairness — In certain situations, one party may feel that bifurcation is unfair, particularly if they believe it is being used as a tactic to gain an advantage in other divorce-related matters. This can lead to feelings of resentment and mistrust, further complicating negotiations.

Still Have Questions? Azemika & Azemika Can Help

A bifurcated divorce can be an excellent option for California couples who wish to legally declare themselves single while waiting for the divorce process to finalize. By understanding the pros and cons, you can make an informed decision about whether this option suits your situation. As with any legal matter, seeking the guidance of an experienced divorce attorney is essential.

At Azemika & Azemika, our practice deals exclusively with family law cases, which allows us to efficiently handle cases involving divorce, dissolution of domestic partnerships, child custody, visitation, child and spousal support, and paternity. With over 64 combined years of experience handling family law cases, you can rest assured knowing that our team will provide the aggressive, knowledgeable, and affordable representation you deserve.

Contact us today for a consultation.

Divorce is never an easy decision, but once you’ve decided your marriage is over, couples typically want the process to be as quick as possible. Many factors, such as the circumstances surrounding the divorce and certain legal requirements, can determine how long the divorce process will take in California.

There are several ways to expedite a divorce in California, but it can take careful planning, understanding the laws, and patience. This article will serve as a comprehensive guide on how to get a fast divorce in California.

Understanding California Divorce Laws

Before proceeding with the steps for a fast divorce, it’s essential to understand the basics of California divorce laws. California is a “no-fault” divorce state, which means neither spouse has to prove wrongdoing to get a divorce. “Irreconcilable differences” or “incurable insanity” are the only grounds for divorce in California.

Residency Requirements

Before filing for divorce in California, it’s essential to ensure you meet the residency requirements. One spouse must have lived in California for at least six months before filing the divorce petition, and the petitioner must also have resided for at least three months in the county where they are filing.

Waiting Period

After the date the spouse was served papers, California has a mandatory six-month waiting period before a California divorce can be finalized (California Family Code §2339). While the waiting period can be increased for good causes, it cannot be shortened. This time allows the couple to reconsider the divorce.

Methods of Divorce in California

While in the waiting period, there are some things you can do to help speed up the process after the required six months are over.

1. Uncontested Divorce

Settling divorce-related issues can significantly extend the timeline for your divorce if you and your spouse can’t agree. When you can agree on property division, child support, and alimony (an uncontested divorce), the timeline can be reduced because it avoids litigation.

2. Collaborative Divorce

A collaborative divorce is similar to an uncontested divorce, as you collaborate with your spouse to agree on issues without going to trial. However, with a collaborative divorce, your and your spouse’s lawyers are part of the negotiations. Having the lawyers present can help both parties feel the settlement is fair.

3. Mediation

Mediation is another option. During mediation, you and your spouse will work with a neutral third party to determine how issues will be settled. The mediator will help communicate between you and your spouse so that you can each voice your wishes and needs.

4. Summary Dissolution

A summary dissolution is easier than a regular divorce, but you must still wait six months. However, there are criteria that you must meet to be eligible.

• You’ve been married less than five years.
• There are no children (biological or adopted) under 18, and no one is currently pregnant.
• You don’t own a home
• Assets of less than $47,000 and debts of less than $6,000
• Alimony isn’t involved
• You agree on the division of marital property

Tips to Speed Up the Divorce Process

• Stay Organized — Keep track of all documents, deadlines, and court dates. Being organized can prevent unnecessary delays.
• Communicate Effectively — Open and honest communication with your spouse can help resolve issues quickly.
• Be Flexible — Be willing to compromise and remain flexible during negotiations. Rigid stances on minor issues can lead to prolonged disputes and delays.
• Set Clear Deadlines — Agree on deadlines with your spouse for each process step. Setting and sticking to a timeline can keep things moving forward efficiently.
• Prioritize Key Issues — Focus on resolving the most critical issues, such as child custody and support, property division, and spousal support. Once these major issues are settled, the rest of the process can proceed more smoothly.
• Avoid Emotional Confrontations — Emotional confrontations can slow the process and lead to more contentious disputes. Try to keep emotions in check and approach discussions calmly and rationally.

Expediting Divorce

Sometimes, if extenuating circumstances are present, the courts may accelerate the divorce process. One instance is in the case of domestic violence. If you feel your or your children’s safety is in danger, the court may prioritize your safety by expediting the proceedings.

Turn to Azemika & Azemika for Comprehensive Representation of Your Divorce

Although you can’t expedite a divorce in California, there are ways to get one. It requires effort and cooperation but is entirely achievable with the right approach. Divorce is unique, so make these steps fit your situation for the best results. By following this guide, you can navigate the complexities of divorce more efficiently and move forward with your life.

At Azemika & Azemika, we specialize in family law and understand that each case is unique. Our dedicated team will work to protect your interests, financial stability, and the well-being of you and your family. We set our clients on a better post-divorce future by focusing on family matters through sound legal planning.

Contact us today for a consultation.