No one expects their marriage to end, but many couples facing irreconcilable differences find that divorce is the best solution for their family. Dissolving a marriage can be difficult for all parties, and the psychological impact of divorce often mirrors the five stages of grief as the couple mourns the loss of the relationship.
During such a stressful time, it can be challenging to understand your options and far too easy for emotions to cloud your judgment. To avoid further disruption of the family and reach a quick resolution, some individuals make rashdecisions without fully considering the long-term consequences. Unfortunately, these decisions can have far-ranging effects on everyone involved, especially children.
If you are filing for divorce, or you have been served divorce papers by your spouse, retaining legal representation immediately is crucial for achieving a favorable outcome in your case. Before a judge grants your divorce, you will be required to reach an agreement on several challenging issues, including how to divide your property and determine who will obtain custody of your children. Having a Corona divorce attorney on your side from the very beginning ensures you can protect your rights, safeguard your interests, and begin your new life with confidence.
While some couples recognize early on that they need legal assistance with their divorce, others believe they can handle a divorce themselves. However, this is rarely recommended. Understanding the state laws that govern divorce and effectively navigating family court is incredibly challenging for non-legal professionals, and the situation can rapidly become contentious. Regardless of whether your spouse has retained their own attorney, securing your own legal representation is crucial to making the most informed decisions for your future. An attorney can serve as your most important ally during this emotionally charged time and advocate on your behalf throughout the entire divorce process.
A family law attorney can explain your legal rights and obligations, identify the most important issues in your divorce, review any potentially negative impacts of certain actions, and help you determine the best strategy for dissolving your marriage. They can handle all the technical aspects of your case, such as gathering all evidence and documentation you need to share with the court, accurately preparing your divorce petition, and filing all necessary forms with the appropriate offices at the right time. You may thinkyou can fill out a divorce petition on your own, but making seemingly minor mistakes or overlooking certain procedural details at any pointcan cause significant delays in your divorce or undermine your interests.
Legal representation is a good idea for all couples, as it can streamline the divorce process and protect you from unpleasant surprises. However, hiring an attorney becomes especially crucial in a contested divorce, meaning both parties cannot agree on terms of the divorce order. An attorney can give you a realistic idea of what to expect from your divorce, represent you during settlement negotiations, and confirm that the court thoroughly reviews and considers all information in your favor before making any rulings. Because attorneys have extensive networks of professional experts, they can also coordinate testimony from forensic accountants, property appraisers, child custody evaluators, or other specialists to support your case.
Thousands of family law attorneys practice in California, and selecting the right attorney can be challenging. The Corona separation lawyer you choose can significantly affect the outcome of your case, so you need an attorney with the experience, skills, and resources to deliver the best results. Michelanne Hrubic offers extensive experience in civil and criminal law, and her in-depth knowledge of the California court system means she can provide every client with the most comprehensive, individualized representation possible.
Michelanne Hrubic recognizes that divorce is never easy and is dedicated to protecting her clients with compassionate yet aggressive legal representation. With her help, you gain valuable peace of mind that you can achieve your goals and obtain the outcome you deserve.
California is a “no-fault” divorce state, meaning divorcing spouses are not required to cite specific reasons for ending their divorce. They must simply declare that “irreconcilable differences” have caused the breakdown of the marriage and that at least one party has no desire to seek any further attempts for reconciliation.
The two other grounds for divorce in California are:
To qualify for a divorce, at least one spouse must have resided in the state for a minimum of six months before filing the divorce petition and in the county for at least three months. Couples may agree to file for divorce jointly, or one spouse can serve the other with divorce papers that state the factual and legal grounds for the divorce. After the Petitionerfiles the petition with the court, a copy is served on the defendant (called the Respondent), and they have 30 days to file a response. This serves as their formal answer to the petition and signifies that they want to participate in divorce proceedings. If the Respondent does not answer within this time, the case will proceed without their participation.
After the response, both parties exchange documentation relevant to the case, including financial disclosures and information about income and property. Interrogatories ask the spouses to answer questions, and they may also be deposed, along with other witnesses. If the defendant did not file a response, the Petitioner prepares a judgment with their requests for property division, child custody and visitation, child support, and spousal support. The Petitioner then submits the judgment to the court.
When both spouses participate in the divorce, the court will typically schedule a mandatory settlement conference to give the parties an opportunity to settle the case. Any assets or debts acquired by a couple during the marriage are considered community property and subject to equitable division. Separate property consists of any assets one spouse owned before the marriage and gifts or inheritances received from family members. If the couple shares children, they must also determine a custody and visitation arrangement. The judge will make a final determination about whether it serves the best interests of the child. This means ensuring the child has a healthy, stable home life, receives the care and guidance they need to thrive, and can maintain frequent, continual contact with both parents.
If the spouses can reach a fair, reasonable agreement on all issues, their Corona divorce lawyers will draft a marital settlement agreement and a judgment. If they are not successful in reaching a full agreement, the case is set for trial. At trial, the attorneys will present evidence, arguments, and witness testimony; then, the judge will make an order about the contested issues. The attorneys review the judgment, the judge signs it, and the divorce is final. It is possible to modify certain court orders, but this requires filing a petition for modification and obtaining approval from the court.
The average amount of time to completely finalize a divorce in California is more than one year. Contested divorces take longer than uncontested divorces, and the number of issues the couple disagrees on impacts the length of the case. Children, high-value assets, family businesses, and other complicated matters can cause the proceedings to last longer.
If the couple can reach a divorce agreement on their own or through mediation, the divorce can be granted without a trial and can proceed much faster. In some cases, a couple may be eligible for summary dissolution, a streamlined process for obtaining a divorce that does not require a trial or hearing, but they must meet certain criteria for this option. An attorney can help you determine if you qualify.
Divorce can be an extremely confusing, frustrating, and overwhelming experience, but you don’t have to face it alone. Corona divorce attorney Michelanne Hrubic can help you understand your legal rights, explain your options for dissolving your marriage, and select the best approach for your unique circumstances. With a proven track record of excellent results, Attorney Hrubic represents clients in Corona,other areas of Riverside County, and throughout Southern California. She understands the emotional and legal complexities involved in divorce cases and is committed to working hard on your behalf to deliver the best outcome for your family.
When you need compassionate, dedicated legal representation, you can count on the Law Offices of Michelanne Hrubic. Contact us today for the legal counsel you need to protect your future.
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