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What Are the Divorce Options in Carlsbad

On Behalf of | Jul 25, 2020 | Divorce

What are the divorce options in Carlsbad?  What do I need to know about the legal vehicles to end a marriage in North County?  Divorces in Carlsbad primarily come in two types: A summary dissolution or a divorce.  There is somewhat of a third option known as a legal separation.  Which is best for your unique circumstances?

The first of the divorce options in Carlsbad is a “Summary Dissolution.” You can only obtain this type of divorce if you have been married for fewer than five years and have no children (and no child custody issues).  The parties can owe no more than $4,000 in combined debt and must have a signed agreement dividing the debts.  In a summary dissolution the parties cannot own any real estate and must  own less than $32,000 worth of property acquired during the marriage.  Neither party may own more than $32,000 of separate property (property which was owned prior to the marriage).  The parties must also agree that neither spouse will ever receive spousal support,  Also, one spouse must have lived in California for at least six months before filing for divorce and have lived 3 months in the County where the spouse is filing.

The second of the divorce options in Carlsbad is a standard or “regular” divorce. This is the type of divorce which almost everyone falls under.

There is a third option known as a “Legal Separation.”  Both spouses must agree to the legal separation.  If not, they must file for divorce.  A legal separation essentially leaves the marriage intact,  however, all the issues associated under a regular divorce must be addressed in the separation agreement.   Legal separations allow health insurance to continue in the event one of the spouses is facing a substantial medical challenge.  This is also a good option for those who require the tax advantages of filing jointly, or for those with specific religious beliefs.  Some couples choose this option simply with the hope that a reconciliation may be possible in the future.

Which of the divorce options in Carlsbad is best for you?  Get sound advice and counsel and develop a strategy which will protect your goals and objectives. We invite you to contact us or call 760-389-3927 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.