Murrieta Divorce Attorney

Divorce can be an extremely challenging and emotionally draining process. Between dividing assets and finances and providing 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.

Hire a Divorce Attorney

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. Our experienced Murrieta family attorney can help you understand these complexities and advocate 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 for divorce, 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 joint physical custody.
• 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.

Special Divorce Issues in Murrieta

When divorce involves complex financial, employment, or retirement assets or debt, it may require additional investigation and settlement planning. When dealing with California divorce laws, factors such as military careers, considerable wealth, retirement accounts, and a preceding same-sex union often bring about special issues.

Discussing these concerns early allows a Murrieta divorce lawyer to identify how they may impact the division of property, spousal support, child custody, and dissolution judgment.

Murrieta’s population statistics can help provide context for the types of financial and family issues that could come up during divorce. The city was home to about 112,531 residents and a median household income of $116,547 as of the last census. Additionally, veterans make up 9.1% of Murrieta’s population, nearly double California’s rate of 4%

Military Divorce Near Murrieta

Active-duty service members, veterans, and military spouses living near Murrieta may face unique issues during divorce because of their prior or current service. Camp Pendleton is southwest of Murrieta. While military divorce is still subject to California law, certain federal statutes can impact a divorcing service member’s legal rights.

Title 10 of the United States Code Section 1408, known as the Uniformed Services Former Spouses’ Protection Act or USFSPA, allows state courts to treat military retired pay as community property divisible under state law.

Many people believe that if you do not meet the requirements of the USFSPA’s 10/10 rule, the court can’t divide military retirement pay. This is false. Essentially, the federal 10/10 rule only addresses whether an eligible ex can be paid military retired pay directly by the Defense Finance and Accounting Service. The court can still divide military retirement according to state law regardless of whether the parties meet the 10/10 rule.

Deployments and military commitments can also require special considerations for child custody and visitation schedules. Parents may need to account for potential deployments, military training, temporary duty assignments, or a service member’s spouse’s return from deployment during the divorce.

Military families that live in Murrieta must consider how a permanent change of station from base housing or adjustments to a military housing allowance may impact their finances and children after divorce.

High-Asset Divorce & Complex Property in Murrieta

High-asset divorce cases frequently require more extensive financial investigation than simply dividing bank accounts and property. Businesses may need to retain a professional to establish value, particularly if one spouse owns a closely held corporation or professional practice. Additionally, high net-worth couples may own:

• Multiple properties
• Homes
• Rental properties
• Investment accounts
• Significant bank accounts
• Collectibles

These values must be determined, or their community property status is in question. Hidden assets are another issue that can arise during divorce. Records may need to be investigated to understand the full extent of the marital estate.

Retirement accounts are one asset many spouses want to understand in detail. California courts may divide many forms of retirement benefits according to California Family Code § 2610.

Qualified Domestic Relations Orders, more commonly known as QDROs, may be needed to split certain employer-sponsored plans. QDROs contain precise wording and procedures crucial for securing each spouse’s portion of a retirement fund. A lawyer with experience drafting QDROs can help protect your rights.

Gray Divorce for Couples Over 50

The prospect of starting over can make divorce look very different for couples over 50. Retirement planning often becomes a primary concern for older couples going through divorce, as their remaining working years are insufficient to fully replenish lost savings.

Pensions, retirement accounts, investment accounts, and other savings can represent significant portions of the marital estate. Some retirement accounts are eligible for division by a California court and should be analyzed during this process. Because most people enroll in Medicare at age 65, divorcing spouses may also need to consider how their divorce may impact health insurance and future Medicare plans.

As with pensions, divorcing spouses should understand that Social Security benefits are governed by different laws than California property division statutes. A person may qualify for Social Security benefits based on their former spouse’s record if their marriage lasted at least 10 years and other eligibility requirements are met. Divorced spouses can receive benefits without impacting their former spouse’s own benefits.

Same Sex Divorce

Same-sex couples follow California’s standard divorce procedures and are subject to the same laws regarding property division, support, and custody. Couples who have been together for many years before same-sex marriage was legalized may find themselves with complex property issues.

Many same-sex couples were able to enter domestic partnerships before same-sex marriage became legal. Parties who were married outside of California may also need to consider their date of legal marriage in California. Discussing the timeline of a relationship with a lawyer can help same-sex divorcing couples identify assets that may be characterized as community property.

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.

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 known as spousal support, is a complex court-mandated decision in Murrieta, CA that requires one spouse to provide financial assistance to the other spouse after a divorce.

Temporary alimony makes sure each party can 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 a percentage of the spouse’s net monthly income of the higher earner and a percentage 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 in California comes to an end at some point. 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.

FAQs

Do I Have to Be Separated Before Filing for Divorce in California?

No, you do not have to be separated before filing for divorce in California. California divorce laws allow spouses to file for divorce without living separately for any required period. However, the date of separation can play a crucial role in determining whether certain income, assets, or debts are considered community property or separate property.

What Happens to Debt in a California Divorce?

Like assets, debt is divided during divorce. For example, debt accumulated during marriage is often deemed community debt. However, some debts established prior to marriage or following separation might be classified otherwise. Mortgage debt, credit cards, personal loans, taxes, and other liabilities should be identified and addressed prior to dividing the marital estate.

Can I Date While My Divorce Is Pending?

Dating during divorce is not prohibited under California law. In addition, because California operates under no-fault divorce, infidelity generally plays no role in the court’s decision to grant a divorce. Still, dating can lead to practical complications depending on the circumstances of your case. If you have children, shared finances, or disputed expenses, a new relationship can further complicate the situation.

What Happens if My Spouse Hides Money During Our Divorce?

If your spouse hides money during divorce, they could be legally responsible for the deception and could face penalties. Uncovering deceit could require a close examination of tax filings, bank records, company documents, real estate details, and other financial data. Courts may penalize parties who violate disclosure requirements or fiduciary duties to the other spouse.

Where Are Divorce Cases for Murrieta Residents Handled?

Divorce cases for Murrieta residents are handled by the Riverside County Superior Court. Family law cases in Murrieta are predominantly managed by the Southwest Justice Center, situated at 30755-D Auld Rd, Murrieta, CA 92563. However, parties should confirm their case is in Murrieta on their court documents before appearing in court. Contact a Murrieta divorce lawyer who can provide local legal representation throughout Riverside County.

Hire 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 The Law Offices of Michelanne Hrubic to hire a divorce attorney and schedule a consultation with our team. We provide the personalized, one-on-one attention that you deserve. Let our knowledge and experience give you the confidence you need to face the legal road ahead.

Murrieta, California Divorce Related Resources:

• California Divorce Process
• How Long Does It Take to Get a Divorce in California?
• California Divorce Facts You Need to Know
• Most Dangerous Divorce Mistakes
• Mistakes to Avoid During the Divorce Process
• Three Grounds for Divorce

Murrieta, California Divorce Legal Resources

• Superior Court of California, County of Riverside – Southwest Justice Center (30755-D Auld Road, Murrieta)
• Superior Court of California, County of Riverside – Family Law Division
• California Courts Self-Help Guide – The Divorce Process, Step by Step
• Social Security Administration – Family Benefits, Including Benefits for Divorced Spouses
• Murrieta Police Department – Records Unit for Police Reports and Records Requests