June 2, 2010 By Paul Wallin

MSNBC recently reported that former Vice President Al Gore and his wife, Tipper Gore, separated after 40 years of marriage. The Gores grew apart during Al Gore’s time spent on the road in his worldwide campaign to draw attention to climate change, which in 2007 led to a Nobel Peace Prize and an Oscar for the documentary “An Inconvenient Truth.” It is reported that no affair was involved, however they are likely to discuss their divorce rights with a divorce attorney soon.

Under California Family Code (CFC) Section 2310-2313, dissolution of marriage or a legal separation of the parties may be based on either irreconcilable differences, or incurable insanity. Irreconcilable differences are those grounds which are determined by the court to be substantial reasons for dissolving the marriage. To dissolve a marriage because of incurable insanity, there must be proof that the insane spouse was, and remains, incurably insane. At least one of the parties must have been a resident in this state for six months and a resident of the county for three months before filing a petition.

With respect to child custody issues, Under CFC section 3020-3032, it is the public policy of this state to assure that the health, safety, and welfare of children are the court’s primary concern in determining the best interest of children when making any orders regarding the physical or legal custody or visitation of children. It is the policy of California to assure that children have frequent and continuing contact with both parents after the parents have separated or dissolved their marriage, unless some extenuating circumstance exists such as abuse or neglect.

In regards to support, under CFC Section 3580 a husband and wife may agree, in writing, to an immediate separation, and may provide in the agreement for the support of either of them and of their children during the separation or upon the dissolution of their marriage.

Divorce proceedings can be overwhelming. It is therefore necessary to retain our experienced legal representation as soon as you can. The divorce attorneys at Wallin & Klarich have been handling divorce proceedings for more than 30 years. Our Southern California attorneys will conduct a thorough review of the details of your case, and will advocate on your behalf to get you the best possible outcome. Divorce proceedings are a taxing and daunting ordeal, and we will be here for you each step of the way. Call Wallin & Klarich today at (877) 466-5245 to speak with one of our attorneys regarding your case. We will be here when you call.

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