Family Law in Napa
At Murphy, Logan & Bardwell, PLC we understand that going through a divorce can be an emotional ordeal and that having an attorney who cares about the client's welfare provides clients with a tremendous sense of relief and security. Our goal is to make the transition from a spousal or domestic partnership to dissolution as expeditious and seamless as possible.
We handle a diverse array of marital dissolution matters, including:
- Child support
- Child custody
- Spousal/partner support
- Modification of support
- Name changes
- Dissolutions involving significant assets or complex property division
California Marital Dissolution Laws
California is a community property state, which generally means that the property that is acquired during the marriage will be divided equally by the court if the parties are unable to decide on an agreement. To see the statute regarding the division of community property assets, please see California Family Code Section 2550. However, according to Family Code Section 2601, the court may award one party a community property asset if it finds that doing so would alleviate the economic burden for the spouse or partner who is less financially stable.
Numerous considerations must be made before determining how property and assets will be divided at the time of divorce or dissolution. These include when the property or debt was acquired, what the monetary value of assets and debts are, and whether children are involved. Additionally, California is a "no-fault" divorce state, meaning that if a spouse wants to terminate the marriage, he or she can do so based on the claim of "irreconcilable differences" even if the other spouse disagrees. To see the different grounds for marital dissolution in California, please see Family Code Section 2310.
Individuals should also be aware that according to Family Code Section 2339, subdivision (a), it takes a minimum of six months from the date the spouse was served with marital dissolution papers to have the marital relationship officially terminated.
For experienced and knowledgeable legal advice regarding a divorce or marital dissolution, contact Murphy, Logan & Bardwell today for a consultation.