California Divorce Law
Work with a strong, sensitive divorce lawyer in Torrance
Attorney Judith Wolfsen understands the emotionally and legally complex issues that are involved in marital discord and Torrance divorce process. She supports you in making the best legal decisions for yourself and your family.
Domestic violence
Though many divorces are caused by emotional estrangement or infidelity, some marriage dissolutions begin with instances of spousal abuse. According to California penal law, actions for domestic violence do not require actual physical contact:
- Abuse means intentionally or recklessly causing or attempting to cause bodily injury, or placing another person in reasonable apprehension of imminent serious bodily injury… [CPC Sect. 13700 (a)]
- Domestic violence means abuse committed against…a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship… [CPC Sect. 13700 (b)]
Note that a reasonable apprehension of harm is sufficient cause to pursue a civil action. When you are feeling physically threatened by your spouse or domestic partner, family lawyer Judith Wolfsen works with you to promptly file a civil restraining order for your personal safety. To speak to a team of highly qualified divorce attorneys in Torrance, contact Wolfsen & Wolfsen today.
Legal separation
Though similar to a divorce, a legal separation does not legally dissolve marital status. There are various reasons that people may prefer a divorce separation in Torrance:
- Religious convictions against divorce
- Ability to retain shared medical insurance
- Unwillingness to permanently sever the relationship
Sometimes a legal separation is used by couples who do not meet California's pre-filing residency requirements for divorce:
- One of the parties must have lived in the state for six months
- That party must have lived in the particular county for three months
California also has a mandatory six-month waiting period for filing divorce in Torrance. However, a legal separation does not have residency requirements, and can be used to satisfy the six-month waiting period while the residency requirements for a divorce are simultaneously satisfied. Family lawyer Judith Wolfsen talks to you about all the pros and cons of a legal separation.
Torrance divorce laws
The grounds for divorcing in Torrance, California are very simple, while the division of property can be extremely complicated. Torrance divorce lawyer Judith Wolfsen helps you understand both.
Grounds for divorce
The grounds for divorce in California are the following:
- Irreconcilable differences
- Incurable insanity of either spouse
Irreconcilable differences are by far the most common grounds for a California divorce. Under Torrance divorce law, you do not have to prove abuse, adultery, or any other distressing circumstance. You may be able to receive a summary dissolution and receive your divorce very quickly if the following is true:
- There are few marital assets
- You have been married for less than five years
- There are no children from the marriage
However, if you do have children from the marriage—
- The six-month waiting period is required
- Child custody and support must first be resolved
Judith Wolfsen is a divorce attorney in Torrance who gives you a clear understanding of the timetable for your marriage dissolution.
Division of marital property
California is a community property state. The court views almost all property and assets of the marriage as equally shared, regardless of which party made the larger financial contribution. The definitions of separate property are complex, and intense negotiation is often required to establish what is rightfully yours. Judith Wolfsen is skilled and experienced in working out settlement solutions, mediation, filing for divorce, and helping to ensure that you and your spouse can present a mutually satisfying property agreement to the divorce court.
