Coto de Caza Divorce Lawyer

Coto de Caza Divorce Attorney

No matter the circumstances affecting your marriage, the divorce process can add extreme stress to an individual’s life. In addition to this stress, the legal process of obtaining a divorce in California can be overwhelming and confusing. There is a lot at stake during a divorce, including the custody of minor children and the division of marital property and assets. Therefore, it is vital to seek the legal support of a Coto de Caza divorce lawyer to guide you through each step.

Legal Areas of a Coto de Caza Divorce

California operates as a no-fault divorce state, meaning that the individual who originally sought the divorce does not need to provide proof that the other party did anything wrong to necessitate the divorce. Instead, you can simply cite that there are irreconcilable differences between you and your spouse when filing for a divorce.

Filing for divorce can be a complicated process, especially when there are areas of contention between you and your spouse. In an uncontested divorce, you and your spouse are able to come to agreements regarding these issues, such as alimony or child support. It can still be wise to have an attorney on your side, even during an uncontested divorce.

On the opposite side of things, a contested divorce occurs when the divorced couple cannot reach agreements on these legal areas of their divorce and must instead look to a judge to make these determinations for them. Having an attorney present in a contested divorce is essential. In a Coto de Caza divorce, the most common legal areas or points of contention include the following:

• Child custody. When a divorcing couple shares minor children, they must be able to reach an agreement regarding the custody and visitation rights of those children. In California, there are two main types of custody: legal and physical. Legal custody refers to each parent’s ability to make certain decisions regarding their children’s welfare, education, and health, whereas physical custody refers to where the child will primarily live.
• Property division. California is considered a community property state, meaning that all marital property, or property that was obtained or gained value during the course of the marriage, is subject to an equitable division between the couple. Marital property can include various kinds of assets and debts, including:
  • The family home
  • Vehicles
  • Business interests
  • Other real estate holdings, such as a vacation home
  • Bank accounts
  • Retirement accounts
  • Credit card debt
  • Home mortgage loans
• Child support. When a married couple enters into a divorce proceeding and shares children, one or both of the spouses may petition the court for child support. Child support typically is assigned to be paid by the higher-earning spouse (oftentimes, the spouse with less physical custody) to the spouse who has a lower income (often the primary custodian of the children). These payments can help cover the financial needs of the child.
• Child support. In a California divorce, the lower-earning spouse may petition the courts to seek alimony, also known as spousal support. When a court makes its determination on the amount and duration of an alimony award, it will take into consideration certain factors like the length of the marriage, the age and health of the spouses, and the lower-earning spouse’s ability to seek gainful employment or education.

Benefits of Hiring a Divorce Lawyer in Coto de Caza

While filing for divorce can be a nerve-wracking and uncertain experience, having an attorney present and on your side can lessen your stress and help ease many of your concerns. There are several benefits to hiring a divorce lawyer in Coto de Caza, including:

• The ability to protect your rights. You are entitled to certain rights during a divorce case, and your attorney can ensure that you are educated on these rights and that they are protected through every step of the legal process.
• Strong negotiation skills. In every divorce case, even one considered to be uncontested, having an attorney present who has strong negotiation skills is a must. No matter the situation, there will most likely be some kind of disagreement between you and your spouse. An attorney can ensure negotiations take place in such a way that a compromise can be reached that provides you with comfort and stability.
• A thorough knowledge of family law. It is vital to seek the help of a family lawyer, specifically in a divorce case, as they have the legal knowledge, education, and experience necessary to facilitate all aspects of your legal proceedings. With this knowledge, they can help you in the initial filing of your case and any negotiation or litigation that may be required.

FAQs About Coto de Caza, CA Divorce Laws

Does California Have Residency Requirements for Divorce?

Yes, California does have certain residency requirements for all divorce cases. If you wish to seek a divorce in California, either party involved must have been a California resident for at least six months prior to your initial filing and a resident of the county you are currently living in for at least three months before filing a petition of divorce.

What Is Considered to Be in the Best Interest of the Child?

In many divorce cases that involve minor children, the couple will need to reach an agreement regarding the custody of these children. When the couple themselves cannot reach this agreement, the courts will make a determination for them based on what they believe to be the best interests of the child. The best interest of the child will be determined by certain factors, such as the age and health of the child and any history of abuse.

Does it Matter Who Files for Divorce in California?

No, in California, it does not typically matter which party first files for divorce. The only real advantage that might be present in your case is that the individual who files the petition, or the Petitioner, may be able to present their case first if their case proceeds to an official trial.

What to Do If My Spouse Is Hiding Assets?

In some cases, during the property division step, one spouse may come to believe that the other party is hiding assets or income or is perhaps being misleading regarding these assets. This can include having secret bank accounts or undisclosed real estate properties. In these situations, it is vital that you have an attorney on your side who can launch an investigation into the assets of your spouse to ensure everything is disclosed and accounted for.

Speak with a Family Law Attorney Today

If you are seeking a divorce in Coto de Caza, California, the team at Quinn & Dworakowski, LLP is here for you. Contact our offices today to learn more about our services and schedule your initial consultation.