Fighting To Protect Your Rights And Interests
Guiding You Through The Dissolution/Divorce Process
Divorce is one of the most difficult situations a person will go through. During this stressful time, you may not be best equipped to make life-changing decisions for yourself and/or your children. We dedicate our time to help you through these challenging times and educate you on the law so your rights are protected and your assets are preserved. California is a no-fault state. This simply means that the spouse filing for divorce does not have to prove the other spouse did something wrong.
There are many complex issues involved in a divorce. California is a community property state, which means that any asset acquired or income earned during a marriage belongs to both spouses. Separate property occurs when it is an asset acquired or income earned before the marriage or asset obtained during the marriage by inheritance or gift. There are exceptions to the separate property rule including when a spouse co-mingles the property with community property. That’s why it is important to have a knowledgeable and skilled attorney. We work vigorously to ensure you receive what you are legally entitled to.
Why You Should Choose Michelanne Hrubic as Your Riverside Divorce Attorney
If you need a dissolution attorney in Riverside, California, it is important to find one with the experience to guide you to a positive result when ending your marriage. Attorney Michelanne Hrubic has extensive experience in both civil and criminal law and strives to offer every client the most comprehensive legal representation possible. Our legal team takes time to get to know you and your situation, so we have as much information as possible on our side.
We offer free initial consultations to potential clients so they can get to know our firm and our approach to divorce cases in the Riverside and San Bernardino areas. California’s divorce laws are flexible in some ways and rigid in others. We strive to help every client fully understand the process so they can approach it with greater confidence.
What to Expect from Divorce in California
California does not require divorcing spouses to provide a specific reason for ending their marriage. Irreconcilable differences can be enough to justify a divorce in California. While it may be simple to get the process started, finishing it can be difficult. The complexity and time required for a divorce depends on several factors, but the most important are the couple’s children and assets. These are the two areas of divorce that tend to generate the most contention and hostility, so having the right attorney on your side can be a tremendous help during a difficult process.
In California, a couple may agree to file for divorce jointly or one spouse may serve the other with divorce papers. In either case, the couple must eventually agree to a divorce settlement. If the couple has children together, they must determine a custody arrangement that serves their children’s best interests. The court in California has a duty to rule in favor of a child’s best interests when it comes to custody hearings, so parents going through the divorce process must remember this when it comes time to argue their cases for custody.
Child Custody in California Divorce
At the Law Offices of Michelanne Hrubic, our team knows how difficult divorce can be on kids. Parents have financial and emotional obligations to their children. We work hard to ensure fair and reasonable outcomes when it comes to child custody and child support determinations in California. Our ambition is to ensure your children have the safest and most constructive custody arrangement that incurs minimal disruption to their daily lives.
Child custody and child support determinations typically go hand-in-hand with divorce proceedings. In most cases, the custodial parent will receive child support from the noncustodial parent, but support arrangements typically hinge on the income of each parent. For example, if the custodial parent earns substantially more income than the noncustodial parent, the noncustodial parent may not need to pay child support. This ultimately comes down to either a mutual agreement reached through mediation or the court’s ruling on the divorce.
Another hotly contested area of divorce in Riverside, San Bernardino and throughout California is property division. California follows a strict 50/50 rule when it comes to community property in divorce. California state law defines “community property” as any assets gained by a couple throughout the course of their marriage. Each spouse may also have “separate” property that belongs to them individually. Separate property generally includes possessions owned prior to the marriage as well as gifts and inheritance received from other family members. As long as a spouse does not commingle these assets with shared assets in the marriage, they will remain separate property in divorce.
At the Law Offices of Michelanne Hrubic, we know how important your assets are, and we will work closely with you to determine your best available options for protecting your property and ensuring a fair property division process in your divorce proceedings.
Timetable for Divorce in California
One of the most important issues for many people headed for divorce in California is the time required to complete a divorce. On average, it takes over one year to completely finalize a divorce in California. However, unique factors such as children, high-value assets, and whether the spouses contest the divorce can cause these proceedings to last much longer in some cases. Hiring a divorce lawyer in Riverside, California can significantly speed up the process and ensure protection of your rights throughout all of your divorce proceedings in the Riverside and San Bernardino areas.
If a divorcing couple can reach agreeable terms through mediation, the divorce will not need to proceed to a trial and will generally proceed much faster. The divorcing spouses must determine a fair and reasonable set of terms for property division as well as a child custody schedule. In some cases, a divorcing couple may “bifurcate” the divorce process. This allows the court to rule on the marital status and approve the divorce without making a ruling on the more complex issues such as child custody and property division. If one of the spouses wishes to remarry or complete a “single” tax filing for that year, these are good reasons to push for bifurcation.
Contact Our Lawyer For All Of Your Family Law Needs
We are here to help resolve all of your divorce-related issues. Call us at 951-888-1574. You may also contact us online and we will be in touch with you as soon as possible. From our offices in Riverside, we provide legal counsel to people throughout Southern California.