Understanding the California Divorce Process
San Bernardino Divorce Attorneys: 70+ Years’ Combined Experience
The divorce process can be very overwhelming. In order to file for divorce, you and your spouse must meet certain residency requirements. These requirements state that both you and your spouse must have lived in California for a minimum of six months and have been a resident of your county for a minimum of three months. If you both meet this requirement, you may start the process of filing for divorce, otherwise referred to by the courts as “dissolution of marriage” as soon as you wish.
The Law Office of Michael R. Young invests in helping our clients achieve outcomes that are in their best interests and the best interests their family. Our seventy years of collective experience enable us to adeptly handle even the most complex family law circumstances. With an AV® rating from Martindale-Hubbell® and 10.0 Superb Avvo rating, our San Bernardino divorce attorneys stand out in our field.
We are dedicated to providing exceptional legal guidance and representation. To schedule an initial consultation, call (909) 315-4588!
Court Involvement
You will first file a petition with the courts and have your spouse served by a process server. Second, they will need to respond with a contestation or no contestation. If the divorce is uncontested, it should run smoothly, but if your spouse contests the divorce then you can expect to go to trial. Either way, there is a waiting period of up to six months in order for a judge to grant the divorce or order a trial.
During divorce, you should expect to discuss and come to an agreement on property division and alimony. If you have children together, an agreement should also be reached regarding custody and child support. If you do not come to an agreement, the judge will do so for you during the trial. In addition to filing and serving the proper documents, you will need to abide by several rules set forth by the court.
- Until your divorce is deemed final, you are not allowed to:
- Take your children out of state
- Sell or borrow against any property
- Purchase insurance on the other spouse
It is advised that you seek the guidance of an experienced and knowledgeable San Bernardino divorce lawyer before filing. At the Law Office of Michael R. Young, we can effectively represent you in a court of law and ensure your best interests are heard in court if necessary. We understand that a divorce is never easy and that you need a strong support system to ensure that your rights and future are protected.
Get Guidance from Our Divorce Firm in San Bernardino, CA
Our legal team can assist you with every step of the divorce process. We understand the intense emotional tolls that navigating a divorce can take on our clients—let us alleviate the stress! Our caring, compassionate approach to family law has resulted in high client satisfaction and numerous awards.
If you would like to discuss your divorce with a trusted advocate, contact our firm today.
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- Thinking about filing for divorce
- Concerned about custody of your children
- Worried about the division of your property
If any of these apply to you, take the first step by getting in touch with our family law firm today.
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What is a contested divorce
When spouses don’t agree on an issue, whether it involves child custody or spousal support, a divorce is considered contested. It is the most complicated type of divorce, as a couple will need to go through numerous steps to finalize their divorce. Since contested divorces often go to divorce court with a judge, having legal representation during the trial is crucial.
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How is spousal support or alimony calculated
There are numerous factors considered when a judge is determining how much and how long alimony should be paid. Some of those factors include the earning capacity of each spouse, how long the marriage lasted, the standard of living during the marriage, each spouse’s health and age, marital debts and property, and the sacrifices each spouse made during the marriage (such as staying at home with the children so the other spouse could work).
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Who pays child support and how is child support determined
The noncustodial parent will be responsible for child support if the court determines it is necessary or parents come to an agreement to be approved by the court. The factors used to determined child support include the income / earning capacity of each parent, the number of children shared, each parent’s expenses, child care expenses, and other related issues.
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How is property divided
California is a community property state. That means each spouse is given 50% ownership of the property accumulated during the marriage. This can include homes, vehicles, art, checking accounts, retirement / pension funds, small businesses, and other valuables. Items, accounts, or valuables that were kept separate throughout the entire marriage may be considered separate property and are therefore not subject to property division laws.
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How long does it take for a divorce to be final
This can depend on a number of factors, such as whether it is a contested or uncontested divorce. Even if a divorce is uncontested, there is a six-month waiting period in California for the judge to grant a divorce. Likewise, those seeking contested divorces must wait six months for a trial to be ordered. How quickly a divorce is finalized will also depend heavily on how easily spouses agree on matters such as child support, property division, alimony, child custody, and other important matters.
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Why should I hire a family law and divorce attorney
Going through a divorce or family law dispute can be complicated, confusing, and emotional. Regardless of whether spouses or family members think they are on the same page, having an attorney who is looking out for the best interests of the client can be invaluable. When you hire an attorney, you can have peace of mind knowing your rights and interests will be protected throughout the process. It can also take a great burden off your shoulders during a volatile or emotionally challenging time.
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With more than 70 years of combined experience, our divorce and family lawyers are compassionate, caring professionals.
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e understand how challenging family law disputes can be, whether involving a heated child custody battle or a complex divorce. As a firm with an AV Preeminent® rating and a 10.0 Superb Avvo rating, we are committed to maintaining a standard of excellence in our representation. Why? Because we know that your family and your future is on the line. When you retain us, you are getting understanding, knowledgeable advocates on your side.
With over seventy years of collective insight, we are well-versed on handling even the most complex family law issues in California, from grandparents’ rights to domestic violence and restraining orders. When you need a compassionate family law attorney that you can trust to have your best interests in mind every step of the way, turn to our firm.
Our legal team strives to secure a favorable resolution as quickly as possible—whether in or out of court. Call us now at (909) 315-4588 to schedule your consult.
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