Upland Divorce Lawyer

The dynamics in any family can be difficult to navigate. While we rely on them, love them, and share memories with them, they can also disagree, argue, and sometimes fight. These disagreements can be hard on anyone, but when they lead to a divorce, they can be even more difficult. No one enters into a marriage thinking it will end, but divorce and separation happen for a number of reasons Upland, CA. The decision to proceed with either option can be difficult and filled with emotion. Unfortunately, many families are not just two adults who can find their way through it. There may be children involved who are left to observe the process and hope that everything turns out okay.

However, the right help can ease your worries and fears about that next step. At All American Law, we know how important it is to have knowledgeable support during a divorce. This is why we take time to understand the needs of your case and provide you with the best advice moving forward. We can be there for you throughout the divorce process to help you reach a happier, healthier life for you and your family.

Marriage Dissolution

When a married couple seeks to end their marriage, they have three options available:

• Divorce: This process legally ends a marriage between a couple. Once the divorce is finalized, both spouses are free to marry other people. In the process, a couple will make decisions about child support and custody, spousal support, and the division of assets.
• Legal Separation: When a couple seeks legal separation, they agree to stay married but live apart physically. These facts are key. Since they are still married, they are obligated under law to honor that and cannot remarry. However, a separation still needs to settle all the elements of a divorce, including child support and custody, spousal support, and dividing assets. The separation will also establish the legal responsibilities of each spouse. Often, couples who seek separation instead of divorce feel there is an opportunity to reconcile the marriage. Couples can also use this to help protect marital benefits such as retirement, social security, or medical benefits. If, however, a separated couple wishes to proceed with a divorce, many of the agreements made during the separation will be the foundation for agreements in the final divorce.
• Annulment: If a married couple meets certain criteria, they can legally nullify their marriage as if it never happened. The requirements, however, are very specific, and this option is difficult to pursue. In an annulment, the couple must file for either civil or religious reasons. Religious petitions are less complicated because the couple simply states how the marriage violates their religious obligations. In civil petitions, there could be any number of reasons for an annulment, such as evidence of fraud, concealment, or a lack of ability to consummate the marriage.

Types of Divorce

Divorcing spouses have two main options for filing. These are:

• Contested: This is the more complicated type of divorce. It signals that the couple is unable to reach an agreement on the details of the divorce or that one spouse refuses to accept the option of divorce. When a spouse files for a contested divorce from the other spouse, the process will take longer. It will also be more costly, as there are added costs for attorneys, litigation, and potential mediation. This type of divorce can take years to resolve in some cases. The courts will be forced to make decisions on behalf of the couple because they cannot reach an amicable agreement.
• Uncontested: When a couple files for an uncontested divorce, they are in agreement to dissolve the marriage. They can also agree on all the details of the divorce, including child custody and support, spousal support, and asset division. While an amicable agreement is ideal for any divorce case, uncontested divorces can quickly become contested. For this reason, it is important to still seek the help of an experienced and knowledgeable attorney. They can make sure the agreements you make are equitable and fair.

An additional option available to couples in California is the opportunity to receive a summary dissolution. This less common type of filing does not meet with a judge, and certain requirements must be met to seek it. These minimum requirements include:

• The marriage, from the time of marriage to the time of separation, must have only existed for five years or less.
• They must not have any children through birth or adoption. A couple must also not be expecting any children.
• The couple must not own any residential property. They may share a lease, but it may not be a rent-to-own structure.
• Any debt accumulated by the couple must total less than $6,000 (this excludes car loans).
• Neither spouse may own any individual property amounting to more than $38,000 (excluding cars)./li>
• There is a mutual agreement that neither spouse will seek spousal support.
• The couple has a signed agreement outlining the division of shared property, including cars and debts.

Residency Requirements

California, like many states, has a residency requirement that couples must meet before filing for divorce. These requirements include:

• One or both spouses must have been residents of California for at least six months.
• The divorce must be filed in the county in which one or both spouses have resided for a minimum of three months.

When a couple wants to file for divorce in California but does not meet the minimum residency requirements, they may choose to file for legal separation instead until the minimum requirements are met. Once residency has been established, they may file an amended petition for divorce.

Grounds for Dissolving a Marriage

When you petition to dissolve a marriage, there must be a reason included. While several different reasons can be stated, the most common reason is “irreconcilable differences.” This acknowledges the disagreements between the couple, and despite any effort to resolve the conflict, there is an inability to do so. This, therefore, states that the marriage should not continue. A second common reason is often referred to as “incurable insanity.” This requires evidence from medical professionals to prove that one spouse was deemed insane at the time of filing.

Details of Divorce

Divorces are complicated matters with many details to resolve. While the end of the relationship itself can be emotional, it is the process of resolving these details that creates the conflicts many divorcing couples face. Details of the divorce include:

• Child Custody: Divorcing parents with children must reach agreements on where the child will live and what percentage of visitation the child will have with the other parent. Whether couples can amicably reach an agreement, or the court needs to provide one, the best interests of the child should be at the center of the discussion.
• Child Support: This is centered on the costs associated with raising the child. Each parent has a responsibility for ensuring that those costs are met. Child support is often awarded to the parent who has primary care of the child. It lasts until the child reaches the age of 18 or until another legally designated time.
• Spousal Support: Discrepancies in income can make the spouse who earns less worry about the affordability of basic needs after the divorce. However, spousal support provides either temporary or permanent assistance. The circumstances of the marriage will determine what amount of spousal support, if any, is awarded.
• Property Division: Property includes not only the physical property that a couple owns but also financial assets and debts accumulated during the marriage. California seeks to provide an equal division of assets. In some cases, this could mean one spouse receives a shared home, but the other receives a greater portion of financial assets to balance the difference.

Benefits of a California Divorce Attorney

Whether the process begins amicably or is contentious from the start, you should seek the help of an Upland divorce lawyer. There are often-overlooked details in a case that an attorney can help resolve before they grow into bigger problems. Many think they can save money in the process by not hiring an attorney. However, the cost of the attorney far outweighs the potential for faulty agreements or inequitable resolutions. An attorney’s goal is to help reach an equitable and fair conclusion that seeks to reach your desired outcome. An attorney can help with:

• Initiating the Divorce: An attorney will guide you through the beginning of any divorce process. There is a common, and stress-inducing, myth that the one who files for divorce first has an advantage. However, the process will take the same path regardless of who files first.
• Length of the Divorce: Once the process for divorce begins, no one wants to see it drag out. An attorney can help ensure that all the details are covered to keep the process moving forward as efficiently as possible.
• Expectations: A divorce attorney will need to be organized, prepared, and attentive to your needs throughout the divorce process. Many attorneys will handle multiple caseloads. However, they should not be so overwhelmed that your case is not a priority for them.

To maximize the effectiveness of your attorney, it is important to be honest and open with them. Because of attorney-client privilege, what you say is kept in confidence. You cannot expect the most out of your attorney if they are not fully informed of all the circumstances.

While many attorneys claim to handle divorce cases, do your research and look for referrals as well as information on their knowledge and experience. You may also wish to interview your attorney. Common questions you can ask include:

• Which members of your team will also be working on my case, and may I meet them?
• How can I contact you if there is an emergency?
• What is the tentative timeline for my case?
• What is your hourly rate?
• Are there any other charges I should anticipate?
• What is the approximate total cost I should expect?
• Are there any ways to cut costs?

Upland, CA Divorce Law FAQs

How Do I Know If a Divorce Lawyer Is Good?

When you have your initial consultation, there are several things you will need to know. Your attorney must have certain qualities to properly represent you:

• They must have a solid legal strategy.
• They should be open, honest, and sympathetic to your needs.
• They must be prepared to answer questions and meet your legal needs on your timeline.

How Much Will a Divorce Case Cost Me in California?

Each divorce case is different, and the circumstances of yours could affect the costs. However, divorce in California is generally estimated to cost between $5,500 and $38,000. California divorce costs tend to be higher than those in other states due to California’s higher cost of living. Your attorney should be able to give you an estimate of your costs during your consultation.

What Can a Good Divorce Lawyer Do for You?

The job of any divorce attorney is to protect the rights and interests of their client. In divorce, this is particularly important because of the contentious nature of the process. Attorneys seek to reach the outcome desired by their clients. They will advise you on the legal process and keep you informed of your options.

What Is the Average Retainer Fee for Divorce Attorneys in California?

Whether you or your spouse have filed for divorce or you are concerned that it will happen, you may want to hire an attorney to assist you as the process moves forward. To retain an attorney, it will cost, on average, between $3,000 and $5,000. This fee is an upfront cost that secures their services should the need arise.

Upland Divorce Attorney

Any divorce or separation can be difficult. With the help of the right attorney, you can navigate the complexities of the process and reach the outcome you desire. At All American Law, our attorneys bring years of experience to your case. We can provide you with the best representation possible. If you are considering filing for divorce, or have been served divorce papers from your spouse, contact our offices for a free consultation.