Oakland Dissolution (Divorce) Lawyers
Divorce (in California, called a "Dissolution") is the termination of a marriage, and is the most common way that a marriage ends.
A Legal Separation is different from a Dissolution. When you're legally separated rather than divorced, it means that certain financial rights and responsibilities, such as your community property status, terminate, though you remain married. This is often preferred by people who have religious or family concerns or want to remain on their spouse's health insurance, though many organizations no longer provide health benefits to legally separated persons.
A Nullity (also known as an "Anullment") is rare, and requires proving that your marriage is void or voidable.
"No Fault" Divorces
California is a "no fault divorce state," meaning that you may be divorced based on irreconcilable differences, and there is no need to show adultery, cruelty, etc. In fact, courts will not take into account the reasons that the divorce ended in most circumstances, unless that information is otherwise relevant to the case. The concept of "no fault divorce" means that if one spouse wants to get divorced, they are entitled to do so, whether or not the other spouse is in agreement.
Community Property
California is a "community property" state. This means that any property acquired, or debt incurred, between the date of marriage and the date of separation (other than property acquired by one spouse via gift or inheritance) is community property or debt, and therefore belongs 50% to each spouse. A premarital or postmarital agreement or other writing may affect whether property is "community" or "separate."
If one spouse is not forthcoming with the information needed to determine assets and debt, we will obtain this information for you through discovery, subpoenas, etc. This is hardest to do in situations where one spouse is self-employed or works "under the table," however forensic experts may be brought in to attempt to prove otherwise illusive financial information when necessary.
At The Law Offices of William H. Bachrach we will ascertain what is community property and debt and what is separate property and debt, and we will help make this clear to the court so that the court may divide the assets and debt fairly.
If you think we may be able to help you with your dissolution of marriage, please call us at (510) 465-1906 or write to us using the form on the left side of this page.
We look forward to hearing from you.