Santa Barbara Divorce Attorney
Contact Santa Barbara Divorce Attorney
No one enters a marriage expecting it to end in divorce, and marital dissolution is often a difficult and emotionally grueling process. We’re here to help! If you are in need of assistance with your divorce contact an experienced Santa Barbara divorce attorney at Drury Pullen Law today for consultation. Call (805) 879-7523 or email us.
Divorce & Legal Separation Attorneys in Santa Barbara, CA
Dissolution of marriage action can be filed by a married person to end the marital relationship between a husband and wife with help of an experienced Santa Barbara divorce attorney at Drury Pullen Law. Along with restoring the parties to single status, the Court can issue orders for child custody custody, support and visitation of the minor children of the marriage, child support, spousal support, and confirm or divide community and separate property assets and debts.
Once an action is filed by a Petitioner, the other party, Respondent, must be personally served with specific paperwork. If the Respondent fails to file the necessary responding paperwork within thirty (30) days of service, the Petitioner may request an entry of default. Once the default is entered, the Petitioner can complete the divorce proceeding without the participation of the Respondent. If the Respondent files the necessary responding paperwork, the case will then proceed as either a contested matter or an uncontested matter. The action is considered contested if the parties are unable to agree on some or all issues and the unresolved issues must be resolved by the California Family Law Court. The action is considered uncontested if the parties are able to cooperate and agree on all issues outside of Court and the matter can proceed to its conclusion by submitting the necessary signed paperwork for the Court’s signature.
Contact Santa Barbara Divorce Attorney
No one enters a marriage expecting it to end in divorce, and marital dissolution is often a difficult and emotionally grueling process. We’re here to help! If you are in need of assistance with your divorce contact an experienced Santa Barbara divorce attorney at Drury Pullen Law today for consultation. Call (805) 879-7523 or email us.
Legal Separation Attorney in Santa Barbara California
This action can be filed by a married person who wishes to maintain the marital status but separate and resolve all of other issues of the marriage.
- The Court can issue orders for custody and visitation of the minor children of the marriage, child support, spousal support, and confirm or award community and separate property assets and debts.
- If the other party, Respondent, responds to the paperwork and requests a dissolution of marriage, the Court will grant the dissolution of marriage.
- Once an action is filed by a Petitioner, the Respondent must be personally served with specific paperwork.
- If the Respondent fails to file the necessary responding paperwork within thirty (30) days of service, the Petitioner may request an entry of default.
- Once the default is entered, the Petitioner can complete the legal separation proceeding without the participation of the Respondent.
- If the Respondent files the necessary responding paperwork, the case will then proceed as either a contested matter or an uncontested matter.
- The action is considered contested if the parties are unable to agree on some or all issues and the unresolved issues must be resolved by the Court.
- The action is considered uncontested if the parties are able to cooperate and agree on all issues outside of Court and the matter can proceed to its conclusion by submitting the necessary signed paperwork for the Court’s signature.
Uncontested Divorce
Uncontested divorce is not for everyone. There are two things that can occur to make divorce considered “uncontested.”
- If you and your spouse agree on how to handle property, money and parenting issues
- or your spouse does not disagree with you on your requests and is not likely to file forms in court saying so.
If you are in a serious domestic violence or child abuse case or those where one spouse is hiding assets or diverting income, uncontested divorce is not the best route. Uncontested cases do not require the courts involvement and can be handled by mail or by brief contact with the judge but it will become “contested” when you and your spouse disagree on one or more issues. Your spouse will need to file a Response to your Petition stating that he or she disagrees and from there, it will be up to you to schedule a hearing or a trial date so the judge can hear both sides and resolve the disagreement. A case can start off as contested and then become uncontested or vice versa. In any situation, it’s best to consult with an experienced family attorney who can help you with your specific case since each case is unique.
Whether you have an uncontested divorce or a contested divorce, the process involves the court because getting married is a binding legal action and ending it requires the same process. Additionally, you cannot re-marry until you have the official judgment from the court that dissolves your marriage. There are a lot of forms and the process can be complicated, make sure to consult an experienced divorce lawyer who can help you.
Contact Santa Barbara Divorce Lawyer
No one enters a marriage expecting it to end in divorce, and marital dissolution is often a difficult and emotionally grueling process. We’re here to help! If you are in need of assistance with your divorce contact an experienced Santa Barbara divorce lawyer at Drury Pullen Law today for consultation. Call (805) 879-7523 or email us.
What is Summary Dissolution
This action can be used by a married couple to end the marriage. This action is limited and can only be used by a married couple which meets the following requirements:
- The parties have been married less than five (5) years as of the date the action is filed.
- There are no children together born before or during the marriage, including by adoption, and the Wife, to her knowledge, is not pregnant as of the date the action is filed.
- Neither party has any interest/ownership in real estate.
The married couple jointly signs the necessary paperwork and the originals are filed with the Court. After waiting six (6) months, either party can file the document requesting that the marriage be ended.
Nullity Of Marriage
This action can be filed by a married person to restore the parties to the status of unmarried persons, as if they were never married. Certain conditions must be met before the Court will consider the marriage as void or voidable. Regardless of how the case proceeds, the Petitioner, the person who initiated the case, will have the burden to prove to the Court that one of the conditions for nullity has been met before the Court will grant the nullity of marriage. The Court can also issue orders regarding property and debt division, custody and support.
Contact an expert Santa Barbara Divorce Attorney for Family Law Matters
If you are considering a divorce contact an experienced Santa Barbara divorce attorney at Drury Pullen Law today for consultation.Call (805) 879-7523 or click here to email us and have a divorce attorney contact you about your case.
Contact Santa Barbara Divorce Lawyer
No one enters a marriage expecting it to end in divorce, and marital dissolution is often a difficult and emotionally grueling process. We’re here to help! If you are in need of assistance with your divorce contact an experienced Santa Barbara family law lawyer at Drury Pullen Law today for consultation. Call (805) 879-7523 or email us.