Divorce Lawyers Rancho Cucamonga
Here for You Every Step of the Way
In California, seeking a divorce can be complicated. Not only do these matters require that you fill out various forms and ensure you meet obligations and deadlines, but you are also dealing with an emotionally fraught situation that affects many factors of your life. Although the process may not be easy, having a Rancho Cucamonga divorce lawyer on your side throughout can make navigating the complexities a bit smoother. A family attorney can discuss your obligations and legal options, as well as the steps involved.
At Newman & Allen, our Rancho Cucamonga divorce lawyers are sensitive to the emotional nature of divorce cases and will handle your matter with the care and confidentiality it deserves. We have over 40 years of combined experience and are well-versed in family law. While the processes of divorce matters might be similar, we also recognize that each is unique, and we will develop solutions for your specific needs.
What Are the Residency Requirements for Getting a Divorce in California?
Before you can file for a dissolution of marriage in California, you must ensure that you meet the residency requirements. You must have lived in the state for 6 months and in the county where you are submitting your petition for 3 months. If you don't meet requirements, you might need to seek a legal separation and then wait to file for divorce once you have been in the state or the county for the necessary amount of time.
What Is California's Divorce Process?
The first step in seeking a divorce in California is filling out the necessary forms. There can be many, especially if you need child or spousal support, child custody, and property division determinations.
Also, you must ensure that each document is complete and accurate before you turn it in to the court. The information contained can have profound impacts on the results of your case. Thus, it's necessary to have a legal representative look over the forms before you submit them. At Newman & Allen, our Rancho Cucamonga divorce lawyers are detail-oriented and can thoroughly review your divorce papers to ensure there are no errors.
After you've filled out the forms, you must submit them to the court. Then, you must "serve" them to your spouse. This requires that an adult, other than yourself, delivers the documents. Once your spouse receives the papers, they have 30 days to respond.
The next step requires that you and your spouse provide your financial records. This is referred to as "disclosure" and is necessary to ensure that the court divides property fairly. Financial disclosure can be an arduous task. Our attorneys can help ensure that you've accounted for everything you owe and own.
Divorce vs. Legal Separation in California
The big difference is in the permanence of your decision. When you separate legally, you can live and act as separately but at any point join back together as a married couple. However, after you divorce, that is final and you are single.
Is California a No-Fault Divorce State?
California is a no-fault divorce state, which means that either spouse can file for divorce without proving that the other spouse is responsible for the marriage breakdown. In California, the only ground for divorce is irreconcilable differences, which means the marriage has broken down and cannot be saved. This makes it easier for couples to divorce without needing a trial or a lengthy legal battle to prove fault. However, disputes over property division, child custody, or other issues may still need to be resolved in court or through mediation.
Grounds for Divorce and Requirements in California
- Irreconcilable differences which have caused the irremediable breakdown of the marriage
- Incurable insanity, according to California Family Code Section 2310.
Divorce Negotiations in California
If you and your spouse disagree on issues regarding the divorce, you must enter into negotiations. The process involves determining matters such as child custody, child support, spousal support, and property division. This can be the most contentious step in the process, and it may be challenging handling negotiations on your own, especially when your emotions are heightened. At Newman & Allen, our lawyers are skilled negotiators and can work toward a favorable result for you.
If you're unable to resolve your case through negotiations, it may need to be taken to court. Our attorneys have litigated numerous matters, and we can cogently and persuasively present your arguments in front of a judge.
Spousal Support Lawyer Rancho Cucamonga
Another aspect of divorce in California may include spousal support, also known as alimony. This is where the court may order a spouse to pay the other a certain amount of support money each month under certain circumstances. What a judge must consider when determining if a spouse must pay spousal support/alimony is the earning capacity of the other spouse and the standard of living during the marriage or partnership. Contact our Rancho Cucamonga spousal support attorneys to learn more.
Divorce Lawyers Near Me in Rancho Cucamonga
At Newman & Allen, we understand the challenges of going through a divorce, which is why we will provide the compassionate guidance you need throughout your case. We will remain focused on your needs and best interests. Contact our Rancho Cucamonga divorce lawyers today!
Jc takes personal interest and she fights for you as if you were a part of her own family!
“She answered all my questions and thoroughly explained every situation 4 times a day if I needed it. Jc always made me feel comfortable and was just a call away.”
Genuinely cares about his clients and their families.
“You will be choosing someone with extensive knowledge and expertise who genuinely cares about his clients and their families.”
Very friendly and helpful and immediately put me at ease.
“I felt very comfortable during my consultation, it was straightforward and professional. If you are in need of an attorney I would definitely recommend setting up a free consultation.”