Moreno Valley Divorce Attorney

Getting divorced is a significant event in a person’s life. Whether you have been preparing for divorce for a while or have made a more sudden decision, it’s easy to feel overwhelmed by the divorce process. The legal logistics alone can be incredibly intimidating. Fortunately, you do not have to navigate your divorce alone. As with all family law matters, having the help of a trusted Moreno Valley divorce attorney can make the process much more manageable.

Legal support makes sure that you have all of the necessary resources to navigate the court system and proceed confidently through your divorce.

The Law Offices of Michelanne Hrubic: Your Moreno Valley Divorce Attorneys

When it comes to dedicated Moreno Valley family lawyers, no team is better equipped to handle your divorce than our team at The Law Offices of Michelanne Hrubic. We have been supporting divorcing clients for many years, and we have the skills and experience to help you through your changing family dynamic. When you hire a divorce lawyer from our team, you gain a valuable ally ready to help protect your interests.

Our team fiercely advocates for our clients. Whether you are negotiating your divorce settlement, spousal support, child custody, child support, or another part of the divorce process, we are here to make the process go smoothly for you and your family. We are sensitive to the emotions and uncertainty of this time in your life while remaining steadfast in our quest for fair settlements and favorable divorce terms. You can trust us to represent you during this vulnerable time.

Moreno Valley Families

According to the 2024 American Community Survey, Moreno Valley was home to 213,893 residents, making up 56,372 households. Of these households, 56% are run by a married couple, an additional 23% are female-headed, and another 13% are male-headed. During 2024, only 39% of Moreno Valley residents were married, with an additional 7% of male residents and 9% of female residents divorced.

If you are facing a family law issue in Moreno Valley, your case is not handled by the Moreno Valley Courthouse. All family law matters are, instead, handled by the Riverside Family Law Courthouse located in the city of Riverside.

The Divorce Process

Though most people understand the concept of divorce, many do not know what the process entails until they go through it. However, understanding what the divorce process looks like can help you feel more confident as you navigate the legal system. The actual process varies with the type of divorce you are experiencing. An uncontested divorce is a much simpler process than a contested divorce.

Before you start the divorce process, you should verify that you meet the residency requirements to file for divorce in California. To qualify, you must have lived in California for the previous six months and have lived in the same county in California for the previous three months before filing. You should file in the county where you or your spouse currently resides.

Uncontested Divorce

The easiest method for getting a divorce is to go through the uncontested divorce process. If you meet the residency requirements, there are additional requirements to meet to file an uncontested divorce petition. You and your spouse must agree on all major issues, provide accurate financial disclosure forms, and complete the six-month waiting period before the divorce can be finalized.

The types of major issues you may have to consider during the divorce process vary with the specifics of your family. If you have minor children together, you need to create a parenting plan that includes custody agreements, a visitation schedule, and child support payment arrangements. You also have to consider how your marital estate should be divided and whether spousal support payments are necessary.

California recognizes three types of uncontested divorces:

• Summary dissolution is the simplest and quickest method for getting a divorce, but you have to meet additional requirements. For a summary dissolution, you have to have been married for no more than five years, have no children together, own no real estate together, have limited community and separate property, waive spousal support, and sign an agreement on how your assets are to be divided.
• Joint petition for dissolution is the newest type of uncontested divorce in California. This streamlined process allows couples to jointly file a petition for dissolution. This option is open to any couple who has reached an agreement on the terms of their divorce without any additional requirements.
  Couples have to file a Joint Petition – Marriage or Domestic Partnership form. The only limitation is the inability to request temporary orders under this method.
• General dissolution is the traditional method for petitioning for an uncontested divorce. If you and your spouse agree on the divorce, only one spouse has to file the petition, but they do have to have their spouse served with the divorce papers. If both spouses agree on all of the major issues of the divorce, the judge is likely to approve the agreement.

Contested Divorce

A contested divorce is likely to take more time to settle than an uncontested divorce. You still have to meet the residency requirements in the county where you wish to file your petition for divorce, but you do not have to agree on the terms of the divorce with your spouse. If you and your spouse disagree on one or more major issues of your divorce, then you can file for a contested divorce.

It is beneficial to have legal representation regardless of which type of divorce process you take, but it is especially helpful during an uncontested divorce. Your Moreno Valley divorce attorney can help streamline the process, protect your rights, and advocate for your interests during the divorce process.

What a Judge May Do

During a contested divorce, the major issues you are unable to agree on with your spouse can be settled by a judge, but the judge may require that you and your spouse first attempt to reach an agreement through mediation. This requirement is common when the unresolved issues involve child custody, visitation, or support, but it is less common for issues of property division or spousal support.

If you are unable to reach an agreement on one or more issues, the judge can review the facts of your case and make decisions for you. When it comes to child-related issues, the judge makes decisions based on the best interests of the child. For property division issues, the judge divides marital property equally between both spouses. Spousal support is determined by the discretion of the judge based on factors about your marital life.

Dividing Assets

The primary objective of the divorce process is to divide a couple’s assets evenly between them. When a couple gets married, all of the assets and debts that they had prior to the marriage are considered separate property. Any assets that the couple collects during their marriage are considered marital assets. During the contested divorce process, the court must decide who gets which marital assets when the couple splits.

In addition to the assets and debts both spouses had prior to the marriage, some assets acquired during the marriage are also considered separate property. Inheritances, gifts given to only one spouse, some personal injury claim awards, and assets or debts acquired after you are separated can be considered separate property and not subject to division.

Division of assets can happen in two ways. Either the assets can be sold, and the profits split and given to each member of the couple, or each member can get assets that total an equal amount. For example, the couple could sell their house and divide any profits they receive, or one spouse could take the house while the other takes other property that equals the amount that the house is worth.

Child Custody

Another main concern during the divorce process is what should happen to any minor children that the couple shares. There are a few arrangements that may occur, including:

• Joint or shared custody. In these scenarios, the children spend equal time living with each parent.
• Partial custody. In this setup, the children live with one parent most of the time but still spend some time living with the other parent.
• Visitation. For this, the children live with one parent, but the other parent has the right to see them for a certain number of hours per month. The children may not live with this parent but rather simply spend time with them occasionally.
• Sole custody. In this situation, the children live with one parent. The other parent does not have the legal right to see their kids unless the custodial parent allows it.

Within the child custody setup, there are also two types of custody: physical and legal. Physical custody is outlined above and deals with the child or children’s living situation. Legal custody is the ability to make important decisions about the child’s healthcare, lifestyle, etc. Sometimes, parents have physical custody without legal custody. In other scenarios, parents share both legal and physical custody. It is rare, however, for a parent to have legal custody without having physical custody. Because custody arrangements can significantly affect your parenting time, working with an experienced Moreno Valley custody and visitation attorney can help you pursue a fair outcome.

Child Support

Once the court has determined child custody, you may have to negotiate child support. The objective of child support is to make sure that both parents are contributing an equal portion of their income to raising the child or children.

If the children are living primarily with their mother, for example, the mother is inherently spending more of her money to feed, house, and care for the children. In this scenario, the father may be asked to pay child support so that the portion of their income used to care for the children is more equal.

In other scenarios, parents may share child custody, but one parent makes far more money than the other. In these situations, the higher-earning parent may have to pay child support on top of their custody to make the situation more equitable. If negotiations stall, a trusted Moreno Valley child support attorney can help ensure the final arrangement reflects both parents’ true circumstances.

Spousal Support

Another key aspect of the divorce process is determining spousal support. When one spouse earns far more than the other spouse, the high-earning spouse may be asked to pay spousal support, or alimony, to the lower-earning spouse. This is because the lower-earning spouse was depending on the other spouse’s income to survive. This support ensures that they can begin their new life with proper funding.

FAQs

Why Do I Need to Hire a Divorce Attorney in Moreno Valley, CA?

In Moreno Valley, CA, to get your proper share of your marital assets, it is important to hire a divorce attorney to represent you. No matter how amicable your divorce may be, your spouse can take advantage of you. It is the job of your attorney to make sure that you get what is owed to you and that you can begin your new life with a head start.

How Much Is a Moreno Valley, CA, Divorce Lawyer?

In California, the cost to hire a Moreno Valley, CA, divorce lawyer varies with the specifics of your divorce. All attorneys charge differently for their services, so it is important to discuss finances with any potential attorneys before you hire them. If you cannot afford their services, it is better to know early on rather than lose your representation during the court process.

Do I Have to Prove Fault to File for Divorce in California?

No, you do not have to prove fault to file for divorce in California. California is considered a no-fault state for divorce. You are not required to show that one spouse has committed wrongdoing, and you can file even if your spouse does not agree. Fault-based decisions could still be made if they relate to domestic violence or impact the best interests of the child.

How Long Is the Divorce Process in Moreno Valley?

The time it takes to get divorced in Moreno Valley depends on the type of divorce you are filing. A contested divorce typically takes much longer than an uncontested divorce, but both types are subject to California’s six-month waiting period after the petition is filed. If you and your spouse agree on terms, the divorce takes less time than when a judge has to make decisions about your divorce.

Contact The Law Offices of Michelanne Hrubic

When you hire a divorce attorney from The Law Offices of Michelanne Hrubic, our team is here to help you with all aspects of the divorce process. We can make sure you and your family are protected as your situation changes. Contact The Law Offices of Michelanne Hrubic today to schedule your initial consultation.

Moreno Valley, California Related Divorce Resources:

• The Divorce Process in California
• How To File for Divorce in California When Both Parties Agree?
• What Are the Three Grounds for Divorce?
• What Is the Average Cost of a Divorce in California?
• How Long Does It Take to Get a Divorce in California?

Moreno Valley, CA Divorce Legal Resources

• California Family Code § 4320 – Factors Courts Consider When Ordering Spousal Support
• California Courts Self-Help – Divorce in California
• Superior Court of California, County of Riverside – Family Law Division
• Superior Court of California, County of Riverside – Divorce or Separation Self-Help