Fresno Divorce

Whether you face an uncontested or collaborative divorce in Fresno, having an attorney represent your interests is your smartest strategy. Even cases where the parting is amicable can evolve from an uncontested divorce in Fresno to a fully contentious situation if handled improperly. A qualified law firm will identify a strategy that best fits the personality and financial position of the client.

In general, the lawyer and the client need to identify the type of divorce they wish to pursue: contested, uncontested or collaborative divorce.

Fresno contested divorce

A contested divorce in Fresno can happen for any number of reasons, generally along these lines:

• Child custody and support need legal definition and resolution
• Significant assets or debts were accrued during the union
• Decisions or behaviors of one spouse are at odds with those of the other spouse

The defining characteristic is disagreement, which sometimes is unavoidable. A Fresno contested divorce often requires more time spent with lawyers as well as greater court fees.

Fresno uncontested divorce

An uncontested divorce in Fresno most often happens when three conditions exist:

• The couple has no children or other dependents
• There are few or no communally acquired assets or debts
• The nature of the divorce is civilized, not hostile

A Fresno uncontested divorce requires the least amount of counsel from your attorney, yet an attorney is recommended to make sure no mistakes of long-term consequence are made.

Fresno collaborative divorce

California divorce law allows for this approach—used often in uncontested divorce cases—in which both parties wish to resolve all matters of the dissolution amicably and with productive dialogue. A Fresno collaborative divorce is an alternative to having a divorce court judge rule on division of assets, child custody and support, and other matters.

A Fresno collaborative divorce still requires each party to retain an attorney to represent their interests, but at the outset both parties agree not to pursue a court proceeding. Each spouse and their counsel meet to gather, analyze and assess:

• All relevant financial information: home, cars, securities as well as debts, income inequities and future income potential of both parties if maintenance (alimony) from one spouse to the other is likely.
• The needs, interests and relationship between each parent and children, and any emotional and financial needs until maturity (up to and including college, usually).

Throughout the Fresno collaborative law process, the emphasis is on open communication, reciprocity and respect. Ideally, neither party should wish to get the better of the other. In the end, the goal is to negotiate a mutually acceptable agreement.

Note that if either party chooses to go to court despite the earlier agreement not to, then both attorneys must withdraw from the case. Each party must then hire a new litigation attorney.

Contact us

The Law Offices of Jennifer S. Morrison carefully explains the differences between these various approaches to divorce. As an attorney with extensive experience in Fresno collaborative family law, Jennifer is always ready to educate clients on the benefits of collaborative divorce. Speak with a qualified Fresno divorce lawyer who is responsive and compassionate to your needs. Contact The Law Offices of Jennifer S. Morrison today at 559-225-4300.