No couple enters into a marriage expecting a divorce, but the reality is that some marriages, no matter how strong the foundation begins, can begin to crack and break. When this happens, consulting a San Bernardino Divorce Attorney can help you navigate the overwhelming emotions and legal complexities. This combination can make the process of separation more difficult for not only the spouses involved but for the family unit.
The realities of divorce mean that everything you built together will suddenly end, and you will be left deciding how to divide your assets, the custody of your children, and the property you have collected together throughout the marriage. When emotions are involved, these life-changing decisions are made even more difficult. Consulting a San Bernardino Family Law Attorney can help you navigate this challenging time and ensure your rights are protected.
With the help of trusted San Bernardino divorce attorneys, like the team at the Law Offices of Michelanne Hrubic, you can receive the support and dedication that will help you not only understand the laws of the process but ensure that your rights are protected. Our San Bernardino, CA team works tirelessly to ensure you legally receive what you are entitled to.
California is a no-fault state which means that divorce or separation can happen for any reason or no reason at all; there is no legal requirement to prove wrongdoing. There are three options for divorcing spouses:
The first decision in any divorce process by the filing spouse is to decide which type of divorce they will seek. In California, there are three ways to divorce:
Once the petition indicating the type of divorce that will occur is processed by the clerk of court in the county where you or your spouse reside, the non-filing spouse will be served with the necessary documents and given 30 calendar days to respond to the summons. In this stage, the Standard Family Law Restraining Orders take effect, and both parties must not:
These restrictions, amongst others, help to prevent one or both spouses from hiding anything that would be involved in the final adjudication of marital assets, child custody, support, or spousal support.
The process for divorce takes a minimum of six months from the time the petition is filed. During this waiting period, it is an opportunity for the legal system to work through the details of the divorce and for the couple to settle matters through mediation or reconciliation. However, if the divorce is uncontested, the process can take much longer.
During the waiting period, either spouse can request temporary orders that establish many of the facets that will be finalized, including child custody and support, spousal support, property use, and in some cases, the handling of attorney fees. These orders are then finalized by a judge, which protects you throughout the process. These temporary orders can be requested on an emergency basis if you or your children are the victims of domestic violence.
The most tedious part of the divorce will entail discovery in which both parties are responsible for disclosing all financial ties, including, but not limited to, bank accounts, retirement savings, investments, and more. This also includes any evidence that either party wishes to introduce that will help show responsible care for children and the necessity for spousal support and may include depositions about the marriage.
All of this culminates with a decision by the court or an agreement through mediation that is finalized by a court, and a judge will then sign off on the divorce with all legal decisions, which will include:
This complicated process is done in the midst of balancing the normalities of everyday routines such as work, school commitments, and community involvement. With the help of your San Bernardino family law attorney from the Law Offices of Michelanne Hrubic, you will be able to continue your routines while your attorney serves on your behalf.
The circumstances of each divorce or separation are different. Therefore, there is no set amount that a process can take. Depending on the type of divorce that is filed for, the California court costs associated with your case, the complexity of the assets, debts, and property, and the willingness of the spouses to work through the process all play a role in the final costs. Additionally, attorney fees can range. However, the estimated costs can range from $5,500 to upwards of $40,000. It is best to inquire about potential costs during your initial divorce case consultation, where you are able to provide an overview of your situation.
An uncontested divorce is the most cost-effective way to dissolve a marriage. While some couples choose to attempt this process independently of an attorney and thereby only pay the court fees associated with filing, it is not recommended to do so. An attorney will ensure that you are receiving a fair and equitable resolution to the intricacies of your divorce. Even with hiring an attorney, this process is still a cost-effective resolution that will also save you time.
Divorces and separations are difficult, emotionally-charged processes that will test your strength and resilience. While the process is difficult, it is with the goal of entering a new part of your life with a fresh start. At the Law Offices of Michelanne Hrubic, our knowledgeable and experienced attorneys are here to support you. We fight to protect your rights in the process in order to reach the best possible outcome for you and your children. If you are considering a divorce or were served a divorce petition by your spouse, contact our offices today and let us help you reach the light at the end of the tunnel.
Fields Marked With An ” *” Are Required
"*" indicates required fields