Divorce is one of the most challenging life transitions you may face. Deciding to end a marriage is never easy. Consulting with a skilled Eastvale, CA, divorce lawyer can help address your worries over the future and help you plan for a divorce that protects your best interests and the welfare of your children. Understanding the California divorce process can provide clarity during this stressful time. Though you may not feel like it right now, hope is around the corner.
At the Law Offices of Michelanne Hrubic, our knowledge of California divorce laws, combined with our mediation and litigation skills, our trusted team of family law attorneys can help you navigate the complexities of a dissolution of marriage with confidence. We are compassionate, never forgetting the very real emotions that a divorce creates. We’re here to listen, to advise, and educate you, every step of the way.
No one goes into marriage thinking they will face divorce, but statistics don’t lie. While the divorce rate has been declining in California, in 2024, in Riverside County alone, over 100,000 marital cases were brought before the Superior Courts.
Some factors can make a divorce more likely, including substance use issues, domestic violence, unemployment, and infidelity. However, California is a no-fault state, which means that neither spouse must prove wrongdoing to petition the courts for a divorce. If your situation involves safety concerns, we can advise you on about domestic violence in California and how to seek protection.
Most marriages in California end due to irreconcilable differences. This means there is no possibility for both parties to resolve their differences to save their marriage, and the marriage ends by mutual agreement, overseen by the courts.
To file for divorce in California, at least one spouse must reside in the state for at least six months before the filing date, and one spouse must fulfill at least three months of residency within the county where the dissolution is filed.
Most divorces in California follow the same process:
While it is possible to petition the courts for divorce in California without legal representation, it’s not advisable. Even though California is a no-fault state, laws can be rigid, and once a judgment is granted, it can be challenging to dispute or modify a divorce decree.
You may feel you can negotiate custody and financial arrangements on your own, but there’s no guarantee your spouse will cooperate. Hiring an Eastvale divorce attorney can prevent costly mistakes and protect you and your children from the repercussions of a high-conflict divorce case. Attorneys help clients gather evidence, organize records, and advocate for them during divorce proceedings to help ensure the optimal outcome for you and your family.
If you are a parent, you may be worried about the effects of divorce on your children. The emotional, physical, and financial well-being of your children is of utmost importance to the courts as well. Divorce laws in California require a parenting plan agreement, in which both parents must contribute details about visitation, medical and dental care, and financial support for their minor children.
At the Law Offices of Michelanne Hrubic, our Eastvale lawyers are skilled in custody negotiation and can help ensure a fair and reasonable outcome for you and your children when it comes to custody and child support determinations. We can also provide guidance on what the most common custody arrangement in California looks like for families in our area.
The length of the divorce process varies according to several factors. California Family Code 2339 mandates a minimum waiting period of six months and one day from the date of service, to allow for a “cooling off period.” For more context, you can read about how long it takes to get a divorce in California depending on your specific circumstances.
After six months, an uncontested divorce can be finalized quickly. Contested divorces can take much longer, but having a knowledgeable legal team on your side can help expedite the process through conflict resolution and mediation. Our team can also help you understand what is the easiest way to get a divorce in California if both parties are in agreement.
In California, the cost of a divorce lawyer depends on the lawyer’s level of experience as well as the complexity of the case. Most divorce attorneys collect a retainer before agreeing to represent a client, and attorney fees are calculated on an hourly rate. Other costs can include filing fees, which could range from $435 to $450 in Riverside County, service fees, and mediation services. Scheduling a consultation with an attorney is optimal to determine the potential cost of your divorce.
California is a community property state, which means that all property acquired during the marriage is to be divided equally in the event of a divorce. Regardless of gender or employment status, each partner in the marriage might be entitled to spousal support, also known as alimony, and/or child support, depending on their income and the parenting plan/custody agreement.
Unless a pre-nuptial agreement exists, any property or debt acquired during the marriage is considered community property and must be divided equally, 50/50 between the parties. However, property and debt acquired before the marriage, or as a gift or inheritance, are considered separate property, and your spouse will not get a share in the divorce.
If you and your spouse have been married for less than 5 years, have no children together, and meet the financial requirements, you may file for a summary dissolution. A summary dissolution is faster and less costly than a standard divorce, but certain criteria must be met. A consultation with a California divorce attorney can help you determine whether a summary dissolution is an option for your situation.
We can address all your divorce-related questions. Contact our client-focused team at the Law Offices of Michelanne Hrubic today to schedule your consultation.
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