At the Law Office of Michael J. Smith, we pride ourselves on communication. An informed client will invariably make the right choices. We strive to make sure you are in the best position to make an informed choice for your family and for your future.

For 23 years we have been providing low cost, effective, and legally appropriate advice to our clients. We are committed to insuring that you understand the process, that every choice you make is the right one, and that your ultimate goals are achieved.

If litigation is necessary, our clients have the comfort of knowing that we have handled thousands of Court hearings and Trials. As a Deputy District Attorney, Private Counsel and frequent assignments as a Judge Pro Tem, we have an unparalleled record in the Courts.

We provide direct access to the Attorney, quick responses to questions and offer a variety of referral services for any need. Meet with us at no cost, and we are sure you will come away knowing you have consulted with the best possible choice for counsel.

"If our clients understand the process, they will make the right choices."

Ventura Divorce in California

In California and specifically Ventura County you have three (3) different ways to end your marriage or registered domestic partnership: you get a divorce, you get a legal separation, and you can get an annulment. It is not necessary for you and your spouse or domestic partner to agree to end the marriage; you can make the decision to end the marriage and they will be unable to stop the process simply by refusing to participate. If your spouse doesn’t want to participate and get a divorce too, you will be able to get a default judgment and you will get your divorce. Contact the Law Office Michael Smith in Ventura if you need help or additional information in obtaining a California default divorce.

It is important to know that California is a “no fault” divorce state, which means that if you want a divorce you do not need the permission of your spouse and you do not have to “prove” that something is “wrong” with the divorce or that someone “cheated” during the marriage. In order to get a divorce in the State of California one of you (one spouse) has to declare that you cannot live together, get along – the legal term for this is IRRECONDILABLE DIFFERENCES.

Registered Domestic Partnership

The State of California, which includes Ventura County, requires the filing for a dissolution (a divorce) legal separation or an annulment to end a registered domestic partnership. This is considered a young law since it was only enacted in 2005. There are still some issues not yet set in stone concerning property and child custody. There are tax issues as well with Federal Income Taxes that have not been clearly dealt with and there are also over 1000 federal laws which deal with marriage that may need to be addressed. There is also the possibility that once a domestic partner leaves the State of California, some of their domestic partner rights might not been recognized outside the state. Contact the Law Office Michael Smith in Ventura if you need help or additional information concerning your registered domestic partnership.

Ventura Legal Separation Lawyer

At the law offices of Michael Smith we know that Divorce and Legal Separation is a difficult and emotional time for you and your family. It is a difficult time in which you need to make legal decisions and it is best to have help, support and someone who is unconditionally on your side. We are Ventura family law attorneys protecting the rights of our clients for more than thirty years and are able to help you through this time of separation and divorce.

We help Ventura County people, including high net-worth individuals and couples, whether or not you have separated or a thinking of divorce. We are ready and able to handle all your Ventura divorce related issues including:

Dividing Your Marital Property - California is a community property state in which all the assets acquired during your marriage are considered belonging to both partners, including all the accrued value of the assets.

Spousal Support - It is possible that the Ventura County court will order monthly payments by one spouse to help support the other spouse pending a legal separation or divorce. Spousal Support, once known as alimony, may continue after the divorce is final, depending upon factors that are outlined in statute 4320 of the California Family Code.

Child Custody and Visitation - Most Ventura divorce couples with children are loving, caring parents who want what is best for their children, but once in a while child custody becomes contentious. At that time your Ventura Divorce Attorney at the law offices of Michael Smith will take all steps necessary to vigorously advocate for your interests and protect the rights of your children and just as important protect your rights as a parent.

Child Support - Usually the spouse that doesn’t have custody of the child pays child support. If the child or children spend half their time with each spouse, the spouse earning less money may still be entitled to child support. There is a California child support law that determines the amount of child support under specific statewide guidelines. This formula is based on spouse incomes, the time spent with the non-custodial spouse, childcare costs and other specific issues such as healthcare, health insurance and children living with which parents.