Fresno Divorce Law

Miller & Ayala, LLP represents individuals in divorce and separation matters in Fresno, the San Joaquin Valley, and the Central Valley. Our attorneys recognize that going through a divorce is an emotional experience. Understanding key elements of divorce law in Fresno can ease fears and lessen confusion.

• Grounds for divorce – Under California law filing for divorce is permissible under two conditions: irreconcilable differences or incurable insanity.
• Residency requirement – Fresno divorce laws dictate that at least one spouse must be a resident of the state for 6 months and of the local county for 3 months.
• Waiting period – In California a 6-month waiting period exists between the time of filing and the finalization of a divorce.
• Division of assets – California is a community property state meaning that assets accumulated during the time of the marriage will be divided equally unless another arrangement is agreed to by spouses.
• Child custody – If the parents cannot decide who will retain custody of the children, divorce laws in Fresno dictate that the courts make the decision while keeping the best interests of the children in mind.
• Spousal support – Not every couple is required to pay spousal support. In order to determine payment amounts the court considers details about a couple’s education, work history, and the marriage. Payments may be temporary or long-term.

Fresno collaborative divorce

Ending a marriage is a major decision with lasting consequences. A collaborative divorce is an amicable alternative to the long and arduous process of a traditional contested divorce. Through open communication spouses negotiate terms and find solutions that everyone can agree on.

Legal representation in a collaborative divorce is also guided by principles of team problem solving. A team of specialists is consulted about such things as financial issues and childhood development when there are children involved. Attorneys work together with clients to generate solutions informed by full and free disclosure. However, in accordance with Fresno collaborative law if either spouse decides to pursue litigation at some point during the process, both lawyers pledge to withdraw and allow another attorney to provide representation.

With all that is involved in the divorce process, hiring a skilled divorce attorney is important. At Miller & Ayala, LLP we have extensive experience with Fresno collaborative family law including mediations, negotiations, and litigation.

To learn more about divorce law in Fresno or to schedule a free consultation, call us at 888-406-1472 or use our email form and contact us today!