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Ontario Divorce Lawyer

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Ontario Divorce Lawyer

Ontario Divorce LawyerIf you’re considering filing for divorce in Ontario, California, hiring the right lawyer is one of the most important things you’ll do. Call All American Law at 909-944-8880 to schedule a free and confidential consultation. An experienced Ontario divorce lawyer can help you reach the best possible outcome for your family. 

To learn more about how you can benefit from our proven strategies and successful approaches to family law matters, call our law offices today.

Why Should I Choose All American Law To Help With Your Divorce Case in Ontario, CA?

Ontario Divorce LawyerDivorce is one of the most stressful events in a person’s life. Given the complications, it’s rare that two spouses are on the same page. At All American Law, our law firm is led by a certified family law specialist. Our Ontario family law attorneys have the tools to handle every aspect of your divorce.

Our award-winning attorneys bring over 30 years of experience in family law to the table. We understand what’s at stake and can help you navigate difficult decisions while protecting your interests in Ontario, CA. We’re here to put our experience and resources to work for you. Call our Ontario family lawyers today to get started.

Understanding Divorce in California

You likely have serious questions if you’re thinking about divorce. Understanding the process and knowing what to expect can make the experience less stressful.

In California, the legal term for divorce is “dissolution.” This legal process formally ends a marriage or domestic partnership. Once the divorce is finalized, you’ll be legally single. However, the decisions made during the divorce process can affect your life for months or even years to come.

Your lawyer can help you understand your options and how decisions involving your family, finances, and property may impact your future.

How Do I Qualify To File for Divorce in California?

To file for divorce in California, one spouse must first satisfy the residency requirement. One spouse must live in the state of California for six months prior to filing for divorce. You must live in the county where you file for divorce for three months prior to filing.

 

These residency requirements only apply to legally married couples. Domestic partnerships can be dissolved even if you don’t satisfy the requirements, so long as the domestic partnership is registered in California. 

What Are the Steps for Initiating a Divorce in California?

As you might expect, divorce involves significant paperwork. The spouse who initiates the divorce process is called the petitioner. The spouse who receives the initial paperwork is called the respondent.

Here’s how the process works:

  • Once the petitioner has satisfied the residency requirements, they file a petition for dissolution of marriage with the Superior Court
  • The petitioner must then serve the petition on the respondent to notify them that they have initiated the divorce process (service itself is a formal process where the papers are delivered to the spouse who did not initiate the divorce)
  • The respondent has 30 days to file their answer with the court and serve this response on the petitioner
  • If you have minor children, you must file a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act document with the court
  • Under California Family Code Section 2339, a six-month waiting period begins on the date the respondent is served with the summons and petition or appears in the case, whichever occurs first.

 

This officially begins the divorce. Most couples then begin negotiating the formal terms of the divorce. The process from this point depends on the family.

What Happens if My Spouse and I Already Agree to the Terms of the Divorce?

Some couples have already agreed on the terms of the divorce prior to initiating the divorce. If that’s the case, you can file jointly and skip several steps. 

A judge can finalize the divorce after a six-month waiting period has passed. For couples with minor children, the judge will evaluate the agreement to determine whether it’s in the best interests of the children.

What Happens if My Spouse and I Don’t Agree to the Terms of the Divorce?

Of course, many couples don’t initially agree on the terms of a divorce. In cases involving contested issues:

  • Discovery begins, where two spouses exchange important information
  • Based on that information, your lawyer can facilitate mediation and negotiation
  • If mediation and negotiations fail, the divorce case will proceed to trial, and each side will present evidence so that the judge can resolve disagreements

Deciding to get divorced is only the first step. Once you’ve made that decision, you’ll have to resolve many different issues related to the divorce. That can be difficult even when both spouses agree to the divorce.

Our Experienced Divorce Lawyers in Ontario Are Here to Help With All Aspects of Your Divorce

Certain basic issues must be addressed in any divorce. Things like the length of the marriage, whether you have children and how you’ve acquired property will impact how your divorce unfolds.

Our attorneys are prepared to help with all aspects of your divorce, including: 

  • Child custody and parenting time
  • Child support
  • Division of property
  • Division of business assets
  • Allocation of liabilities
  • Spousal support and alimony
  • Grandparents’ visitation rights

 

Our attorneys are here to help you work out the best possible solutions to these and other complex issues. Understanding the rules can help clarify your decision making throughout the divorce process.

How Long Will It Take to Finalize My Divorce in Ontario?

Again, California divorce law prohibits a judge from finalizing a divorce for six months. The waiting period is meant to ensure a couple is certain about their decision to divorce. 

The length of time a divorce takes often depends on how quickly the couple is able to reach agreement. Couples who agree on the major terms of a divorce can finalize the paperwork more quickly.

Aside from this, factors that can impact the duration of the divorce process include:

  • Whether a couple has minor children
  • How long it takes to complete the discovery process
  • Whether two spouses are honest and forthright in providing necessary information
  • The effectiveness of mediation and negotiation
  • The family court’s schedule

It’s difficult to predict exactly how long it will take to finalize a divorce. The more complex the issues, the longer a divorce will generally take.

Our Divorce Attorneys in Ontario Handle All Types of Divorce Cases

Our attorneys have decades of experience handling family law cases. When it comes to divorce, we’ve seen it all. We understand the complications that can arise based on a couple’s unique situation.

Some examples of the types of divorce cases we handle include:

  • Uncontested divorces and summary dissolution
  • Contested divorces and high-conflict divorces
  • Divorces involving minor children
  • Business divorces
  • High-asset divorces
  • Cases involving domestic violence
  • Dissolution of domestic partnerships
  • LGBTQ divorces
  • Military divorces

Divorce is difficult enough. Our Ontario divorce attorneys are prepared to handle all areas of family law. We’re prepared to make the divorce process as simple (and painless) as we can. Call us today to get solid legal guidance and help with the family law issues that you deserve.

What Is the Difference Between a Summary Dissolution and a Divorce in California?

A summary dissolution is a type of divorce. It’s a simplified process that can provide a streamlined way to get divorced.

To obtain a summary dissolution, you and your spouse must agree on all issues relevant to divorce. An experienced attorney can help you determine whether you qualify for a summary dissolution.  

What Are the Legal Grounds for Divorce in California?

One thing to remember is that your spouse does not have to agree to a divorce in California. You can get divorced even if your spouse wants to stay married. You don’t have to prove that your spouse did something wrong to get divorced.

The two grounds for divorce under California law are:

  • Irreconcilable differences have caused the marriage to break down
  • One spouse has a permanent legal incapacity to make decisions 

When you cite irreconcilable differences, you’re essentially filing for a no-fault divorce.

How Are Marital Assets Divided in a Divorce in California?

Unlike most states, California has a community property law. Marital property is meant to be divided equally. Separate property is property that either spouse owned prior to the marriage. Each spouse can keep their separate property.

Of course, it’s always possible for two spouses to agree to divide their property in a way that best suits their needs.

How Are Child Custody and Child Support Issues Decided in California?

California has child support guidelines that are used to calculate child support obligations. Child support is generally based on each parent’s income and the number of children to be supported. Child custody plans can take many forms. 

The key is that the plan must be in the child’s best interests. Many different factors are evaluated in determining what is in the child’s best interests.

Call an Experienced Ontario Divorce Lawyer To Schedule a Free Consultation Today

If you’re getting divorced in Ontario, California, All American Law is here to advocate for you. Divorce can involve difficult decisions about your children, finances, property, and future. Having an experienced attorney on your side can help you understand your options and approach these issues with confidence.

Our Ontario divorce attorneys are ready to provide the guidance and support you need throughout the process. Contact us today to schedule a free consultation and learn more about how we can help.

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