Best Divorce & Separation Lawyers in Fresno

About Divorce & Separation Law in Fresno, United States

Divorce and separation laws in Fresno, California, are governed primarily by state law, though certain procedures are handled at the county level. If you are considering ending your marriage or domestic partnership, you will process your case through the Fresno County Superior Court. The court oversees matters such as the division of assets and debts, child custody and visitation, child and spousal support, and the formal dissolution of the marriage or partnership. While California is a “no fault” divorce state, meaning neither party has to prove wrongdoing for a divorce to be granted, navigating the process can still be complex. Understanding your rights and obligations is crucial during this significant life transition.

Why You May Need a Lawyer

While some people manage simple divorces on their own, many find they need legal assistance, especially when significant assets, children, or complex circumstances are involved. Here are some common situations where a lawyer’s help is important:

• Disagreements about child custody or visitation schedules
• Concerns over child or spousal support amounts
• Complex financial assets, retirement accounts, or debts to divide
• Accusations of domestic violence or abuse
• Uncertainty about your rights and responsibilities
• Concerns about your spouse hiding assets
• Need for modifications to previous divorce judgments
• Cases involving one spouse living out of state or country

Even in amicable cases, consulting with a legal professional can ensure your agreements are equitable and legally enforceable.

Local Laws Overview

Fresno follows the divorce and separation laws set by the State of California. Here are some key points:

• No Fault Divorce: Neither spouse needs to prove the other was at fault. Common reasons cited are “irreconcilable differences.”
• Residency Requirement: To file for divorce in Fresno, at least one spouse must have lived in California for at least six months and in Fresno County for at least three months.
• Property Division: California is a community property state, which generally means assets and debts acquired during the marriage are divided equally.
• Child Custody: The court’s primary consideration is the best interests of the child, including their health, safety, and welfare.
• Support: Child and spousal support are determined by state guidelines, considering income, standard of living, and caregiving arrangements.
• Waiting Period: The minimum waiting period for a divorce to be finalized in California is six months from the date the petition is served.

Local court procedures, forms, and mediator resources may vary, so it is important to consult the Fresno County Superior Court for current information.

Frequently Asked Questions

What are the grounds for divorce in Fresno, California?

California allows for “no fault” divorce, which means that you can file for divorce due to irreconcilable differences or permanent legal incapacity to make decisions.

How long do I have to live in Fresno before I can file for divorce?

You or your spouse must have lived in California for at least six months and in Fresno County for at least three months before filing.

Do I need to prove my spouse did something wrong to get a divorce?

No. In California, no blame needs to be assigned for the marriage to end. Either spouse can initiate the divorce process.

How is property divided during a divorce?

Generally, any assets or debts acquired during the marriage are considered community property and are divided equally. Separate property, such as assets owned before the marriage or received by gift or inheritance, is not usually divided.

How does the court decide child custody?

The court prioritizes the child’s best interests, considering factors like safety, health, stability, and the relationship each parent has with the child.

What is the difference between legal separation and divorce?

Legal separation does not end the marriage but allows spouses to live apart and settle financial and parenting issues. Divorce legally ends the marriage.

How long does a divorce take in Fresno?

The minimum waiting period is six months from the date the petition is served, though the actual time may be longer depending on the complexity and level of agreement between parties.

Can I get spousal support?

Depending on the circumstances, one spouse may be ordered to pay spousal support (alimony) based on need, ability to pay, length of the marriage, and other factors.

Do we need to go to court?

Not always. Many divorces are resolved through agreement, mediation, or collaborative law. However, unresolved disputes often require a court hearing.

What if my spouse does not want to get divorced?

One spouse cannot prevent a divorce. If proper procedures are followed, the court can grant a divorce even if one party does not participate.

Additional Resources

There are several local and statewide resources available to assist you in the divorce and separation process:

• Fresno County Superior Court Family Law Division - Provides forms, filing information, and case guidance
• Fresno Superior Court Family Law Facilitator’s Office - Offers free legal help on family law issues, including divorce, custody, and support
• California Courts’ Self-Help Center - Offers comprehensive information on divorce and legal separation statewide
• Central California Legal Services - Provides low-cost or free legal aid for eligible individuals
• Local mediation and counseling services - Can help resolve issues outside court and provide support during the transition

Next Steps

If you are considering divorce or separation in Fresno, here are suggested steps to take:

• Gather important documents such as marriage certificates, financial records, and property information
• Consult with a family law attorney to discuss your options and rights
• Visit the Fresno County Superior Court website or Family Law Division for current forms and requirements
• Seek guidance from the local Family Law Facilitator for free legal information
• Consider mediation or counseling services if you and your spouse are open to negotiating terms outside of court
• File the necessary paperwork and ensure all legal notices are properly served
• Follow court instructions and attend required hearings, if necessary

Being informed and prepared will help you navigate the divorce or separation process more smoothly and protect your interests. If you have questions or concerns, do not hesitate to reach out to a qualified family law attorney or one of the listed local resources.