Norco Divorce Attorney

Norco Divorce Lawyer

Once the decision to legally end a relationship is made, many factors must be taken into consideration. Whether it be child custody, property division, or spousal support, you and your spouse will need to come to a mutual agreement. In emotionally charged situations like divorce or legal separation, making those decisions is easier said than done. A Norco divorce attorney can help you navigate this challenging time.

Uncontested vs. Contested Divorce

Divorces fall under one of two categories depending on how well the spouses are able to communicate and plan for their separate futures together. In an uncontested divorce, both spouses agree on all issues of the separation (child custody, property division, spousal support, etc.), so court-ordered support is not needed.

Together, they’ll file a joint petition to dissolve their marriage and avoid the court processes associated with a contested divorce in Norco, CA. Uncontested voices are less expensive than contested divorces because they are quicker and do not involve expensive court proceedings.

An uncontested divorce, on the other hand, is more common and much more complicated. This form of divorce refers to a situation where both spouses cannot come to an agreement on their issues and need an unbiased mediator’s help to settle their differences on the divorce details. If any issues remain unresolved, a judge will make the final decision in court. This process is longer and more expensive due to legal fees and the time it takes to complete.

Can My Spouse Make Me Pay Their Divorce Attorney Fees in Norco, California?

No, generally speaking, your spouse cannot make you pay their divorce attorney fees. California courts follow a no-fault divorce policy. This means that no wrongdoings or misconduct committed by either spouse during the marriage are admissible arguments in court. Your spouse cannot make you pay for their attorney fees even if they have initiated the divorce or were in the “wrong” during the marriage.

Under California law, there are two exceptions to this general rule:

1. When there is a significant disparity in income between the spouses.
2. When one spouse acts in “bad faith,” which includes hiding assets, withholding documents, or not participating in mediations. This is because these poor actions can make the entire process much longer, resulting in higher fees for the other party.

How Much Will I Have to Pay for My Divorce in California?

The amount you pay depends upon many factors, including:

• Whether it is an uncontested or contested divorce
• The length of time spent in mediation and/or court

Hourly attorney fees in California average around $300-$400, depending upon the attorney’s experience and the services required. A divorce attorney can more accurately estimate your attorney fees based on the specifics of your individual case.

How Is Property Divided During a Divorce?

When a couple divorces, they must agree on how to divide their properties and assets. In California, the 50/50 community property law states that these assets are split equally between spouses. This means that any property, vehicles, real estate, investments, or debt acquired during the duration of the marriage is split 50/50 between the two.

Properties or assets acquired prior to the marriage are not considered community property and, therefore, are not included in the split.

How Is Child Custody Divided During a Divorce in Norco, CA?

California generally follows a 50/50 split in child custody proceedings unless one parent has been deemed unsuitable or unable to take care of his/her children.

Child custody includes both physical placement and legal guardianship for the child. During a contested divorce, a mediator helps work through the arrangements. In cases where mediation is unsuccessful, a judge will determine the child’s best interest.

In California, neither the mother nor father are favored over the other based on gender. The best interest of the child is the judge’s primary focus when awarding custody.

How Is Child Support Decided?

Child support is a legal obligation to financially assist in raising a child. The non-custodial parent is required to contribute financially per the custody agreement between the two parents. There are many factors considered when determining a child support amount, including but not limited to the income of both parents or the number of children shared.

Failure to pay child support is illegal in California. A parent may be found in criminal contempt of court. If a parent believes the amount of child support is unfair, they can apply for a modification to the orders. There needs to be documentable compelling reasons to modify existing orders, and it is wise to get the help of an experienced family law attorney.

Will I Have to Pay Spousal Support?

You and your spouse may come to an agreement regarding spousal support during the mediation process. If not, the court will get involved and make a decision on whether or not to order spousal support.

Spousal Support (alimony) is a court-mandated financial obligation from one spouse to the other after a divorce. This support can be temporary or long-term.

Temporary support lasts until the divorce is finalized and ensures each party is able to maintain the standard of living they had during the marriage. This figure is determined by calculating the difference between 40% of the net monthly income of the higher-earning spouse and 50% of the lower-earner’s net monthly income.

Spousal support that is long-term is awarded if the marriage lasted several years and/or there is a large disparity in income between the two parties. Factors such as children, income, education, health, age, and earning potential are also considered. The terms surrounding long-term spousal support are affirmed by a judge. If the supported spouse remarries, they will no longer be eligible to receive spousal support from their ex-spouse.

Consult with a Norco Divorce Attorney

Hiring an experienced divorce attorney is crucial when considering or starting divorce proceedings. The divorce process is extremely complex during an already emotionally charged time. Our experienced team at Law Offices of Michelanne Hrubic is extremely knowledgeable of California state laws and cares deeply about you and your family’s well-being. To schedule a consultation with our legal team; please visit our website today.