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 Ladera Ranch divorce lawyer can affect the outcome of what is already a difficult and trying situation.
Ladera Ranch 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 Ladera Ranch divorce lawyers today to schedule a consultation with an experienced Fountain Valley 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.
Proving Fault in Divorce
Luckily, California is unlike other states. It’s a no-fault divorce state, meaning that neither party is required to prove the fault of the other party before proceeding with a divorce. This makes the divorce process less complicated for both parties.
Instead of proving fault, California allows one party to claim that the marriage has fully broken down beyond the parties’ ability to repair. Additionally, it allows for just one party to make these declarations, and consent from the other party isn’t required for the divorce decree to be finalized.
Should You Choose Dissolution or Divorce?
Dissolution and divorce are two different circumstances and, thus, have different sets of requirements. Dissolution allows the marriage to be dissolved much quicker than a traditional divorce. It also doesn’t require a discussion with a judge. Although this is an easier and quicker method for dissolving a marriage, an experienced Ladera Ranch divorce attorney can help you determine the ideal ways to proceed.
Dissolution has different requirements than a divorce does. For a marriage to qualify for a dissolution, the following requirements need to be met:
- The parties don’t have children together.
- The marriage has lasted under 5 years.
- The parties do not own buildings or land in any capacity.
- Aside from your residence, you are under no lease agreements.
- The parties don’t owe more than $6000 since the time of the marriage.
- Shared property between the parties is valued at less than $45,000.
- The parties have signed a division of property agreement.
- Spousal support has been declined by both parties.
- One party has lived in California for 6 months at a minimum, and they have also lived in the county where they are filing for 3 months at a minimum.
For spouses who haven’t spent a long time married, and haven’t integrated their lives extensively, a dissolution of marriage can be a useful option. When little to no shared property exists and the parties don’t share children, it can be the right choice. With the assistance of a family law firm, you can be advised on the right way to proceed.
Dissolution vs. Divorce vs. Legal Separation
Dissolution, divorce, and legal separations are actually different ways to separate a marriage. They’re all recognized by the court in distinct ways.
- A dissolution of marriage has to meet the requirements for it to be used. It fully dissolves the marriage between the two parties.
- A divorce also fully dissolves the marriage in the eyes of the court.
- A legal separation is different because it legally separates the parties, but they remain married.
There are reasons why parties may choose to engage in a legal separation instead of a divorce. These reasons are typically because parties benefit from remaining married in some way. They include:
- Retirement benefits
- Pension
- Medical benefits
- Social security
Filing for Divorce
There are some strict requirements for where parties can file for divorce in California. One party must have lived in the state for at least the last 6 months. In addition, they have to have lived in the same county for at least 3 months. This is the county where the filing will occur.
While it’s true that the residency requirements are strict, there are still options for you if you cannot yet meet them. Parties can file for a legal separation and then wait until they meet both the 6-month and the 3-month residency requirements. Also, a waiting period of 6 months and one day must occur before the parties can be legally divorced.
Property Division
The reason why many divorces become so disagreeable is because of the division of property. California is a community property state. This means that any property that has been acquired since the marriage was established is shared property, or community property, between the two parties. This means debts, properties, and assets.
However, any of these things that were acquired outside of the bounds of marriage are not shared. This means anything from before or after the marriage or gifts and inheritances do not apply. The property goes back to whoever acquired it outside of the marriage.
Alimony
Alimony, or spousal support, is a sum of money that is paid by one party to another party to support them after the divorce. Alimony can be temporarily or permanently awarded, and it can be adjusted later. When circumstances change for the parties, such as employment or health matters, the alimony agreement can be modified.
Domestic violence is taken very seriously in divorce proceedings. An abusive partner in Ladera Ranch, CA is not favored by the courts, and if they’re seeking alimony, the court is incredibly unlikely to award it to them. This is regardless of whether they’re seeking temporary or permanent support. If the party also has a previous history of domestic violence, that can be considered in the divorce proceedings. The courts do not look favorably on these circumstances.
Custody Agreements and Child Support
When children and money are involved, divorces quickly get complicated. When parties have a difficult time agreeing, this can put more unnecessary strain on the child at what is already a trying time.
In most situations, the courts will award shared custody between the parties. There are cases where shared custody isn’t in the interest of the child, and a different judgment will be made. This can result in one parent getting full custody of the child, and the other parent being granted visitation rights. This is all dependent on the parents’ specific circumstances.
When determining child support, the courts will look at a few different factors. First, it will take into account the incomes of both parents. Additionally, the courts will consider how much time the parents spend with the child. A parent making more money and spending less time with the child will likely be required to pay child support to the other parent.
FAQs for Family Law Divorce Attorneys
Q: What Is the Average Retainer Fee for a Divorce Lawyer in California?
A: A retainer fee is the upfront payment that a party makes to secure the legal services of a lawyer. The amount of the retainer fee varies based on a few factors, such as the skill and experience of the lawyer. Many lawyers require this initial payment to acquire their services. The average amount is between $3000 and $5000. However, amounts may be outside of these figures.
Q: Do I Have to Pay for My Wife’s Lawyer in a Divorce in California?
A: Each divorce is unique, and decrees are made based on a variety of factors. Whether you have to pay for the other party’s legal fees will be determined by the judge. It’s possible that only some of the costs will need to be covered, but the judge may also decide that all the fees should be covered. This usually happens if one party has a significantly larger income, and they may be required to pay court and legal fees.
Q: What Is a Wife Entitled to in a Divorce in California?
A: The wife in a divorce is entitled to half of the community assets, which are the assets acquired during the course of the marriage. Additionally, a wife may also be entitled to at most 40% of her spouse’s income for spousal support and child support. A wife may also be awarded primary child custody. A few factors are taken into consideration when determining the full amount of payments.
Q: What Is the 10-Year Divorce Rule in California?
A: The 10-year divorce rule refers to a situation where a spouse can receive a larger alimony payment when they have been married for at least 10 years. For marriages that last for less than 10 years, one spouse is typically awarded alimony for half of the duration of the marriage. When the parties have been married for more than 10 years, the spouse may receive payments for as long as the other spouse is able to pay them.
Your Ladera Ranch Divorce Attorney
You may think that you can work through the complexities of your divorce alone, but it can be very difficult to handle something like this without the support of a skilled family law attorney. You need to ensure that property division will be handled fairly and that the spousal support and child support are figured carefully.
When you need legal solutions during a divorce, the Dorie A. Rogers, APC, can help you. Divorce doesn’t have to be scary. Instead, it can be an opportunity for you to have a fresh start. If you’re ready to discuss your divorce, contact us for experienced and knowledgeable help today.
“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.”
Blog
Default Divorce in Orange County, CA: A Complete Guide 2024
Divorce is often a challenging and lengthy process. It can be even more challenging [...]
2024 How to Choose the Best Divorce Lawyer in Orange County, CA? Top Considerations
Choosing the right California divorce lawyer can be one of the most important decisions [...]
How Long Does a Divorce in California Take? [2024 Updated]
By the time most people are involved with the divorce process, they are mostly [...]