Should I Have an Advocate During My Divorce?
Ending a marriage in California may seem relatively easy since there is no need to prove anyone is at fault. While either spouse may end the marriage for irreconcilable differences, many complicated decisions must be made during the divorce process. Having a lawyer on your side can ensure your best interests are protected at all times.
If you are facing a divorce in California, you deserve excellent legal counsel and representation. Our experienced attorneys can help minimize the costs and stress of your divorce through mediation. We can also help you and your ex find solutions for difficult questions, such as dividing the marital estate, establishing a spousal support agreement, and determining the best child custody arrangements. Contact our law firm right away at 408-214-6366 to schedule a free initial consultation with our team of divorce lawyers.
How to File for Divorce in California
According to the California Courts website, those who have “lived in California for the past 6 months and in [their] current California county for the past 3 months” are eligible for divorce in California, with some exceptions for legal separations and same-sex couples.
Filing for divorce involves submitting the required papers to the proper court entity and paying a fee of around $435 to $450. Your spouse will be served the divorce papers, after which you will need to find solutions to the many issues surrounding the divorce, such as spousal and child support and division of marital property.
Many courts require couples to seek mediation before bringing the divorce before the court. Mediation is an excellent way of resolving issues without the expensive, stressful court process. During mediation, you and your spouse meet with your lawyers to find solutions without needing a court order. Resolutions from mediation are not legally binding, but many couples find greater satisfaction and experience less feelings of bitterness following mediation. Contact our legal team today for help with the mediation process during your divorce.
How is Property Divided in a California Divorce?
California is a communal property state, meaning the marital estate will be divided as evenly as possible. However, some couples find alternate solutions that match their family’s needs through mediation. Additionally, having a prenup can help simplify the marital estate division process.
Community property is usually the majority of the marital estate. This includes bank accounts, real estate, and businesses owned by either spouse. These assets will be divided as evenly as possible during divorce proceedings.
Separate property remains the sole property of one spouse and is not divided. For an item to be considered separate property, it could be one of the following:
- Inheritance left solely to that spouse
- Property owned before the marriage
- Gifts received by one spouse during the marriage
- Family heirlooms
- Items included in a prenup or postnup
Prenuptial and Postnuptial Agreements
Prenups and postnups usually specify how property is divided in a marriage. These legally binding documents are a great way to protect the wealth you worked hard to build prior to your marriage. You can reach out to our law firm for help creating a prenup or postnup.
How Are Child Custody Decisions Handled in California?
Some of the most challenging decisions in a divorce are those regarding the care of the children. California courts strive to maintain the child’s best interests when making child custody decisions. Preferably, a couple can come to an agreement during mediation without the interference of a court order. If the matter comes before a judge, they will consider the child’s preferences and each parent’s ability to best care for the child.
Most divorce cases in California result in joint custody to keep both parents as part of the child’s life. In joint custody, both parents are responsible for caring for the children and making legal decisions on their behalf.
In some cases, one parent is better suited to raise the child. This could be in cases of mental illness or abuse. When one parent retains custody, and the other does not have legal responsibility for the child’s welfare, this is known as sole custody.
Can a Lawyer Help Me Get Spousal Support?
In some divorces, one spouse was the primary provider for the family while the other may not have the ability or skills to provide for themselves financially. In these cases, the spouse who is not ready or able to enter the workforce may be awarded spousal support.
Spousal support can be temporary or permanent, depending on the circumstances. Your lawyer can help you determine whether to seek spousal support and can help you provide the evidence necessary to prove you deserve financial assistance from your ex-spouse.
Should You Hire Our Divorce Attorneys?
Going through a divorce can be one of the most challenging experiences a person will face. You may experience extreme emotions as you face the drastic life changes that come with divorce. However, you do not have to go through this difficult time alone.
With a divorce lawyer by your side, you will find the support you need as you seek a new, better life. Our talented legal team will stand by you as we guide you through the complex decisions involved in getting a divorce. You can rely on our knowledge, experience, honesty, and skill as you enter a brighter future.
Please don’t go through your divorce alone. Contact our caring, capable team of attorneys today to schedule a complimentary initial consultation and learn more about how we can help. You can reach us at 408-214-6366.