Getting a divorce is a difficult process that is emotionally overwhelming and legally confusing. Divorces usually include other legal disputes, such as child custody, alimony, and property division. Each of these has the potential to be contentious and upsetting for all involved parties. When you work with an experienced divorce attorney for your separation, you can feel confident that your interests are protected. An attorney can help you through all aspects of a divorce and help you reach the most favorable outcome for your Corona, CA family.
The outcome of a divorce case can change a family’s entire life. It’s essential that you work with an attorney who understands both the needs of your family and the complex legal requirements of a divorce case. At Najera Law Group, P.C., we believe in compassionate legal support and have worked to represent individuals in family law cases for 19 years. Our firm has worked with families and individuals going through complex divorces and understands how hard these cases are for everyone involved.
A divorce or separation involves several other complex legal cases that require negotiation or litigation. Depending on the divorce, the proceedings may include:
Each divorce has unique needs. The attorneys at Najera Law Group, P.C., make time to ensure that we understand the unique needs of your divorce.
To file for a divorce, you have to be eligible to receive one in California. California is a no-fault divorce state, which means that you don’t need to state a reason or justification for divorce other than irreconcilable differences or mental incapacity. The state residency requirements for getting a divorce are:
One or both spouses must meet these requirements. If you don’t, you can’t file for a divorce until you meet those timeframes. Once you do file for divorce, it can’t be finalized until you and your spouse have completed the 6-month waiting period. This is true whether your divorce is settled through mediation or litigation.
Whether a divorce is uncontested or contested depends on whether both parties can agree on the essential aspects of the divorce.
An uncontested divorce means that spouses can agree on aspects such as property division and child custody outside of court through mediation and negotiation. This process is faster, less stressful, and not as expensive as going through litigation. A divorce attorney can mediate the discussion and review a final separation agreement to see if it’s fair.
A contested divorce means that a couple cannot agree about the terms of the divorce. In some cases, couples tried mediation and were unable to agree on all aspects. They may only need to litigate parts of the divorce, rather than all aspects. In other cases, couples were unable or unwilling to mediate, and the entire divorce process is conducted through court proceedings. One party may not want a divorce at all, so it becomes a contested divorce. Contested divorces take longer and are more expensive. Both parties have to attend multiple court dates before the divorce is finalized. If your divorce must be settled in court, you want an attorney advocating for your interests to the judge.
A divorce is stressful and comes with legal requirements and deadlines that are difficult to meet. An attorney can help the process go smoothly and ensure that the usual legal aspects of a divorce are handled. Your attorneys can:
A divorce attorney can also help with other aspects of your case:
Legal support from an attorney can ease part of the overwhelming stress of a divorce.
It can be helpful to understand the legal process of divorce. Although each divorce is unique and has individual requirements, an average divorce follows these steps:
A Corona divorce lawyer commonly charges an hourly rate. A family law attorney in California charges an average of $363 an hour, but this can range anywhere from $200 to $500 an hour or even higher. An attorney’s rate depends on:
It’s important to always discuss fees with your attorney prior to hiring them so they can help you understand the cost of your specific case. It’s important that you can afford an attorney throughout the process of your divorce.
The filing fee for a divorce petition in California is $435 to $450. This fee may be waived if you are unable to pay it and meet one of the following conditions:
There are additional court costs for a contested divorce as well as significantly higher legal costs. An uncontested divorce is less expensive, but there are also mediator and legal fees.
California is a community property state, which means that all marital property is split 50/50 if the divorce enters litigation. Only marital property is split, however, not separate property. Whether assets are considered separate or community depends on when the asset was obtained. Assets gained prior to marriage are usually considered separate property. Assets gained during a marriage are usually marital property. The court assumes this to be the case unless one party proves why an asset should be categorized differently. Knowing what assets are marital and separate is important to ensure that each party gets their half of community property.
If a couple wants a divorce and has been married for less than 5 years, they may qualify for a summary dissolution. This is a faster and easier way to end a marriage or domestic partnership. There is less paperwork and it’s less costly. To get a summary dissolution, a couple must generally meet the following criteria:
At Najera Law Group, P.C., we want to bring you the compassionate and focused legal care you need. Contact our team today to see how we can help you.