When facing the complexities and stressors inherent to a California divorce, having a knowledgeable and compassionate Chino Hills divorce lawyer on your side can be one way to make things much easier on yourself. While divorce is never easy, hiring a lawyer you trust can provide the peace of mind necessary to get through such a difficult time.
All American Law is ready to serve as your trusted partner, confidant, and advocate throughout the challenging process of ending your marriage. We are committed to providing you with effective guidance and reliable support as you close this chapter in your life and set the groundwork for the next.
At All American Law, our team of world-class divorce lawyers and knowledgeable support staff understands that every divorce case, just like every marriage, is totally unique. That’s why we don’t believe in one-size-fits-all divorce representation.
Instead, we focus on providing personalized legal solutions that address your specific needs and goals. Whether your main concern is child custody, property division, spousal support, or all of the above, we can guide you through the process effectively and help guide your case to a resolution that sets you up for a bright and successful future beyond your marriage.
Child custody is often one of the most emotionally charged aspects of divorce. Receiving less custody than your ex-spouse or no custody at all is every parent’s worst nightmare. The team at All American Law understands this on a deep level and can ensure that your rights as a parent, as well as your child’s well-being, are aggressively protected in all proceedings.
The family court presumes that joint custody is in a child’s interest unless one parent is abusive, has substance abuse issues, or is otherwise unfit to parent. A divorce lawyer can defend against false accusations from a parent who wants sole custody. If you are deemed unfit to be a parent, you will not be awarded custody, but you could receive visitation rights.
Remember: the court is bound by law to act in a minor child’s interests while making custody decisions, so “fighting for custody” often means using evidence and testimony to establish that you are a stable, loving, and capable provider for your child. Some of the factors that the court will consider when making custody determinations include:
In California, divorces are processed on a “no-fault” basis. This means that neither party is required to prove wrongdoing or to assign—or accept—blame for the marriage failing. This progressive legal approach allows couples to pursue an end to an unhappy marriage without the need for lengthy and contentious litigation to determine who was the worse spouse. Every state in the US now offers some kind of no-fault divorce process.
This can help divorces be completed faster, less expensively, and more amicably, which is especially important if minor children are involved, and a joint custody co-parenting arrangement will be made. While some divorcees feel the urge to assign guilt to “set the record straight,” there is no tangible benefit to doing so in a no-fault state, and no-fault divorces have many benefits for everyone involved, such as:
The state of California follows the “community property” principle when dividing marital assets and debts. In short, this means that the court will divide the property acquired by the couple during the course of their marriage equally between the ex-partners upon divorce. While other states divide marital property equitably, California prioritizes equal distribution. There are some exceptions to this, however.
A valid prenuptial agreement, for example, that states which party will receive which assets should the marriage end, can supersede the community property principle. Certain personal assets might also be considered individual, rather than martial, property. These include:
Spousal support, sometimes called alimony, involves court-ordered payments made from one ex-spouse to the other after a divorce. Whether you are seeking to receive spousal support or are concerned about potential obligations, the family lawyers at All American Law are well-equipped to navigate the intricacies of spousal support deliberations on your behalf.
Spousal support is not automatically awarded in every divorce. Rather, it will be awarded to a lower-earning spouse who needs financial support as they transition into single life. It is not always permanent, and it could be shortened due to a shorter marriage. Factors that will be considered when determining spousal support payments will include:
Most divorce lawyers charge hourly, so the single greatest factor in the cost of your legal representation will be the complexity of your case (i.e., how many hours your lawyer has to work on it).
An uncontested divorce with simple marital assets, no minor children, and a couple who is willing to work collaboratively can be resolved far more quickly and cheaply than a contentious battle where everything is battled over in court. Divorce lawyers in California typically charge anywhere from around $200 hourly and up to $500 and beyond for more expensive services.
Every marriage is unique, so it stands to reason that every divorce will be unique as well. This means that the final price tag of each divorce after all the lawyers and court fees are paid can also vary a great deal. The actual court costs of filing your initial divorce petition will be around $450, but for most parties, this is only the beginning of the costs. Please reference the previous question for information about lawyer fees, which make up the bulk of the expense in most divorces.
You can technically get divorced with no more cost than the initial $435 to $450 filing fee, but getting divorced without an attorney can be quite risky and should only be attempted in situations where there are no significant assets to divide, and both parties agree on all important issues like child custody, etc.
For those who do wisely hire a lawyer, note that having a strong prenuptial or postnuptial agreement can also help a divorce move quickly, potentially saving on legal fees.
Yes, because California is a “community property” state, the court will endeavor to evenly split all marital property during a divorce—and the same goes for marital debts. Marital property includes just about anything acquired by either spouse during the course of their marriage, with a few limited exceptions for inheritances and other situations.
A good prenuptial agreement can supersede the community property principle, however, which is important to keep in mind if you have unique or high-value assets you would like to protect.
Making the decision to divorce is difficult enough, so getting the legal process started afterward can be downright overwhelming. All American Law offers a free consultation to discuss your case, explore your options, and provide an overview of how we can help. Consider it a step toward clarity, as well as your first step toward a brighter future.
When you’re ready to move ahead, reach out for a confidential, compassionate consultation. You can do this, and we’re here to help.