Temecula Divorce Attorney

Temecula Divorce Lawyer

Not only is divorce stressful because of the life changes it brings about for all involved, the conflicts that arise, and just the overall uncertainty of life after divorce, but also for the difficulties of actually going through the divorce process. It’s a lot easier to get married than it is to get divorced. Hiring a Temecula divorce attorney can alleviate some of the pressures of divorce.

You want to hire an experienced, knowledgeable, and understanding Temecula family law attorney who can handle as much of the legal stuff as possible so you can work on taking care of all the other life adjustments you have to make at this time. We have years of experience helping individuals through this transition in their lives so they can confidently face the next chapter.

When you need to hire a trustworthy family lawyer, you can count on the Law Offices of Michelanne Hrubic to represent you during this difficult time. Our firm brings experience, reputation, and proven success to the table. When you choose us, you choose a supportive legal team that is well-versed in the law and well-respected at the courthouse.

What We Do

We believe our family law firm is different because we take the time needed to get familiar with our client’s personal situations, going into each attorney-client relationship without judgment or assumptions. Every client, every case, every family, every divorce is different.

Our compassion for our clients and their families allows us to handle all our cases individually, whether they involve divorce, domestic violence restraining orders, divorce mediation, or any of the other legal practice areas we serve within California family court.

Matters of Divorce

Even though every divorce is different, the matters that must be settled amid divorce proceedings are generally the same. If the divorcing couple shares minor children together, child custody and child support must always be addressed in a divorce. Property division is also an area that most divorces involve, as all marital assets and debts must be divided within the legal guidelines of California state law. Spousal support is another common issue, but it is not necessarily required in all divorces.

Why Hire a Temecula Divorce Attorney?

While it is not a requirement in California to have a divorce attorney represent you throughout your divorce process, as mentioned above, it can take a great deal of stress off the shoulders of an individual. There are many various legal stages of divorce in Temacula, and each step is sometimes confusing, nerve-racking, and exhausting. An attorney understands what needs to be done, what comes next, and how to carry out each part of the process and can explain these details to you as they are happening.

Another important reason to have an attorney backing you in your divorce case is to protect your rights, specifically as a parent. If you have children, you have rights to custody and parenting time with those children. Too often, one parent alienates the other parent from having a relationship with their child following divorce. This is unacceptable, and the ideal resource in these cases is an experienced family law attorney who knows the laws and will protect your rights.

Furthermore, many parents who are victims of unfair terms of child custody and visitation think that once their divorce is finalized, they have lost the battle and have no option to fight for their parental rights. This is simply not true. There are a couple of different options for post-decree filings, but the simplest one is filing for a modification of orders. This is a legal petition for the court to modify the original terms of divorce if they are no longer working for one of the child’s parents.

Divorce Modification

Getting a modification of child custody takes some work, but it’s not impossible with the right legal representation to present the case. There are many reasons why a divorce modification might be in order. For instance, perhaps one parent wishes to remarry or move residences, either out of the area or out of the state of California altogether. While the parent who wishes to move may want to revise the parenting schedule to accommodate out-of-town visitation, the other parent may not agree with the move.

When one parent doesn’t agree with the modification, it is important for that parent to have legal representation to help them argue the case that such modifications would not be in the interest of the child and the parent’s relationship with their child.

Other reasons someone may request a modification of previous orders is because of the loss of a job or a significant change in either spouse’s income due to a career change. A modification may also be sought out if a parent suspects abuse of their child, neglect, or alcohol or substance abuse.

How Much Does a Divorce Lawyer Cost in California?

The average cost of a divorce attorney in California ranges in price depending on the requirements of the case. A divorce that goes to trial will cost much more than an uncontested divorce, which doesn’t require a trial. In general, the longer the case takes to finalize, the more it will cost, and trials can drag on in some cases. There are alternatives to a trial, such as mediation, which, if all goes smoothly, can decrease the legal fees associated with a case.

Otherwise, an attorney’s fees will vary from area to area and will greatly depend on the attorney’s experience and the size of the practice. A rough range is from $12,000 to $17,000, with the average falling somewhere in the middle at around $15,000.

To start a case, a lawyer will typically require a retainer fee, which is usually a percentage of the estimated total legal fees, ranging from around $3,000 to $5,000. This is in addition to the $450 court filing fee that is paid to the California state court at the time of filing.

There are other types of divorce that can cost significantly more money, such as a high asset divorce. These are cases in which marital assets total one million dollars or more. These cases require an asset lawyer who has experience with these types of cases because they play out differently and often require professional analysis and testimony by credible witnesses like a forensic accountant.

Because there is more work involved and different requirements, an asset lawyer will charge more for legal representation in these cases.

Can My Spouse Make Me Pay The Divorce Attorney Fees in California?

The general consensus in California divorce is that both parties are responsible for paying their own attorney fees. However, if one spouse is a significantly higher earner, the judge may order the higher-income spouse to contribute to a portion of the lower-income spouse’s divorce attorney fees.

In some cases, they will be made to pay all of their spouse’s attorney fees. This is usually the case when one spouse has no income, and the other has income and has been supporting the other spouse financially throughout the marriage.

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

An uncontested divorce is the easiest, quickest, and cheapest divorce option in California. This is because uncontested divorces do not require a trial or mediation. They do require that both parties agree completely on every matter of divorce, including child support, spousal support, property division, child custody, and parenting time. A judge must sign off on the agreement, so it still must be fair and lawful under the parameters of California family law.

Married couples who have been married for five years or less and do not have any shared children may qualify for a summary dissolution, which is an expedited and cheaper way to get a divorce in California. However, couples must still meet other requirements of California state law, such as residency requirements, before they are eligible for this type of divorce.

The marital assets must not total more than $53,000 (not including vehicles), and neither party can have more than $53,000 in separate property to qualify for a summary dissolution. Furthermore, the couple’s debts must not exceed $7,000.

Annulments are another option for divorce in California. Cases that are eligible for annulment are unique in nature, and it is ideal to speak with a divorce attorney before filing for an annulment to save time and money. If a marriage does, in fact, qualify for an annulment, there is no six-month residency requirement or six-month waiting period, making annulments a much faster process than divorce.

What Are California Residency Requirements for Divorce?

To get divorced in California, one of the spouses must have lived in California for at least six months. Furthermore, they must have lived in the county where they filed for divorce for at least three months. California residents may file for legal separation at any time after moving to California, and once residency requirements are met, they may file for divorce.

For domestic partnerships registered in California, the courts may be able to dissolve the partnership without fulfillment of residency requirements. However, the court may not have jurisdiction over deciding matters such as spousal support, division of property, or matters regarding children. For domestic partnerships not registered in California, the residency requirements must be met before California courts can legally end a partnership.

Residency requirements are in addition to the six-month required waiting period for divorces. This waiting period begins on the date the petitioner files for divorce. Therefore, a judge cannot grant a divorce until six months and one day following that date under California family law.

What if My Spouse Doesn’t Follow the Terms Ordered by the Court?

There are processes in place to ensure all court-ordered parties carry out their responsibilities in a divorce ruling. Court orders are not suggestions. They must be upheld, and if someone does not obey the orders of the court, they are breaking the law. Enforcement hearings are held to “force” these parties to adhere to the instructions set forth by the court.

Those who do not comply, even after an enforcement is filed against them, can face criminal charges, be subject to having their wages garnished, and have other penalties applied to those individuals who are found to be in contempt of court. The parent who receives support payments has three years, according to the California statute of limitations under state law, to bring forth nonpayment of child support allegations.

Those in contempt of court for nonpayment of child support will be charged with one count per month, up to a maximum of 36 counts. At that point, those named in the case have the right to a jury trial for nonpayment of child support charges. Contempt of court is a criminal offense, and the penalties for these charges are listed below:

• 1st conviction – 120 hours of community service per count or 120 hours of incarceration per count
• 2nd conviction – 120 hours of community service per count and 120 hours of incarceration per count
• 3rd and subsequent convictions thereafter – 240 hours of community service per count and 240 hours of incarceration per count
• In some cases, probation may be an option

Speaking to a Temecula Divorce Attorney

If you and your spouse have made a mutual decision to divorce or you have made the decision on your own, talking to a Temecula divorce attorney is the next step you need to take to protect your interests. Especially if your spouse has a lawyer, you should seek counsel. The same lawyer cannot represent both parties. They must have their own individual legal entity representing them.

Don’t settle for less than what you deserve and what is rightfully yours in your divorce. Call a reputable Temecula divorce attorney at Law Offices of Michelanne Hrubic family law firm today. We can answer your questions, inform you of the laws that apply to you, and ease your mind about divorce. If you hire us as your divorce attorney, you can rest assured we will make the process easier and less stressful for all involved.