Rancho Santa Margarita Divorce Lawyer

Rancho Santa Margarita Divorce Attorney

Filing for divorce is one of the most difficult things a person will ever have to do in their life. No matter how amicable you and your spouse may be or how necessary the divorce is, the legal process involved can bring out deep-buried emotions and tension that can cause significant challenges to arise. No one enters a marriage with divorce in mind, but when it becomes necessary, you need a Rancho Santa Margarita divorce lawyer.

At Quinn & Dworakowski, LLP, we have been assisting clients through divorce cases and other legal matters relating to their families for a long time. In fact, our qualified team has over 100 years of combined experience. When you are going through a divorce or before you even decide to file, consulting with an attorney is the right decision. While anyone can file for divorce without stating a reason, the proceedings can be difficult. Our attorneys can help.

Common Issues in a Rancho Santa Margarita Divorce

When a couple decides that legally dissolving their marriage is the correct decision for their situation, there are several matters they will need to reach an agreement on. When the couple can reach an agreement on these areas by themselves, this is considered an uncontested divorce, and the legal proceedings involved can often be quick and relatively cost-effective.

For couples who cannot reach an agreement on their own, they will need to go before a judge who will make this determination for them. In some cases, one spouse may be completely unwilling to divorce. A judge can also make a determination over matters of the divorce if a spouse is unwilling or reluctant to divorce after being served the divorce papers.

Even the most amicable divorces can result in disagreements regarding certain marital aspects. The most common areas of contention in divorce cases include the following:

• Property division. California operates as a community property state, meaning that all marital or shared property (property that has been acquired during the course of the marriage) is subject to an equitable division. Property included in a California property division can be the marital home, vehicles, bank accounts, retirement accounts, other real estate holdings, and debts.
• Child support. When a couple who shares minor children seeks a divorce in California, the lower-earning spouse and/or custodial parent may be able to seek child support from the higher-earning spouse and/or the non-custodial parent. Child support payments are made monthly and can cover certain needs of the child, such as food, shelter, clothing, education, healthcare, and childcare costs under certain circumstances.
• Child custody. Divorcing couples who share a child will need to come to an agreement regarding the custody and visitation rights of their child. In California, there are two main types of custody: legal and physical. Legal custody refers to the parents’ abilities to make decisions regarding the welfare, education, and health of their child, whereas physical custody refers to how the child will split their time between the parents’ homes.
• Spousal support. When a couple divorces, the lower-earning spouse may be able to seek temporary or permanent spousal support from the higher-earning spouse. There are many factors that a judge will take into consideration when determining spousal support awards, including the length of the marriage, the age and health of the divorcing parties, and the lower-earning spouse’s ability to gain education or employment.

Mistakes to Avoid in a California Divorce Case

There are several mistakes you will want to avoid during a California divorce case. These include the following:

• Not seeking the assistance of an attorney
• Not cooperating or communicating with your spouse regarding the divorce
• Not considering the tax implications of your settlement
• Acting out of guilt, revenge, or anger
• Not being honest with your legal representation
• Hiding assets from your spouse
• Speaking poorly about your spouse in front of or to your children

FAQs About Rancho Santa Margarita, CA Divorce Laws

What Are the Steps When Seeking a Divorce in California?

To file for divorce in Rancho Santa Margarita, at least one of the spouses will need to have been a resident of the state for at least six months prior and a resident of the county for at least three months. Additionally, there are certain steps you will need to take when going through a divorce, including filing the official divorce petition, serving or responding to the divorce, and disclosing financial information.

Can One Spouse Refuse Divorce in California?

No, in California, if one of the spouses does not wish for the divorce, they cannot keep that divorce from happening. If the spouse ignores the divorce petition, the courts will step in and make default judgments for them on the areas of contention and will not require any input from the spouse who refuses to cooperate.

Do I Need a Divorce Lawyer in California?

While it is not legally required to have an attorney alongside you during a divorce case, their legal knowledge and experience can prove essential to the outcome of your case. If you choose to forgo an attorney’s assistance, you could place yourself in a position of potentially risking the loss of any property you may hope for and deserve. Working with an attorney can help ensure you have a better chance at a favorable outcome.

Can I Seek a Modification to a Divorce Decree?

Yes, after a final divorce decree is made, you may be able to seek certain modifications, should you sustain a change in your life circumstances substantial enough to warrant such a review. These changes in circumstances can include a loss of income, a loss of employment, a recent injury or illness, or a new marriage.

Speak with a Trustworthy California Divorce Lawyer

Divorce can be a life-changing event and a huge legal undertaking. Having the legal assistance of a reliable attorney can make all the difference when it comes to achieving your goals in a divorce case. Contact Quinn & Dworakowski, LLP today to schedule your initial consultation and discuss how our team can help you through this challenging process.