Fontana Divorce Lawyer

Fontana Divorce Attorney

Choosing to divorce is an incredibly difficult decision to make. While there are many complicated details that must be assessed, maintaining your emotional and mental health throughout the process is also important. A Fontana divorce lawyer can help with this, sharing some of the legal burdens you are carrying and offering a compassionate shoulder to lean on during this time.

At the Edgar & Dow, we are familiar with the complexities of divorce cases. No two couples are the same, meaning each case is unique and requires special attention. We are dedicated to ensuring our family law clients in Fontana receive top-tier legal guidance and will work hard to handle your case efficiently.

California Divorce Law

California’s laws concerning divorce are based on a no-fault framework, meaning that neither spouse needs to have committed a wrong against the other in order to qualify to file for divorce. One spouse simply needs to want to be legally separated in order to begin the process. In order to file for divorce in California, one of you must have lived in the state for the last six months and within your county for the last three months.

The divorce process starts with filing the proper legal forms with the court system. A copy will be delivered to your spouse, and from there, the two of you will begin making decisions concerning factors like child support and custody, spousal support, and property ownership. An attorney can help you understand your options and negotiate with your spouse or spouse’s attorney. Once you have agreed upon the terms of the divorce, you can submit the final paperwork and your divorce will be final.

Contested vs. Uncontested Divorce in California

In California, divorce cases are separated into two distinctive categories: contested and uncontested. Contested divorce refers to cases in which spouses cannot reach an agreement concerning one or more factors of the divorce. Uncontested cases refer to situations in which spouses agree on every detail, from the major ones to the minor ones. Even one seemingly insignificant disagreement can require a case to be considered contested.

While uncontested divorces usually move through the system more quickly than contested ones, you should not hesitate to make your intentions known. Even if they are not granted, expressing your interests can help ensure that your needs are taken into consideration by the court system. An experienced lawyer can advocate on your behalf, making a contested divorce case less intimidating.

Decisions You Will Need to Make

Getting a divorce in Fontana is no simple task. For couples who are recently married, there may be fewer decisions to make, and therefore divorce may be a simpler process. However, if you and your spouse have been together for an extended period of time, there can be many decisions to make that you may not be aware of. Hiring a lawyer can help ensure you don’t miss any important details.

Some of the typical decisions that need to be made in any divorce case include the following:

• How you will divide your joint assets and property. While you and your spouse may have certain property and assets that each of you own separately, there is likely some amount of assets that you own together. These may be split evenly between the two of you, or you may come to some other agreement.
• Who will have custody of your children, or if you will share custody. This can be one of the more difficult questions to answer when navigating divorce terms. You and your spouse must come to an agreement concerning both physical and legal custody, both of which may be shared. In some cases, these decisions are made in court.
• Whether spousal support is needed. In some cases, one spouse has been financially dependent on the other during the marriage. In the event of a divorce, spousal support will need to be determined or order to ensure that neither spouse is unfairly affected financially by the resolution. These payments are often temporary and are provided long enough to ensure the receiving spouse is able to become independent.
• Changing of wills and other legal documents. Spouses who once included each other in their wills may no longer want to do so after divorcing. These decisions are sometimes made while couples are in the divorce process to save time in doing it later.

Many couples are able to reach decisions on these matters with the help of a lawyer and can avoid having their divorce go to court. It is important to note, however, that all matters must be approved by a judge before they become legally binding and the divorce is finalized.

Alternatives to Divorce in California

In some cases, you may be able to take a simpler route to separate from your significant other. Being able to do so depends on various factors, including primarily how long you have been together. Two typical alternatives include annulments and legal separation agreements.

An annulment is a legal process by which a void marriage is recognized. These are cases in which the marriage was never legal in the first place. Legal reasons that are sufficient for annulments include being under the age of 18 at the time of marriage, fraud or misrepresentation, lack of consent, incest, bigamy, mental incapacitation, or previously undisclosed impotence.

A legal separation is a situation in which two spouses remain married, but their property and financial assets are divided by a court. There may be a division of responsibility for children, as well. Some of the reasons couples choose legal separation over divorce include religious beliefs and wanting to avoid divorce expenses. It is important to note that even when a legal separation becomes finalized, the two involved spouses are still legally married.

How a Divorce Lawyer Can Help in Fontana

Aside from the process of divorce causing a great emotional strain on all involved parties, there are also many legal complexities that must be worked through. Having a divorce lawyer who can offer legal advice and guidance can help to alleviate some of your burden. This includes helping with paperwork, advising you of the details of your options, and ultimately staying mindful of your interests when nobody else is.

While you may not receive everything you were hoping for after a divorce, a lawyer can take all of your wishes into consideration while fighting and negotiating for your desired outcome. Remember that you do not have to be alone, even in the midst of separating from your spouse.

FAQs About Fontana, CA Divorce Laws

Do Divorce Lawyers Offer Payment Plans?

Each divorce lawyer can choose their own payment structure, and many offer payment plan arrangements. Some lawyers may require a one-time, up-front fee, while others may require payments to be made according to the number of hours they work. Ultimately, the option of a payment plan will depend on the lawyer you choose. It is recommended that you discuss payment options at your first consultation with a divorce attorney.

What Is the Difference Between a Divorce Lawyer and a Divorce Attorney in California?

There is a subtle difference between lawyers and attorneys. The most significant difference is that attorneys have the legal authority to represent clients in court, while lawyers are limited to offering legal advice. This is because attorneys have passed the bar exam for the state in which they are practicing, which grants them the legal ability to practice law on another’s behalf.

Do I Need a Divorce Lawyer in California If We Agree on Everything?

While hiring a lawyer is not a legal requirement for divorce, there are many benefits to hiring a divorce attorney, even if matters between you and your spouse seem to be peaceful. Any agreements set forth between a couple in a divorce must be approved by a judge. Your attorney can help you understand the complex laws concerning divorce and separation, ensure that all the paperwork you are signing meets legal requirements, and represent you and your interests.

What Are the Grounds for Divorce in California?

California functions as a no-fault state in regard to divorce. This means that a spouse does not need to prove fault to file. You can file for divorce on the grounds of irreconcilable differences or permanent legal incapacity, meaning your spouse cannot make legal decisions due to a medical condition. Whether you or your spouse is the one filing for divorce, an experienced divorce lawyer can walk you through the process with care.

The Edgar & Dow – Divorce Lawyers

There are many details of a divorce case that can be overwhelming to navigate, especially without legal guidance and support. Additionally, it can be intimidating to make decisions concerning your children without the legal advice of someone who can help you understand your rights as well as theirs.

The good news is that you do not have to walk this road alone. A seasoned divorce lawyer can take the pressure off of you and assist you in these decisions and circumstances. At the Edgar & Dow, we have helped many clients achieve the happiness and freedom they are searching for after a divorce. Contact us today to learn more about how we may be able to help.