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 help you understand all your options and get a fair divorce.
Divorce is tough on any family in Rancho Cucamonga or elsewhere. So you may feel a little lost after you and your spouse have parted ways. Having the support of a divorce lawyer experienced in family law is key, especially one who understands the emotional and financial impact of divorce.
Emotions are bound to run high because of the very personal nature of most aspects of divorce. You are dividing a life—splitting personal property, working out shared custody arrangements, and trying to separate yourselves financially. This isn’t easy for anyone, but a good lawyer can make it easier.
When you hire a Rancho Cucamonga divorce lawyer 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. Plus you will 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 differences 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 ending of a marriage. The court helps resolve disputes between spouses, such as child custody, visitation, division of assets and debts, alimony, and more. After a divorce, the marriage will be legally dissolved.
Separation vs. Divorce
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 in Rancho Cucamonga.
Annulment vs. Divorce
An annulment is 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 allowed:
- Bigamy (existing marriage)
- One spouse is or was underage
- One spouse is or was of unsound mind
There are several benefits to an annulment. Your Rancho Cucamonga lawyer can help you examine the specifics of your case to see if a divorce or annulment is right for you. Here are some benefits of annulments:
- No division of property
- Invalidates a prenuptial agreement
- Not considered a legal marriage
What Are Grounds for Divorce in California?
In California, there are two main 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, you must prove your case in court.
What’s the Timeline for Divorce in Rancho Cucamonga?
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 Rancho Cucamonga court.
For legal separation and annulment, whatever date the judge signs the judgment is the effective date.
How Does the Court Split Property During Divorce?
The division of assets and debts is one of the most difficult parts of a divorce. You and your spouse likely spent years accumulating property in Rancho Cucamonga and beyond, and it’s not always an easy matter to work out a fair division.
Fair doesn’t always mean equal. A lawyer can help you and your spouse work out the division of property as painlessly as possible, either through mediation or by going to court.
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 during divorce.
A divorce attorney can help you divide your property and walk you through the needed 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 in Divorce
Each state has different laws about child custody and child support. In California, there are two types of custody: legal custody and physical custody.
- Legal Custody – This means you have the right to make important decisions regarding your children’s welfare, health, and schooling. Both parents can have legal custody, or only one can have it.
- Physical Custody – This refers to where the kids live. They 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 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 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. The court can also appoint a child custody evaluator. Your divorce lawyer in Rancho Cucamonga will help you get through this process as smoothly as possible.
As for child support, this is the amount of money a parent must pay every month to support or provide for the child, as ordered by a court.
An experienced divorce lawyer in Rancho Cucamonga 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 kids.
How Does Alimony Work in Rancho Cucamonga?
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 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 kids.
- One spouse put his or her own career on hold 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 divorce law firm can help you protect your interests and reach a fair agreement on alimony payments during your Rancho Cucamonga divorce.
Get Help from a Divorce Lawyer in Rancho Cucamonga
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. We are happy to answer your questions.
Get your questions answered by calling a Rancho Cucamonga divorce lawyer with the Law Office of Laurence J. Brock. We have over twenty-five years of experience handling family legal matters. We will handle your case in a caring and sensitive manner. Call for your free consult at 909-466-7661 or use the form below.