Divorce Lawyer Keith Holloway Advising Clients on Steps Involved in Filing for Divorce
When a marriage comes to an end, it can be a challenging process for all involved. However, it’s important for both parties to fully understand the processes within a divorce in order to ensure that their obligations and personal needs are met within the applicable legal framework. Divorce lawyer Keith Holloway has many decades of experience guiding clients through the challenging divorce process in California. Here, he outlines the steps involved in the process, with the hope that clients will achieve a peaceful resolution and a promising future.
1) Decide on the Type of Divorce You’d Prefer
There are two specific types of divorces: those that are amicable and those in which there are specific disagreements that require further work and expertise to resolve. For those who have been married less than 5 years and have agreed amicably to a divorce, the simple solution is to apply for a summary dissolution with the California courts. Those who have been married for more than 5 years may file for an uncontested divorce. For those who disagree on the terms of a divorce, they must file a contested case and hire a legal representative to ensure that their rights are protected in any future agreement.
2) Divide Assets
The division of assets is often the most acrimonious element of the divorce process. The client’s divorce lawyer will explain to them the various rules and regulations regarding this process. But there are some basic elements to understand. In regards to property, every item purchased jointly will be considered a community asset. However, parties can file for exemption for certain assets through their lawyer. All property issues are resolved through the use of a marital settlement agreement if both parties agree to a mediated settlement. If parties disagree, a courtroom judge will decide on the owner of the asset through a final dissolution order.
As part of the asset division process, court judges will review any outstanding debts. These debts are divided between everyday living expenses, which can be assigned to either spouse by the judge, or non-essential expenses, which the judge will likely assign to the person that incurred the debt.
3) Establish Custody Agreements
Within courtroom divorce proceedings, a judge will consider the best interests of the child when devising custody agreements. The judge in the divorce case will review each person’s current living arrangements and decide how best to ensure that the child’s life is as consistent as possible with their life during the marriage. Sometimes a judge will order a mediation process through which the couple and their lawyers come to an agreement on child custody arrangements. Should mediation fail, a 730 evaluation, or custody investigation may begin to ascertain the best living environment for the future of the child.
Throughout the entire divorce process, it’s imperative to have access to a qualified lawyer. Clients across Bexar County and San Antonio can now reduce the challenges and anxiety of the divorce process by working directly with divorce attorney Keith Holloway. To learn more about Keith Holloway and his services, contact his offices directly. Appointments are now available for all clientele.