Anaheim Divorce Lawyer

Anaheim Divorce Attorney

A divorce can be an emotionally draining and extremely complex experience, especially if you go without an attorney. You deserve to be supported through the entire legal process. The Anaheim divorce lawyers at The Law Offices of Ronda A. Middleton can provide assistance to help you through this transition and protect your future.

Divorce in Anaheim, California

Divorce is the legal termination of a marriage. Marriage ties two people together in many ways, so divorce can easily become a complicated and emotionally charged process.

California is a no-fault divorce state, which means no one must be at fault for the breakdown of the marriage. The only requirement to pursue a divorce is that one spouse meets the residency requirements. They must have lived in California for at least six months and in the county where they are filing for at least three months. After the divorce papers are filed, there will be a mandatory six-month waiting period.

California is a community property state, which means when you get divorced, you and your spouse are each entitled to half of your shared assets and debts.

Child Custody and Child Support

If there are children from the marriage, child support and child custody in Anaheim need to be resolved. The court wants to encourage frequent and continuous contact between the parents and their child but will always put the child’s best interests at the forefront of all decisions.

Legal custody is the right to make decisions about the child’s life, such as where they will go to school, where they will receive medical care, and whether or not they will attend religious activities. Legal custody can be joint, where both parents share in the decision-making, or sole, where one parent gets the right to make these decisions.

Physical custody relates to where the child lives. Joint physical custody is when the child lives with both parents for significant periods, while sole physical custody is when the child primarily lives with one parent, and the other may have visitation rights.

Child support is intended to ensure both parents have a shared responsibility to support their children. In California, it is determined based on an algebraic formula that calculates the time each parent spends with the child and the amount of income they bring in. There are additional deductions, such as health insurance and childcare costs.

Spousal Support or Alimony

Spousal support, also called alimony, is money given to one spouse from the other to help them during or after their divorce. There are two types: temporary and permanent spousal support.

Temporary spousal support is granted between the initial divorce filing and the final judgment. This is meant to support a non-earning or lesser-earning spouse through the transition period. The payments are based on the couple’s “standard of living” and income during their marriage.

Permanent spousal support is included in the final judgment. This does not always mean the support will be lifelong, and the amount and duration depend on:

• The number of years for which the couple was married
• The standard of living established in the marriage
• The age and health of the spouses
• Both spouses’ earning capacity
• Other factors like domestic violence and tax implications.

Property Division

California is governed by community property laws, which means assets and debts acquired during the marriage are generally divided equally. Assets that may be subject to division include:

• Real estate, like the family home and rental properties
• Bank, savings, and investment accounts
• Retirement accounts
• Cars, motorcycles, boats, and other vehicles
• Furniture, electronics, jewelry, and other household items
• Business interests

Separate property consists of assets and debts owned before the marriage or after the date of separation, as well as any inheritances and gifts to one spouse.

Uncontested Divorce

An uncontested divorce happens when both spouses agree on the terms of their separation. This is typically a faster, less costly, and less stressful divorce that gives the spouses more control over the outcome of their divorce. It will not be left to a judge to make the final decisions.

Uncontested divorces usually involve the spouses negotiating all the terms and participating in mediation if there are still issues to be worked out. A settlement agreement is then filed with the court.

Contested Divorce

A contested divorce occurs when spouses are not able to come to an agreement on the terms of their divorce. This means the process will become more lengthy, expensive, and stressful. Contested divorces usually end in litigation, and a judge will make the final decisions.

Summary Dissolution of Marriage

California offers a summary dissolution for certain marriages. This is a more efficient route that does not require court appearances. To be eligible for a summary dissolution, you must meet the following criteria:

• Marriage of less than five years.
• No children
• No property ownership
• No rental agreements besides residential leases
• Joint debts are less than $6,000
• Community property valued at less than $45,000
• Separate property valued at less than $45,000
• Both spouses agree to waive spousal support
• Both spouses sign a property division agreement
• One spouse meets the California residency requirements

While a summary dissolution requires minimal legal support, it is recommended that you reach out to an Anaheim family law attorney to ensure that your interests are protected while you dissolve your marriage.

An Overview of the Divorce Timeline

Every divorce is different, but most follow a similar timeline. The following steps must be completed:

• Initiating the Divorce Process. The divorce begins when one spouse formally submits a divorce petition to the court and notifies their spouse. They will have a 30-day period to submit their formal reply to the court.
• Financial Transparency. Both parties involved are legally required to provide complete financial disclosure. This includes the submission of the Preliminary Declaration of Disclosure, a set of official documents outlining each party’s assets and liabilities.
• Resolving the Key Issues. The spouses have the option to reach mutual agreements on the key issues independently, but they may need assistance through mediation or a collaborative divorce in which their attorneys facilitate the negotiations. If a resolution cannot be achieved through either of these options, the court will make the final determination.
• Finalizing the Divorce. To finalize the divorce, final court orders will be prepared, completed orders will be submitted to the court clerk, the judge will review and endorse the documents, and the final divorce decree will be signed.

FAQs

How Do I Start the Divorce Process in California?

If you’re looking to start the divorce process in California, you should contact an experienced attorney who can help you through it. Your attorney can help you understand everything and build a solid legal case. For issues such as child custody and support, property division, and spousal support, a lawyer’s guidance is essential.

How Long Does It Take to Get a Divorce in California?

How long a divorce will take in California depends on a few different factors. The state does have a mandatory six-month waiting period, which is the minimum amount of time to be granted a divorce. Then, factors such as court schedules and whether the spouses agree on major issues can influence the amount of time it will take.

How Is Property Divided in a California Divorce?

California is a community property state, meaning all assets (real estate, vehicles, bank accounts, investments, etc.) and debts the couple acquired during their marriage will generally be divided equally. Any separate property, such as assets and debts acquired before marriage, after the date of separation, and by gift or inheritance, are not subject to division.

Do I Need a Lawyer for My Divorce?

While it is not legally required to have a lawyer for your divorce in Anaheim, it is highly recommended that you have legal support. Divorce and issues like property division, child support and custody, and spousal support can quickly become contentious. Your lawyer can advocate for your rights, ensure everything is done accurately and on time, and help you reach a fair agreement with your soon-to-be ex-spouse.

Can I Change My Divorce Agreement Later?

Generally, once a divorce is finalized, it is very difficult to modify. However, aspects of the divorce, such as child custody and spousal support, may be modified. Child custody and support orders can be modified if parents or children experience a significant change in circumstances, such as relocation or new medical needs. Like child custody and support, spousal support can be changed if circumstances have changed, often through income changes, remarriage, or medical needs

A Knowledgeable and Experienced Divorce Attorney Is Essential

Ending a marriage almost always comes with significant challenges. Beyond the emotional rollercoaster a divorce can be, spouses may face complex legal issues, such as property division, child custody and support, and spousal support, that must fall within the framework of California’s divorce codes.

Choosing a knowledgeable and experienced attorney can improve the likelihood of a positive resolution while taking some stress off your shoulders. Contact The Law Offices of Ronda A. Middleton today.