California Divorce Law Doctrine
No-Fault Divorce Doctrine
When I was facing divorce, a family law attorney friend of mine took me out to lunch and counseled me. He said that I would be best served to look at my divorce as if it were a company with two business partners that was being closed down. At first this struck me as a rather cold perspective, but when I actually let myself look at the end of my marriage estate in this way it really helped me drop all the drama and emotional wrangling that was clouding my head about the whole thing.
Understanding how volatile, messy and extreme domestic confrontation can be, California family law doctrine has opted to make marital dissolution as black and white as is possible. They have accomplished this first by declaring California a "no-fault" divorce State. This means that arguing about who may have "caused" the divorce has no bearing on how it will be settled at law. This doctrine has saved the family court system in California countless dollars and precious time, because the court system is not being weighted down adjudicating a divorce where spousal arguments over fault must be considered when determining outcome.
Of course, the flip side of this is that many married individuals facing divorce feel that the system is not fair when one supposedly perpetrating spouse is perceived to have created the singular "rupture" that the "victimed" spouse sees as having actually led to the divorce. No one system will meet all needs – and life isn’t always fair, but the important thing to remember here is that any party that focuses on finding "fault" in a "no-fault" State, may get very frustrated. At Go Divorce Clinic, we help our divorcing clients put their attention toward the actual issues that need their understanding and attention, and sidestep the blame and drama that can lead to cases that drag on for years.
50%-50% Community Property Doctrine
The second significant family law doctrine California embraces is that all community property and debt (see our page on property for definitions) is 50%-50% owned by the husband and wife during the marriage. Dividing up assets and debts to dissolve a marriage right down the middle often requires some creative strategies. Attorney’s often refer to this process as "splitting the baby", because on paper, and in theory, it sounds pretty cut and dry to divide everything 50-50. However people’s personal lives do not always divide so easily into perfectly portioned halves.
The "Uncontested Divorce" Alternative
Ultimately, California divorce law doctrine makes it easier for divorcing couples to discuss their issues and settle them outside of court hearings where a judge would have to decide the matter. Couples that can co-create their own agreement mitigate the necessity for legal representation. This means that with our skilled divorce facilitation and communication assistance, every divorcing couple can save thousands of dollars and time utilizing the services of Go Divorce Clinic to help them settle their own marital estate, instead of paying to contract litigating attorneys to represent them in court, and turning very important life choices over to the ruling of a family court judge. You do have an alternative to traditional contested divorce services; call Go Divorce Clinic today and keep control over the important choices that will affect the rest of your life after your divorce.
To schedule a meeting contact GDC at 707-978-6886 or Email.
"Robert Revel, owner of Go Divorce Clinic makes the dreadful process of divorce as painless as possible. With his unique approach and competence in the divorce process he will guide you through your divorce with compassion and sincerity.
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