Eastvale Divorce Lawyer

Divorce Attorney in Eastvale, CA

No one marries expecting to one day divorce. Marriage entwines two people, both emotionally and financially. It can be difficult to untangle cleanly, making it critical to have a strong legal advocate fighting for your rights. Work with an Eastvale divorce lawyer to ensure your rights are protected throughout your case.

Hire a Divorce Lawyer That Locals Trust

The attorneys at All American Law know how difficult divorce can be. We’re passionate about protecting the legal rights of our California community through experienced family law representation. Our goal is to give you the tools you need to seek a brighter future. You don’t have to be alone during this time.

We offer free consultations to those living in Eastvale and the surrounding areas. When you come into our Rancho Cucamonga office, you won’t be treated as just another case number. We know how unique every case and client is. From the first handshake, you’ll be given the empathy you deserve.

California Divorce Laws

4 to 5% of Eastvale residents were divorced as of 2023. This number is low compared to other cities in the United States, making it even more vital to get legal protection during your case. Even if you and your spouse are on good terms, a lawyer can help you navigate California’s complex laws regarding divorce.

At least one spouse has to have lived in California for six months before filing for divorce, as well as three months in Riverside County. These cases are generally handled at the Riverside Family Law Courthouse, located at 4175 Main Street in Riverside.

A California divorce takes at least six months to complete. However, if there are any arguments over divorce topics, the process can stretch out much longer.

Property Division

As of 2023, the average home value in Eastvale was $752,000, with the average income being $161,322. Protecting these high-value assets is extremely important, as what happens to them affects your entire future.

While it’s important for couples to sign a prenuptial agreement before marriage, not everyone has one in place by the time they decide to divorce. It’s essential to hire a divorce lawyer during this time, as they can help you catalogue your assets and protect what’s rightfully yours.

During a divorce, couples will need to divide their property. California law recognizes two types of property:

1. Community property: This is generally anything gained during the marriage by either spouse. It includes income, debts, real estate, retirement accounts, and personal belongings. All of these become subject to division, unless a prenuptial or postnuptial agreement specifies otherwise.
2. Separate property: This is typically anything gained by either spouse before getting married. These assets aren’t divided unless they become commingled with community property. For example, if a spouse got an inheritance before getting married, but used that money to make home improvements on the marital home, that money would become subject to division.

Courts will typically divide community property equally between the couple. This often goes against the personal wishes of the couple. However, if the couple can agree on how to divide their property during mediation, this fate can be avoided.

Spousal Support

Spousal support, commonly called alimony, is payments made from one spouse to the other after a divorce. The court looks at many factors to decide whether support should be paid and how much. It considers:

• Whether each spouse can earn enough to maintain the standard of living they had during the marriage
• Whether time spent on domestic duties during the marriage affected the supported spouse’s ability to earn
• Whether the supported spouse helped the other spouse get an education, training, career, or license
• Tax consequences

In some cases, support may be denied. This may happen if the spouse has enough separate property or income for proper support, there is enough community property to provide support, or if the other spouse has child custody of the children and is supporting them.

FAQs

What Is Mediation?

Mediation is an alternative process to court, where couples can work through their divorce issues without a judge making the decision. This is done to keep control in the couple’s hands and helps them avoid time and money spent in public court. During mediation, a professional mediator helps both sides communicate and come to an agreement about their issues. They don’t make any legal decisions. If topics can’t be resolved through mediation, they may go to court.

What’s the Difference Between Divorce and Legal Separation?

Divorce and legal separation are two options for spouses who want to separate. However, the processes are entirely different. Legal separation is still started by filing with the court, but doesn’t require a six-month waiting period to finalize. It also keeps the couple legally married, unlike divorce. Couples can choose this alternative option for personal and religious reasons. It can also be helpful for tax and Social Security benefits.

What Is Summary Dissolution?

Summary dissolution is a faster and cheaper way to divorce. To qualify, you must have been married for less than five years, have no children, and not own real estate. You must owe less than $4,000 together, not counting car loans. The things you own together and separately must be worth less than $25,000 each, not counting cars. You both have to agree to waive spousal support and must agree on how to divide property and debts.

Do I Need to Prove Fault to Get a Divorce in Eastvale, CA?

Luckily, you don’t need to prove fault to get a divorce in Eastvale, CA. Courts use a no-fault system, meaning that either spouse can file for a divorce if they agree they can’t work through their issues. This is called irreconcilable differences and is a common reason for filing. This helps simplify the divorce process for couples. It also allows for extra privacy, as divorce cases are public in court. Not assigning blame helps foster healthy relationships, especially for divorcing parents.

Experienced Family Law Firm in California

When dealing with divorce, you need a lawyer who has a niche focus on family law matters. At All American Law, our team has over 30 years of combined professional experience. Reach out to us today to schedule your consultation. We’re proud to offer free consultations to residents of Eastvale and surrounding cities in California.