When you’re celebrating your wedding day, the last thing on your mind is how or when your marriage will end. You’re thinking about forever, not 10 years from now when everything falls apart. Divorce is a trying experience that no one should have to navigate alone. If you need to consider a divorce, working with a divorce lawyer can affect the outcome of what is already a difficult and trying situation.
Dana Point Practice Areas
Contact the Dorie A. Rogers
Dorie A. Rogers, has more than 30 years of experience and is certified as a family law specialist by The State Bar of California Board of Legal Specialization. Only a small percentage of California family law lawyers who have demonstrated high ethical standards and a unique level of experience, education, knowledge and skill in family law achieve this recognition.
Contact our Dana Point divorce lawyers today to schedule a consultation with an experienced divorce lawyer. We offer a variety of representation options, including the cost-effective opportunity of working with our associate attorney, Lisa R. McCall, under the supervision of Ms. Rogers.
Sometimes, the optimal option for a family is for spouses to pursue a divorce. Contrary to commonly held beliefs, a Dana Point divorce does not have to be a drawn-out, difficult, or even painful process. A Dana Point divorce lawyer from The Dorie A. Rogers, APC, can help you and your spouse work through the steps of a comprehensive divorce in an efficient manner.
Our family law firm has years of experience helping couples separate or divorce, and we have worked with simple and complex divorce cases involving matters related to child custody, child support, spousal support, and property division. Whatever your divorce needs may be, a divorce attorney from our firm can support you in your case so that you can move forward with peace of mind.
Dana Point Divorce Explained
A divorce is a legal process that marks the end of a marriage in California. Going through the divorce process means that your case must pass through the CA court system, and a judge will need to approve your divorce agreement. A Dana Point divorce case may include the resolution of important issues such as:
- Spousal Support. Otherwise known as alimony, this is the amount of money that a higher-earning spouse might be required to pay the other spouse for a certain or indefinite period of time after the divorce.
- Child Support. Child support payments are made from one divorcing spouse to the other to cover critical expenses related to the well-being of the child, such as food, shelter, and healthcare.
- Child Custody. Divorce cases involving child custody determine whether the custody arrangement will be joint or sole, where the child will physically reside, and who will make important decisions regarding the child’s life and well-being.
- Property Division. Property division during a divorce considers only the joint marital property that was acquired during the marriage to be divided equally amongst the divorcing parties.
A divorce can be simple or complex, depending on factors such as the length of the marriage, whether there are children involved, how many issues are contested, and whether the divorce is amicable or not. A divorce lawyer from The Dorie A. Rogers, APC, can assist you with your divorce needs despite the complexity of your case.
Q: What Is a Summary Dissolution of a Marriage in California?
A: An alternative to divorce in California is the dissolution process. A marriage dissolution can be easier and more streamlined than a California divorce. However, most couples are unable to qualify. In order to go through the dissolution process, certain critical requirements must be met, such as:
- The length of the marriage was under five years.
- There is no land or real estate property ownership involved.
- You and your spouse are not parents of a child together.
- You have not been in debt of over $6,000 since the commencement of the marriage.
- You do not own over $45,000 in separate property.
- The marriage does not own over $45,000 in community property.
- There is an agreement that spousal support will be given.
- You are not a landlord or engaged in a rental agreement as a renter.
- One of the spouses has a minimum CA residency of six months.
- One of the spouses has lived in the county where the dissolution is being filed for at least three months.
If you meet all of the requirements, then together, you and your divorcing spouse can draft, agree on, and sign a document that specifies how the marital property will be divided. A summary dissolution of marriage is an efficient and simple way to end a short marriage that does not involve children, many assets, or debts.
If you’d like a simple, quick divorce, the legal team at The Dorie A. Rogers, APC, can analyze your case details and help you decide whether a summary dissolution of marriage is a feasible option for you.
Determining Spousal Support
If you are a divorcing spouse in Dana Point, you are likely wondering whether you will pay or receive spousal support and what factors will determine the amount that will be paid. When determining spousal support payments, courts will take a number of factors into account, including:
- The length of the marriage
- The quality of life during the marriage
- The income of each spouse
Spousal support in Dana Point will not automatically be ordered. In cases where spouses have different incomes or have been married for a long period of time, it’s more likely that the court will deem it necessary. If your income is similar to your spouse’s and your marriage was short-term, a court will be less likely to order spousal support.
A Dana Point spousal support lawyer can help you understand the factors that determine spousal support payment amounts and assist you in working toward an optimal payment arrangement.
Q: Where and How Do I File for a Divorce in Dana Point?
The location and timeline of a divorce can vary based on the factors of your individual case. If you are the individual who is filing for divorce, you will need to have been a resident in the county where you wish to file for divorce for at least three months.
Additionally, you will need to have lived in California for a minimum of six months. Then, you will submit the paperwork for filing the divorce with your local county courts. A copy of these papers must be served to the other spouse so that they have adequate time to respond.
If you have not lived in the state or county for the minimum time period requirements, then it is possible to file for legal separation instead. After you have established the minimum residency, then you can amend the legal separation to a divorce. A Dana Point divorce lawyer can walk you through the process of filing for divorce or separation with the local court system.
Family Law Divorce Attorney FAQs
Q: Does It Matter Who the California Divorce Petitioner Is?
A: It typically does not matter who files for divorce first in a California divorce case. The individual who files first is known formally as the Petitioner. There is no advantage for filing first, as the court will not show preference for either spouse. If you are unsure about whether or not you should file first for your divorce, an experienced family lawyer can assist you with your case and give you legal advice to support your decision.
Q: Do I Need to Split Everything in My California Divorce 50-50?
A: California is a community property state, which means that all property and assets that were accumulated during the marriage, such as the family home and joint bank accounts, must be split fairly and equitably in half. However, all property that is considered to be separate property, or assets that are owned by one individual outside of the marriage, are not subject to division in a California divorce.
Q: How Much Does a CA Divorce Lawyer Cost?
A: In the state of California, divorce lawyers typically charge an hourly rate. This rate can range anywhere from a couple of hundred dollars to thousands of dollars per hour, depending on the location of the firm, the amount of time that the lawyer has been practicing, and whether they have certain certifications. Other factors that can influence the cost of the divorce include the complexity of the divorce case, including whether the divorce involves high assets.
Q: Can I Get Rid of All of My Money Prior to a Divorce in California?
A: In California, it is against the law to hide any assets or attempt to spend them all prior to a divorce. During the discovery process in the divorce, both parties must demonstrate all of the separate and joint property they own in order to determine how property division will be carried out and how much spousal support or child support will need to be paid.
It is illegal to tamper with these assets in any way that could affect the discovery process, and doing so could potentially penalize you during the divorce.
Q: How Do I Prove Fault During a California Divorce?
A: California is a no-fault divorce state, which means that you do not have to prove that one spouse was at fault for the dissolution of the marriage. Additionally, you can file for a California divorce even if both parties are not in agreement. Only certain requirements must be fulfilled, such as establishing residency in California and a certain county for a minimum period of time and living apart for a specified time period.
Get the Support You Deserve From a Dana Point Divorce Lawyer
The divorce process can be emotionally difficult and financially taxing as well. A family lawyer who has years of experience with Dana Point divorce cases can help you work toward your desired divorce outcomes while minimizing potential emotional or financial consequences.
Our legal team can support you with legal advice and strategy, bureaucratic and administrative tasks, and the emotional support you need to adapt to your new family arrangement. Reach out today to get started.
“Dorie is a very powerful attorney and a great asset to have on your side in any family legal matter. She is extremely bright and insightful, and I got everything I asked for in my lawsuit.”
“I would strongly recommend Ms. Dorie Rogers for any legal needs. During my Divorce proceedings, Dorie’s professionalism, expertise in Divorce Law and legal skill helped bring my case to a close in both a timely and mutually agreeable manner.Additionally, Dorie took the time to understand me and my background to better represent me in my case. She showed a level of caring and concern that helped me through a very difficult time. She is an outstanding lawyer and wonderful person.”
“Second to none – I wouldn’t hesitate to recommend Dorie to anyone. She was my attorney for my divorce and custody case. She will do everything it takes to get the job done and all with a smile on her face. Her knowledge and expertise will assist anyone in a family law situation get the results they want.”
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