El Cajon Divorce Lawyer

El Cajon Divorce Attorney

Divorce can be one of the hardest transitions in life, but knowing the laws regarding divorce in California can make the process less stressful. An El Cajon divorce lawyer can provide valuable counsel so that you can fulfill state mandates, understand your rights, and work through the divorce process.

Why Choose Us?

At Erica Bloom Law, we know that divorce can be a difficult time for everyone involved. In the most amicable situations, divorce is still a major life event. An El Cajon family lawyer from our firm can help you in the process of divorce and ensure that you have everything you need to have the smoothest process possible. We can fight for your rights and handle the legal side of things so you can have more time to focus on your family.

California’s Divorce Process

In California, divorce begins with meeting residency requirements. You or your spouse must have resided in California for the last six months and in the county in which the divorce is filed for three months. There are exceptions for certain circumstances, such as same-sex couples who were married in California but have moved to a state or country where their marriage isn’t legally valid.

California is a “no-fault” divorce state, meaning divorces are filed on the grounds of irreconcilable differences or one spouse’s irreversible loss of judgment. It is not based on grounds of adultery or misconduct.

How To File for Divorce

The divorce process starts with the divorce petition. One spouse (the petitioner) fills out the paperwork, including forms for any requests for child custody, visitation, or support. The documents are to be served on the other spouse (the respondent) once they are filed. You can serve divorce papers by process server, sheriff, or mail with acknowledgment of receipt.

Once served, the respondent has 30 days to answer the petition. At this point, both parties must submit accounting statements detailing income, expenses, assets, and liabilities. Such openness ensures equitable sharing and support structures.

There will likely be a filing fee associated with filing for a divorce, but fee waivers may be available for those who are unable to pay.

Uncontested Divorces

Couples who reach a settlement regarding all the terms of their divorce, such as division of assets, spousal support, and child custody and support, can choose an uncontested divorce. The reduced court hearings in this streamlined process can save time and money. This is usually the most favorable option.

There are couples who are entitled to a summary dissolution, which is easier if they have fewer issues to work out, such as having no children or substantial assets. A mediator can help if the couple has issues they do not agree on but would prefer not to rectify them in a courtroom.

Primary Issues in a Divorce

When a couple divorces, there are usually a few main issues that they seek to resolve. These include:

• Division of assets. California employs the community property system, where everything you obtain during the marriage gets divided equally. However, distinguishing between community and separate property isn’t always straightforward. Assets, such as pensions, businesses, and real estate, are evaluated by a divorce lawyer to ensure an equitable distribution.
• Child custody and child support. California courts tend to consider the child’s best interests and are generally favorable toward joint custody. Custody terms are contingent on each parent’s circumstances, including their capacity to foster a secure environment. Your attorney can fight for a parenting arrangement that suits your child’s needs.Child support considers both parents’ income, the custody arrangement, and the child’s specific needs. If changes arise, which could be job loss or more expensive childcare needs, a lawyer can request a modification of payments.
• Support payments. Support payments are determined based on several aspects of the relationship, such as how long the marriage lasted, lifestyle during the marriage, and the financial situations of each spouse. A lawyer can negotiate to make sure the support agreement accounts for these elements and is fair to both parties.

Even when a divorce is contested, most divorces in California are settled through negotiations or mediation instead of a trial. Oftentimes, disputes are more easily and quickly resolved outside of court. Your attorney can make sure your interests are considered should your divorce proceed to court.

El Cajon Divorce Law FAQs

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

A: The price of a divorce lawyer in California will vary from case to case based on the complexity of the case and the experience of the lawyer, in addition to other factors. Hourly fees are usually charged and can add up in contested divorces. For financial management, couples might pursue mediation or an uncontested divorce. You can discuss potential fees with your lawyer during an initial consultation.

Q: What Type of Lawyer Is Ideal for a Divorce?

A: The ideal lawyer to handle a divorce is one who focuses on family law. This includes issues such as divorce, child custody, child support, and support payments. You will want to hire an attorney who is knowledgeable about California’s family laws and can fight for your rights when it comes to family issues.

Q: Who Pays the Legal Fees in a Divorce in El Cajon, CA?

A: In El Cajon, CA, each spouse is typically responsible for their own legal fees. If there is an apparent income gap between the two spouses, the court may order one spouse to pay for the other’s legal fees. This can be the case for one spouse who was the sole income earner while the other spouse devoted their time to managing the home and raising the children.

Q: What if I Can’t Afford a Divorce Lawyer in California?

A: You may have several options if you are not able to afford a California divorce lawyer. You may be eligible for free or low-cost legal representation from nonprofit agencies. Some attorneys are paid on a schedule or on a sliding scale. Courts can waive filing costs for low-income individuals. It is also possible to represent yourself, but it is highly recommended that you get guidance from a legal professional if you can.

Contact Erica Bloom Law

If you or a loved one is considering or going through a divorce, Erica Bloom Law can help you in this legal process. Contact us today to get started.