“We believe that one of our skills is in good communication with our clients and building a good rapport with each of our clients.”
We see our role as working alongside our clients and helping them bring order back to their lives where there may be temporary confusion and heartache. When it comes to this area of law, personal compassion and legal expertise are needed and necessary and what Kirk & Toberty can offer.
In need of a skilled Divorce Lawyer?
We do our best to listen to our clients’ needs and keep our clients informed of their options. We are able to resolve many cases without going through the time, expense and upheaval of litigation. However, if litigation is necessary, Kirk & Toberty are experienced advocates in court, being familiar with the family law judges and courts. It is our goal to keep costs down for our clients and to always communicate well and be sensitive to each person’s needs.
Mr. Toberty has taught family law and community property courses as an adjunct professor and has been limiting his practice to family law for over 28 years. Mr. Toberty finds it personally rewarding to assist clients through one of the most difficult times in their lives.
In California, divorce is called a dissolution of marriage. A dissolution of marriage ends your marriage and returns you to the status of a single person. Divorces are granted upon a showing of irreconcilable differences or upon a showing of incurable insanity. The Court does not consider the fault of either party in granting a divorce.
To obtain a divorce in California, you or your spouse need to have lived in California for six (6) months and three (3) months in the county in which you file for divorce.
You can file for a legal separation if you do not want a divorce. The basis for a legal separation is the same as for a divorce. Both parties need to agree to a legal separation, and if one party wants to get a divorce, the Court will grant the divorce.
The Court will make the same orders in a legal separation that they make in a divorce. For instance, they will make orders relating to custody and visitation of your children, child support, spousal support, restraining orders and division of your property.
The difference between a legal separation and a divorce is that in a legal separation, you are legally separated, but your marriage is not ended. You and your spouse cannot remarry after a legal separation.
An annulment is when the Court determines that the marriage was not a legal marriage. The basis for an annulment or nullity of marriage is one of the following reasons:
- Incestuous marriage (marrying someone who is blood-related to you);
- Bigamous marriage (marrying someone who is already married to someone else);
- A spouse was under the lawful age of consent (under the age of 18) and did not obtain the proper parental/Court consent, unless after turning 18, the party freely cohabitated with the other as husband and wife;
- A party was of an “unsound mind”,e., he or she was unable to understand the significance of the subject matter of the marriage contract, unless after being of sound mind, the spouse freely cohabitated with the other as husband and wife;
- Either party’s consent to the marriage was obtained by “force” unless after the force stopped, they continued to freely cohabitate with the other as husband and wife;
- Either party was “physically incapable” of entering into the marriage, i.e., they were unable to engage in normal sexual relations, and the physical incapability continues and is most-likely incurable; and
- The marriage was obtained by one of the parties by “fraud” unless the defrauded party after learning of the fraud thereafter freely continue to live with the other as husband and wife. The type of fraud must go to the very essence of the
To obtain an annulment, you must prove to the Court that one of the reasons stated above is true. As part of an annulment, you may ask the Court for other orders such as child custody, visitation, child and spousal support. There are statutes of limitations or time frames in which you need to file an annulment, or you will be barred from doing so.