Escondido Divorce Lawyer

Escondido Divorce Attorney

Divorce is considered to be one of the most charged times that a person can go through. It is a life-altering event that requires consideration of various legal, emotional, and financial factors. In California, divorce is governed by family law and can be complex due to its legal framework. The Escondido divorce lawyer at Erica Bloom Law helps our clients understand the laws associated with divorce and provides legal support through the entire process.

Grounds for Divorce in California

The party seeking a divorce in California does not have to prove fault or wrongdoing, making it a no-fault state. Typically, the two primary grounds for divorce are irreconcilable differences and incurable insanity. The phrase “irreconcilable differences” means the couple’s issues have become so big that there is no possibility of reconciliation. Incurable insanity, although rarely used, requires one party to prove that the spouse is legally insane and the condition is incurable.

Separation Period

California does not require a long separation period, like other states do, before being able to file for divorce. As soon as the couple declares irreconcilable differences, they are able to file the petition for divorce. The state does impose a six-month waiting period from the filing date before the divorce can be finalized. A dedicated Escondido family lawyer can help with the filing process for Erica Bloom Law clients.

California Divorce Process

There are a number of steps in the divorce process in California. Having an experienced Escondido divorce attorney help guide and assist you through these steps can help ease the process and ensure you receive an optimal outcome.

1. Filing a petition. Once a spouse initiates the divorce, they have to file a petition for the dissolution of marriage with the court.
2. Serving the petition. After the petition has been filed, the filing spouse has to serve the other spouse with the divorce papers. The other spouse then has a chance to respond to the petition.
3. Responding to the petition. The responding spouse has 30 days to respond and must indicate whether they agree or are contesting the divorce.
4. Discovery and negotiation. During this phase, both parties go through a series of exchanging information and financial documents. The couple attempts to resolve any disputes and negotiate terms through mediation and other alternative dispute resolution tactics.
5. Court hearings and trial. If an agreement is not reached through the negotiation process, the divorce may go to trial. Having a legal presentation is important if this step occurs.
6. Final judgment. Once all issues are resolved, a judge will grant a final judgment of the dissolution of the marriage.

Key Issues in a Divorce

There are many key issues in a divorce that a couple must work through. Not all couples agree on these aspects, and having an experienced divorce attorney from Erica Bloom Law can help couples reach an agreement faster.

• Property division. California is a state that follows a fair but not equal framework when it comes to property division in a divorce. Individual property will go to the owning spouse; however, community property will need to be divided based on a number of key factors. If a couple can reach an agreement on these assets, then a formula will not need to be used.
  There are many occurrences when divorce lawyers have to help determine who deserves what property based on earnings, contributions to marriage, length of marriage, and more. Real estate, bank accounts, investments, retirement accounts, and debts are things that couples must decide on when it comes to property division.
• Spousal support. Spousal support refers to the financial support that one spouse may be required to pay to the other spouse. This support is not permanent and is unique in every situation. Factors that help determine the amount and length of spousal support are the length of the marriage, the recipient of the spouse’s needs, the spouse’s ability to pay, the standard of living established during the marriage, and contributions to the marriage.
• Child custody and visitation. The best interest of the child is the primary concern of the court when it comes to child custody and visitation in a divorce. Divorce lawyers help determine this and help mediate an arrangement among families.
• Child support. California has a state-mandated formula used to determine the amount of child support that needs to be paid. The income of both parents, the amount of time each parent spends with the child, and other factors are all used to create this amount. When the child turns 18, child support ends in California.

Why Hire an Escondido Divorce Lawyer?

Having an Escondido divorce lawyer from Erica Bloom Law guide you through the divorce process can help ensure you receive a positive outcome. Oftentimes, divorces are not all amicable and require some sort of negotiation or mediation. The actual legal process can be complex as well, and having someone with California family law knowledge and experience on your side can make the process go as seamlessly as possible.

A divorce lawyer from our firm can help you understand your legal rights, present you with your options, provide guidance on the division of assets, represent you through negotiations and any court appearances, and ensure all legal documents are properly filed and there are no missed deadlines.

Escondido Divorce Law FAQs

Q: How Much Does a Divorce Lawyer Cost?

A: In California, the cost of a divorce lawyer varies on a number of factors. Typically, divorce attorneys charge a retainer fee of $1,000 to $5,000 or more and between $300 and $600 per hour, depending on the type of divorce, time required, and expenses.

Q: What Is a Wife Entitled to in a Divorce Settlement in Escondido, CA?

A: Although it depends on the particular factors of the case, in Escondido, a wife is entitled to half of marital property, spousal support, and child custody and support. A wife can receive up to 40% of their partner’s income to cover spousal support, child custody, and child support.

Q: Who Pays for a Divorce in Escondido, CA?

A: Each spouse is responsible for their own divorce fees in Escondido, CA. There are special circumstances when the court may decide that one spouse is responsible for some or all of the divorce fees, though. The goal of the court is to ensure that both parties have legal representation throughout the process.

Q: What Type of Lawyer Is Ideal for Divorce?

A: A family lawyer focused on divorce and family law is the ideal type of attorney for a divorce. A spouse should make sure they hire a divorce lawyer who has experience with cases like theirs and local knowledge of family court laws.

Erica Bloom Law has experience helping clients receive a positive outcome in their divorce. Our Escondido divorce attorney is well-versed in local and state family court laws and has reviews that back up our experience in helping people like you receive what they deserve during this life-altering time. Contact our office today so we can answer any questions and get started working on your case.