Ending a marriage is always a complex process, and every couple that goes through a divorce will have unique challenges they face during their proceedings. Divorce is much more than just ending a marriage contract; it is also the legal process of dividing the couple’s shared property and debts. If they have children, they must also determine custody and visitation rights. Ultimately, every couple will have a unique experience with the divorce process, and it’s vital for every spouse beginning this process to have legal counsel they can trust.
The Rancho Cucamonga divorce attorneys at All American Law offer more than 30 combined years of experience handling complex California family law cases, including divorces. Regardless of whether you and your spouse are amicable toward one another or incredibly hostile, both of you require legal counsel to navigate the divorce process as smoothly as possible. Our team can represent you through every phase of divorce and help you make informed choices about each step of the process.
You might think you can handle your divorce without legal representation and save money on legal fees. Divorce is likely to pose significant financial challenges that persist for years to come, so it’s natural to be hesitant about investing in legal representation. However, it’s vital to understand that divorce is more complex than many people realize. You could encounter issues you don’t know how to address adequately, and it’s possible for any divorcing spouse without legal counsel to make critical errors that significantly extend their divorce proceedings or generates poor results.
It’s vital to secure a divorce order that suits your needs and goals. The best way to accomplish this is by hiring an experienced Rancho Cucamonga divorce attorney who can provide individualized legal representation through all of your divorce proceedings. The attorneys at All American Law will carefully review the details of your situation, help you identify the factors most likely to present challenges or opportunities during your divorce, and provide ongoing support as you complete the dissolution process.
California enforces relatively strict legal statutes concerning divorce, namely the mandatory six-month waiting period and the state’s community property law. No matter what your divorce entails and how agreeable you and your spouse are about the terms of your impending divorce, the absolute soonest the court will grant your divorce order is six months from the date the original divorce petition was filed. In many cases, it’s possible for divorcing spouses to resolve their outstanding issues and reach mutually agreeable terms before this six-month waiting period concludes. If divorce proceedings take longer, the couple can finalize their divorce once they resolve their terms.
Property division is likely to be one of the most contentious aspects of a California divorce. The state’s community property law dictates that all marital property must be evenly divided between divorcing spouses. No matter what the underlying cause of the divorce may be, California is a no-fault state for divorce, and divorcing spouses should expect to divide all their marital property as evenly as they feasibly can. Many people don’t realize that almost all property obtained during a marriage is considered community property. This means that despite who purchased or used an asset the most, the property belongs to both parties. An experienced Rancho Cucamonga divorce attorney can help clients gather all the documentation and financial records they will need to provide to the court, such as an inventory and valuation of all of their assets, to complete property division proceedings according to state law.
If you and your spouse have children, you will need to settle custody during your divorce. This can be incredibly challenging for any parent. The California family court system has a legal duty to ensure the best interests of any children a divorce will affect. However, the state’s interpretation of what would best serve a child’s best interests may not always align with a parent’s preferences. Your Rancho Cucamonga divorce lawyer will be instrumental in helping you make a strong case for child custody.
You should also prepare for the possibility that you will need to return to family court in the future to address issues with your divorce order. For example, if you are required to pay child support and encounter an unexpected life event that influences your ability to make your payments, you may need to petition the court for a modification to your child support agreement. Having an experienced attorney familiar with your case can be an incredible asset if you ever need to return to family court regarding your divorce order.
When most people think of divorce, they imagine heated court battles, but the reality is that many divorcing couples resolve their dissolution proceedings outside of the courtroom. Alternative dispute resolution, specifically divorce mediation, has grown increasingly popular throughout California due to the significant savings of time and money it can offer to any divorcing couple. Instead of enduring protracted litigation, divorcing spouses can meet privately to negotiate their divorce terms to reach an agreement that is fair to both parties.
Mediation will unfold under the supervision of a mediator, a neutral family law professional who helps the divorcing couple draft their divorce order. Each spouse should have legal representation throughout this process, but it’s possible to have your Rancho Cucamonga divorce lawyer attend some or all of your mediation sessions. As long as you and your spouse are willing to engage in constructive negotiation, it’s possible to resolve your divorce more quickly than you initially expected. You are also more likely to reach more agreeable terms than what a family court judge would have delivered. When you litigate a divorce, the judge has the final say on every aspect of the case.
A retainer fee is a fee paid upfront to secure the services of a lawyer. In California, clients can expect to pay a divorce lawyer between $3000 – $5000 for the initial retainer. At All American Law, we understand choosing an attorney can be a difficult part of the divorce process. We are happy to offer our clients a free case review so they can evaluate our expertise and learn how we can help before we ask for any payments.
This is a difficult question to answer, as self-representation could go several ways. In the best-case scenario, going through a divorce without an attorney could lead to fewer legal fees; you could potentially get exactly what you want in the divorce if you and your spouse are splitting amicably. You will also need an understanding of the legal processes and procedures required to file for divorce.
On the other hand, not obtaining the support of an experienced divorce attorney could lead to you losing in a court battle if your spouse has skilled representation that builds a case against you. This could result in you owing spousal support or not getting what you want in the property division process. Even in the most amicable of splits, seeking legal support is wise to avoid spending more time and money than necessary in the process.
The cost of a trial can range significantly depending on how long it lasts and how much battling goes on during the trial between parties. The financial situation of each spouse also can play a factor when it comes to the cost of settlements, child support, and alimony. Since California has a higher cost of living, the cost of divorce is also higher than the national average. Couples with children who divorce in California end up paying an average of $26,00 for divorce, while childless couples average $17,500 in costs.
If you and your ex agree on the dissolution and can agree on the terms of your divorce independently, you could potentially only pay the $435 filing fee to make the divorce legal and official. A couple must meet certain requirements to file this way, such as not sharing underage children, having combined assets valued less than $43,000, neither of you asking for alimony, and others. The support of an attorney is helpful even when divorces are uncontested to ensure the correct process and paperwork are being completed that apply to your specific situation.
Whether you believe alternative dispute resolution is possible for your situation, it’s best to approach the divorce process with legal counsel you can trust on your side. The Rancho Cucamonga divorce attorneys at All American Law are ready to provide the comprehensive legal support you need to approach your divorce with confidence. If you’re ready to discuss your case with an experienced and responsive legal team, contact All American Law today to schedule your consultation with a Rancho Cucamonga divorce lawyer.