Divorce Lawyer Sacramento – Defenses to Divorce
Traditionally, the term “defense” refers to a law or legal theory that would prevent or preclude a certain outcome in a litigation. Defenses can be based on equity (fairness), statutes, or case law.
To be clear, there are no real defenses to a divorce. In California, a no fault divorce state, every married person has the right to terminate the marital status, seek a division of the community estate, seek child and/or spousal support (if appropriate), and seek whatever other remedies or orders that are appropriate based on the facts of the case.
The concept of a “defense” in a family law case is more appropriately, and conceptually, understood as a litigation issue within the family law case. For example, one spouse may contend that a certain item of property is separate property and not community property. Or, a spouse may contend that custody and visitation should not be granted to the other party, for whatever reason. Or, one spouse may contend that he/she is entitled to an award of spousal or child support. Whatever the issue being litigated, there may be a “defense” to the specific request that must be litigated.
So, if your soon to be former spouse is seeking a Court order in regards to a family law issue, you should consult with an experience family law attorney as quickly as possible to learn what law(s) apply to your situation, what litigation strategy would be most beneficial to achieving your goals, and what the estimated costs of the litigation may be.
For more information or to schedule an appointment with an experienced divorce lawyer Sacramento contact The Law Office of Robert N. Kitay. It is important to protect your legal rights.
Call Us Today: (916) 266-0188
Law Office of Robert N. Kitay
2508 Garfield Avenue, Suite A
Carmichael CA 95608
Tel: (916) 266-0188
Fax: (916) 266-0198