Sacramento Divorce Attorney | Law Offices of Edward Misleh

Sacramento Attorney Location

Sacramento Attorney Edward Misleh’s office is located at 615 Tenth Street, Sacramento, California. The office represents clients who live or work in Sacramento, California, Northern California, and throughout the United States.

Family Law

California family law is an area of the law that deals with family matters and domestic relations. The most common family law issue handled by Sacramento Lawyer Edward Misleh is the filing of a dissolution of marriage; otherwise known as divorce. Other family law matters handled by our firm include child custody, child support, spousal support, division of property (including retirement accounts), guardianship, conservatorship, adoption, grandparent’s rights, estate planning, and probate matters.

For more information about family law, click on the following link: Family Law

Starting Your Divorce

You start your divorce by filing a petition stating certain facts about your marriage. The divorce petition will contain the following information: your date of marriage, date of separation, the number of years married, the number of children you have, and the age and birth date of each child. During your divorce there are five areas which can be addressed, they are: your divorce, child custody, child support, spousal support (alimony), and division of marital property.

For more information about divorce, click on the following link: Divorce

Divorce Issues

Your divorce can be a very stressful and difficult undertaking should you not understand what is at stake. You should hire an attorney if you feel that you will need guidance and support in the handling of your divorce. Your attorney will not only help you with the legal aspects of your divorce but can give you insight on how to deal with a difficult spouse. If there are children involved, your attorney may be able to help you better understand what needs to happen to help minimize the effects on your children. Should you have substantial assets or have a business, you will most likely need an attorney to help you determine your interest.

For more information about divorce, click on the following link: Divorce

Divorce Agreements

You may be able to communicate with your spouse and be able to agree on some, if not all, issues. By doing so, you will minimize the stress associated with a divorce and will save a great deal of money and time that may be spent on an attorney. If you and your spouse cannot agree, you may need an attorney to help you and your spouse reach a compromise. Should you and your spouse not be able to reach a compromise, you will most likely be going to court to have a judge make decisions about your divorce.

For more information about divorce, click on the following link: Divorce

Divorce Marital Settlement Agreement (MSA)

At some point, you and your attorney will discuss a marital settlement agreement (MSA). Your marital settlement agreements is a crucial part of your divorce case. It is written by an attorney and addresses all issues related to your divorce. These issues can be: your actual divorce, child custody, child support, spousal support, and division of marital property. The purpose of a marital settlement agreement is to memorialize all agreements that you and your spouse have reached. Often, you and your spouse can mutually reach an agreement without going to court. Should you be able to do so, you will avoid unnecessary attorney fees and keep your divorce private and experience less stress. When this is not possible, your case will go before a judge who will make final decisions.

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Legal Separation and Divorce

A legal separation is not a divorce because, unlike a divorce, you cannot remarry. Legally, you remain “married” but you are no longer part of a “community.” Spouses often file for a legal separation for religious reasons, insurance coverage, or tax purposes. In a legal separation, a court will still divide your marital property and issue orders relating to child custody, visitation, child support, spousal support, and, if necessary, a restraining order. There is no residency requirement to file for legal separation. You can get a legal separation without having lived in California for six months or your county for three months before filing.

For more information about legal separation, click on the following link: Legal Separation

Annulment and Divorce

An annulment is a court ruling that your marriage never existed. If you were a minor who married without the consent of your parents or guardian, or if there was fraud or deceit, you should file for an annulment. An annulment returns you to single status as if the marriage never existed. It also affects a spouse ability to collect spousal support and their interest in any marital asset.

For more information about annulment, click on the following link: California Legal Separation

Prenuptial and Posnuptial Agreements in Divorce

In California, couples can enter into prenuptial agreements (prenups) and postnuptial agreements (postnups). Your prenup or postnup are both contracts that characterize the assets you own and possible payments of support. You enter into a prenup before marriage and a postnup during marriage. Both documents require specific language and “disclaimers” to be enforceable. In either document you can characterize any property you own as either community property orseparate property.

For more information about prenups and postnups, click on the following link: Divorce

Cohabitation Rights

You can file for your interest in any property that you and your partner acquired during cohabitation. Partners prove that they have an interest in property by an oral or written agreement. The property at issue is often divided giving each partner a one-half interest.

For more information about partner’s rights, click on the following link: Family Law – Sacramento Attorney – Free Lawyer Consultation

California “Marvin Action”

A Marvin Action” is a claim for spousal support that you make against your partner following a breakup. Another name for these payments is “palimony.” The California Supreme began allowing “palimony actions” in 1976 when they addressed cohabitation claims. Your request for palimony is not a family law matter but rather, a civil action.

For more information about partner’s rights, click on the following link: Family Law – Sacramento Attorney – Free Lawyer Consultation

California Divorce Residency Requirements

Filing for divorce in the State of California requires that at least one spouse have resided in the state for at least six months prior to the date of filing, and that the filing spouse have resided in the county where they are filing for at least three months prior to the date of filing. In short, you must have been a resident of the county in which you are filing for at least 3 months prior to the date of filing and a California resident for at least 6 months prior to the date of filing. You can file for a legal separate and convert your case to a divorce proceeding if you do not meet residency requirements.

For more information on residency, click on the following link: California Divorce

Child Custody in Divorce

Your divorce may be complicated if you have children and you have concerns about custody. Child custody is the legal relationship that you and the other parent have with your children. You establish this legal relationship with a court order. During you divorce, you and your spouse will need to address both physical and legal custody of your children. The physical custody you or your spouse receives could determine who will be primary parent and which of you will be paying child support.