Oceanside Divorce Lawyer

Oceanside Divorce Attorney

The decision to legally end a marriage can bring difficult questions about the divorce process. Many spouses worry about legal fees, asset division, and child custody arrangements. To help you navigate this difficult time, an Oceanside divorce lawyer can work to make sure that your wishes are considered by the court.

Protecting your rights throughout the divorce process can improve the chances of a favorable outcome that allows you to move on with your life and focus on co-parenting if you have children.

How Do I File for Divorce in Oceanside?

If you are contemplating divorce or have already separated from your spouse, the first step you should take is to meet with an experienced family law attorney. Your Oceanside divorce lawyer will explain the divorce process in detail. There are certain requirements that have to be met before your attorney can file for divorce on your behalf.

California’s residency requirement mandates that anyone who files for divorce has to have resided within California for at least six months. You must also have lived in the county where you want to file for three months.

There is a waiting period for filing for divorce in California. You can file whenever you are ready, but you will have to wait at least six months from the date of filing before the divorce can be finalized. During this waiting period, your attorney will make sure that your spouse is duly notified of the divorce filing. California is a no-fault divorce state. This means that you do not have to prove that someone caused the divorce.

Common Issues That Will Need to Be Resolved During a Divorce

Every divorce is unique, but there are several areas that may need to be resolved before a judge finalizes your divorce. Your Oceanside family law attorney will help you and provide legal counsel for the following areas:

Child Custody and Child Support

If you and your spouse have children together, the courts will expect certain matters to be resolved before a judge will sign the final decree of divorce. Two areas that will need to be addressed are child support and child custody.

You and your spouse will need to agree on who has legal and physical custody of your children. These forms of custody can be shared, or one parent may have primary legal or physical custody. Legal custody refers to the right to make important decisions on behalf of children, while physical custody deals with where the child lives.

If there is a non-custodial parent, that parent can still have visitation rights. Parenting plans (also known as visitation plans) lay out the framework for which parents see their children at which times. Holidays will need to be planned out ahead of time on a repeating schedule so there is predictability.

Ideally, both spouses will work together to agree on a plan that works for both of them and for their children. When both parents cannot agree, the courts will consider the facts of the case and order a parenting plan that works in the interest of the children. A judge may consider the living conditions of both parents and their ability to provide a stable environment for their children.

When one parent does not have primary custody of a child, they are often ordered to pay child support. This balances the financial burden between the parents because the parent who cares for the child more often incurs greater expenses. California’s family code provides guidelines for how child support is calculated.

Property Division

Along with child custody and child support, dividing assets and debts can be a contentious issue. With the right legal representation, you can navigate this part of a divorce in a fair and equitable manner. California is a community property state. This means that assets and debts that you and your spouse acquired during marriage belong to both of you equally. During a divorce, the courts will expect a fair and equal division of all assets and debts.

The majority of assets and debt in a marriage are considered community property. Examples of community property include properties, homes, bank accounts, cars bought during marriage, furniture, jewelry, and retirement accounts.

Many people focus on assets during a divorce, but any debts from the marriage will also need to be divided. This typically does not include legal fees tied to the divorce. Examples of debt could be outstanding mortgage debt and credit card debt.

Separate property is not divided during a divorce. Separate property refers to anything that is owned outright by one spouse and not the other. One example would be inheritance money. Anything that was gifted to you at any point (including during your marriage) is considered separate property.

In Oceanside, California, separate property is transferable, and anything that is purchased using funds from the sale of separate property also belongs to one spouse. For example, if you owned a car before getting married and sold that car to buy a used car, the used car would remain your personal property and would not be divided during divorce. The burden of proving that an asset is a separate property often falls on the spouse making that claim.

Spousal Support

Not every case will involve spousal support but many do. When one spouse has been financially dependent on the other spouse, the courts may decide to award temporary or longer-term spousal support.

In some cases, a judge may order spousal support for the duration of the divorce to ensure that the spouse does not become indigent. In other cases, the support may last for a set period of time after the divorce. This allows the spouse time to find a means of supporting themselves.

What Does a Divorce Cost in California?

There is no set cost to the divorce process in California. The only fees that apply to everyone are filing fees and any other court fees. In general, the cost of a divorce depends on how complex the divorce is and how much time and resources your lawyer has to put into your representation in family court.

An uncontested divorce is usually associated with lower costs because there is little to no need for litigation when both parties are able to come to a consensus on important issues like property division, child custody, and child support.

There is no way to control or predict the behavior of the other spouse, and divorces are often highly emotional. All it takes is one unreasonable spouse to delay the divorce process. In a contested divorce, coming to a consensus becomes difficult. This can drive up the legal costs on both sides, as the attorneys involved have to spend more time and resources working to settle a case.

One way a contested case can be resolved is through mediation. A neutral third party is used to mediate outstanding disagreements between parties. Mediators are trained professionals who understand how to resolve conflict and how the family court system works. Anything both parties agree to during mediation will need to be approved by a judge. Even if every issue isn’t resolved, mediation can be an effective tool for moving a divorce case closer to resolution.

FAQs

Q: What Is the Average Cost of a Divorce Lawyer in California?

A: No two divorce cases are the same, and there is no reliable way to predict how long your divorce will take and what it might cost. When both parties work collaboratively, and with a willingness to compromise, a divorce will generally have lower legal costs, but your attorney will still have to draft court documents, negotiate with your spouse’s attorney, and work to settle the divorce on terms that are favorable to you.

Q: How Much Is a Simple Divorce in California?

A: A simple divorce usually refers to divorces that are uncontested. Although no divorce is truly “simple,” having an agreement early on over asset division, child support, and child custody issues can cut the need for litigation and costly measures like mediation. A simple divorce would include the filing fee for divorce in California plus any fees required by a family law attorney. A simple divorce would be considerably lower in cost for spouses than a contested divorce.

Q: What Is the Five-Year Rule for Divorce in California?

A: If you have been married for less than five years in California, you may qualify for a type of divorce called summary dissolution. This form of divorce is less complicated than a standard divorce because there is less paperwork involved. Not every couple will qualify for this type of divorce.

Most couples who complete this process have no children together, have low levels of debt and assets, and agree on how to split their property. If you have questions about summary dissolution, your attorney can help you find out if you qualify for this simpler form of divorce.

Q: Is Everything Split 50/50 in a Divorce in California?

A: California is a community property state. This means that assets and debt accrued during marriage will be equally split between the divorcing spouses. When the parties in a divorce can mutually agree on what those divisions of assets and debt look like, the courts will not need to intervene. When the parties cannot come to an agreement, a judge will decide who gets what. Some forms of property, such as inheritance and gifts, are exempt from division.

Schedule Your California Divorce Consultation Today

At Erica Bloom Law, we focus on guiding you through the complexities of divorce law in California. Our strategy revolves around thoroughly grasping our clients’ individual cases. This allows us to offer the most innovative and successful strategies for achieving the most harmonious divorce possible.

Whether we’re settling negotiations or representing our clients in court, we facilitate a seamless transition from your past marriage to the next phase of your life. To schedule your consultation, contact our office today.