Murrieta Divorce Attorney

Murrieta Divorce Lawyer

Divorce can be an extremely challenging and emotionally draining process. Between dividing assets and finances or ensuring the safety and mental well-being of children, there are many different factors to consider throughout the proceedings. You do not have to navigate this process alone. With the help of an experienced Murrieta divorce attorney, you can focus on your emotional well-being as we stand by your side along this journey.

Divorce is a complex legal process in general, and no two divorces are the same. It can become very confusing when first understanding your rights regarding finances, spousal support, child custody, and more, all on your own. We can help you understand these complexities and fight for a fair outcome for you and your family.

How Does Legal Separation Differ from Divorce in California?

A legal separation is a formal, legally binding arrangement between a married couple that allows them to live in separate accommodations without terminating the marriage. A divorce discontinues the marriage entirely.

Filing for Divorce or Legal Separation in California

In Murrieta, California, the processes for filing for divorce or legal separation are very similar. Both can be more efficient with the hiring of a California divorce attorney or a California separation attorney. To be eligible to file, either you or your spouse must have lived in California for at least six months and in your current county for the past three months.

California is a “no-fault” divorce state. This means that in California, you do not spend time proving which spouse is responsible for the marriage ending as part of the formal filing process. Additionally, both parties do not have to want the divorce in order for the divorce to proceed.

Rather than revisiting past transgressions, your divorce attorney can work with you on how to move forward. When dissolving a marriage, there are many factors to consider, such as:

• Child Custody: Arrangements made for a child’s guardianship. This includes their housing (physical) and overall decision-making (legal). There are different types of child custody arrangements, including sole legal, joint legal, sole physical, and sole legal.
• Child Support: An order to legally assist with the financial responsibilities associated with raising a child.
• Child Visitation: A limited form of custody that refers to time spent with a child. Supervised visitation is usually ordered when the child’s well-being is at risk.
• Property Division: In California, each spouse is entitled to an equal share (50%) of any joint assets. (Family Code, Section 2550)
• Spousal Support: A mandated payment to help cover the other spouse’s monthly expenses.
• And more.

What Is the Cheapest Way to Get a Divorce in California?

In an uncontested divorce, both of the spouses are in agreement on all issues at hand and file a joint petition to dissolve their marriage. This process is much quicker and a lot cheaper than a contested divorce.

If both parties cannot come to an agreement on one or all issues, then they’d choose what is called a contested divorce. In this scenario, the court gets involved to resolve the issues at hand through divorce mediation, hearings, and a trial if necessary. There are more costs associated with a contested divorce due to court fees and the length of the process in general.

An experienced family law attorney can help you and your family efficiently navigate both an uncontested and contested divorce.

How Much Are Family Law Attorney Fees for Divorce in California?

Hourly attorney fees in California range from $300-$900 but tend to average around $300-$400. These fees vary depending on the attorney’s experience and the services required. Fees for an uncontested divorce can be much less expensive than a contested divorce that involves deliberation and time in court.

A divorce attorney or separation attorney can take a look at the specifics of your case to give a more accurate estimate of your legal fees before getting started.

Can My Spouse Make Me Pay His/Her Divorce Attorney Fees in California?

It is rare for one spouse to be ordered by a judge in California to pay the other spouse’s divorce fees. This usually happens only if there is an issue of 1) disorderly conduct (within the limits of the proceeding itself) or 2) a large disparity of income.

California is a no-fault state, meaning any wrongdoings or misconduct committed by either spouse during the marriage have zero legal influence in the settlement process. One spouse cannot expect the other spouse to pay for their court fees even if that spouse is the “reason” the marriage is ending in divorce.

How Is Alimony Decided?

Alimony is also known as spousal support. Spousal support is a complex court-mandated decision that requires one spouse to provide financial assistance to the other spouse after a divorce.

Temporary alimony ensures each party is able to maintain the standard of living they had during the marriage and expires once the divorce is finalized. The amount awarded is typically determined by calculating the difference between 40% of the spouse’s net monthly income, who is the higher earner, and 50% of the net monthly income of the lower earner.

Long-term alimony is based on several different factors, including how long the marriage lasted and whether or not the couple had children. Other factors include, but aren’t limited to, each spouse’s income, education, earning potential, health, age, debt, etc.

Even long-term alimony comes to an end at some point in time. A judge determines or affirms the support end date based on the divorce agreement between the spouses. In the event that the supporting spouse dies or the supported spouse remarries, the long-term alimony ends.

Consult with a Murrieta Divorce Attorney

Hiring an experienced divorce attorney is the most important step to take if you are contemplating divorce or have already begun. The divorce process is extremely complex during an already emotional time. Having a legal team that is not only well-versed in California state laws but also cares about you and your family is crucial.

Contact Law Offices of Michelanne Hrubic to schedule a consultation with our team. We are dedicated to providing the personalized, one-on-one attention that you deserve.