Rancho Cucamonga Divorce Lawyer
You don’t have to deal with a divorce on your own. Working with a Rancho Cucamonga divorce attorney from our office can enable you to understand all your options and reach a positive and fair divorce resolution.
Divorce is a very difficult experience for any family, so you may feel a little lost after you and your spouse have parted ways. Having the support of a family law attorney who understands the emotional aspects of divorce, as well as the financial ramifications of the process, can help make you feel a little more grounded.
Emotions are bound to run high because of the extremely personal nature of almost all aspects of divorce. You are dividing a life—splitting personal property, working out shared custody arrangements, and attempting to separate yourselves financially from one another. This isn’t easy for anyone, but a good attorney can make it easier.
When you hire a Rancho Cucamonga divorce attorney from our office, you’re allowing yourself to let go of some of the stress associated with family law decisions. We can help you make sense of a confusing and overwhelming time, and you can have the added relief of knowing you will never be alone in this legal process.
What’s the Difference Between Divorce, Separation, and Annulment?
The distinctions between divorce, separation, and annulment are nuanced, but there are important differences to keep in mind.
Divorce (Dissolution of Marriage)
In California, a divorce is considered the termination of a marriage. The court assists with the resolution of disputes between the spouses, such as child custody, visitation, division of assets and debts, alimony, and more. After a divorce, the marriage will be considered legally dissolved.
Separation
A legal separation is very similar to divorce in most ways except the spouses remain legally married to each other. All other issues, such as child custody, visitation, and division of debts and assets, can be settled in court.
Annulment
An annulment is slightly different than a divorce in that it makes the marriage invalid, as though it never even took place. With divorce, on the other hand, the fact that you were legally married doesn’t go away.
In California, you will have to prove one of several requirements for your annulment to be permitted:
- Incest
- Bigamy (existing marriage)
- One spouse is or was underage
- One spouse is or was of unsound mind
- Fraud
- Force
There are several benefits to an annulment. Your attorney can help you examine the specifics of your case to see whether a divorce or annulment is the right option for you. The following are some of the benefits of annulments:
- No division of property
- Equal sharing of marital debt
- Invalidates a prenuptial agreement
- Not considered a legal marriage
What Are Grounds for Divorce in California?
In California, there are two main types of grounds for divorce. The first is called irreconcilable differences. This means the marriage is so far gone that it can’t be recovered. The second legally valid reason for divorce is incurable insanity.
With irreconcilable differences, you don’t have to prove anything in court for your marriage to be dissolved. With incurable insanity, however, you must prove your case in court.
What’s the Timeline?
The timeline for divorce is six months and one day from the date your summons and petition is served or six months and one day from the date the respondent files a response or notice of general appearance with the court.
For legal separation and annulment, whatever date the judge signs the judgment is the effective date.
How Does the Court Split Property?
The division of assets and debts is one of the most difficult aspects of a divorce. You and your spouse likely spent years accumulating property, and it’s not always an easy matter to work out a fair division.
Fair doesn’t always mean equal, but an attorney can help you and your spouse work out the division of property as painlessly as possible, either through mediation or by going to court.
In some cases, it may be possible for you and your spouse to make a list of all of your property, assets, and debts and then divide them fairly easily. In most cases, however, things aren’t so simple. Many people have pensions, retirement benefits, homes, or other assets that aren’t so easy to value and separate.
An attorney will be able to help you get your division of property worked out and can walk you through the necessary paperwork. In some cases, you may have to file a judgment in order to get your spouse to follow through on an agreement.
California Custody Laws and Child Support
Each state has different laws regarding child custody and child support. In California, there are two types of custody: legal custody and physical custody. These are defined as follows:
- Legal Custody – This means you have the right to make important decisions regarding your children’s welfare, healthcare, and education. Both parents can have legal custody, or only one can have it.
- Physical Custody – This refers to where the children live. The children can live equally with both parents, or they can live primarily with one parent while the other has visitation. When children live with one parent more than the other, that parent is called the primary custodial parent.
Visitation is another legal term referring to the time the non-primary parent gets to spend with the children. All of these issues can be decided between the two parents, and a written agreement can be made, which a judge can then sign off on.
If the two parents can’t decide, that’s when the judge will make a decision based on the best interests of the child. This is when mediation comes into play, and the court can also ask for a child custody evaluator to be appointed. Your divorce lawyer in Rancho Cucamonga will help you get through this process as smoothly as possible.
As for child support, this refers to the amount of money a parent or both parents must pay every month to support or provide for the child, as ordered by a court.
An experienced Rancho Cucamonga divorce proceedings lawyer can help you determine how much support is owed and reach an agreement that provides for your child and is fair for all involved. Child support agreements should take into account both parents’ income, other financial resources, benefits, and time with the children.
How Does Alimony Work in California?
In California, alimony, or spousal support, is a court-ordered payment one spouse must make to the other. The time frame for spousal support will often depend on how long a couple was married and the unique circumstances of their relationship.
Spousal support was designed to financially provide for a spouse who doesn’t make as much money as the other. This could be because of the following factors:
- One spouse stayed home to take care of the children.
- One spouse put his or her own career on hold in order to allow the other spouse to further his or her career.
- One spouse gave up educational opportunities because both couldn’t afford to go to school at the same time.
An attorney with our firm can help you protect your interests and reach a fair agreement on alimony payments during your Rancho Cucamonga divorce proceedings.
Get Help from an Attorney
You don’t have to deal with the stress of a divorce on your own. Your attorney can give you individualized legal advice and help you navigate the legal process of a divorce, separation, or annulment. Our office is experienced in many family law matters, and we are happy to answer all of your questions.
Start getting your questions answered by calling a Rancho Cucamonga divorce attorney with the Law Office of Laurence J. Brock. We have over twenty-five years of experience handling family legal matters, and we will handle your case in a caring and sensitive manner. Call for your free consultation at 909-466-7661 or use our contact form below.
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Law Office of Laurence J. Brock Client Review:
Larry Brock and his staff are highly competent, consummate professionals. As an out-of- state client on the opposite coast, I needed someone who was knowledgeable, reliable, and responsive. My case involved allegations of domestic violence and jurisdictional issues surrounding divorce and custody.
– Bradley F.
(909) 466-7661
8241 White Oak Ave
Rancho Cucamonga,
CA
91730
USA