San Marcos, CA Divorce Lawyer

San Marcos, CA Divorce Attorney

Early in a marriage, most couples can’t imagine getting divorced. Unfortunately, divorce is sometimes necessary for a couple’s safety and sanity. Even though it may be needed, it is still a difficult process for both parties, with long-term legal and emotional repercussions. If you live in California, you don’t need to handle a divorce on your own. Consult a San Marcos divorce lawyer about your case.

When deciding on how you and your spouse will split assets or come to agreements regarding child custody, spousal support, or child support, hiring a San Marcos family lawyer can be beneficial for guiding you through the legal process.

How a Divorce Lawyer Can Help

In some divorce cases, the spouses can agree on how they will:

• Divide marital property.
• Determine child custody and support.
• Create a visitation schedule.
• Establish spousal support payments.

Most divorce cases do not end amicably, however, and need the help of a lawyer to arrive at a mutual decision. A skilled and experienced attorney can also assist their clients with the following:

Handling Paperwork

Divorce proceedings involve a lot of paperwork that must be completed. Having a lawyer assist you in filling out the divorce papers and other documents, such as settlement agreements, can be highly beneficial. As they have a thorough understanding of divorce law, they know how to quickly and correctly fill out these forms and then send them to the court for review.

Protecting You From a Hostile Spouse in San Marcos, CA

For those with a controlling or manipulating spouse, having the backing of a divorce lawyer is especially crucial. They can:

• Remind you of your rights.
• Protect your interests.
• Shield your privacy.
• Alert you of what you are entitled to in a divorce.

Throughout the divorce, your attorney can give you legal information and advice, allowing you to defend yourself and your interests against a hostile spouse. If your spouse is using intimidation or attempting to bully you into getting what they want, a lawyer can represent you in communications with them.

Providing Objective Counsel

Aside from giving you legal advice, a lawyer can also help you see objectively, giving you the ability to make smart choices. Going through a divorce can cloud your thought process as you are dealing with a stressful situation and the emotional turmoil that comes with it. A lawyer can show you the potential outcomes, empowering you to make the wisest choices possible for a fair resolution.

Negotiating With Your Spouse’s Attorney

Your divorce attorney can negotiate with your spouse’s legal representation so that you do not have to be involved in that process. You can be sure that your rights are protected as your attorney works to achieve the outcome you deserve. A lawyer’s goal is to help you come to a fair settlement agreement.

Community Property and Property Division in San Marcos, CA

California is a community property state, as established in its divorce laws. This means that all property that has been obtained during the time of the marriage is considered community property, or property that is owned by both spouses. All community property should be split fairly between the couple.

Anything you own, including debts, retirement funds, savings accounts, and appliances within the marital home, may be divided during the divorce process. Whatever property is separate or owned by only one spouse will not be divided between the couple.

A No-Fault Divorce State

California allows for no-fault divorces, meaning that one spouse may file for divorce without demonstrating to the court that their spouse caused the marriage’s breakdown. Rather, one spouse can file by stating that there are irreconcilable differences. The marriage can end in divorce if one spouse files, even if the other spouse does not wish to dissolve the marriage.

The Divorce Waiting Period

Whether you and your spouse can quickly reach an agreement or must face litigation for an extended period, you must wait six months before you can legally be divorced. By California law, the waiting period from filing to finalizing must be at least six months. 

Also, before finalization, the couple must share their financial information with each other, create an agreement regarding the division of property, and determine a parenting plan.

San Marcos Divorce FAQs

Q: Does It Matter Who Files for Divorce First in San Marcos, CA?

A: No, it does not usually matter who files for divorce first in San Marcos, California. If one spouse wishes to present their case to the court first, then it would make sense for them to file first. The person who files first is known as the petitioner, while the other person is known as the respondent.

Q: How Do You Start the Process of Filing for Divorce in San Marcos, CA?

A: You can start the process of filing for divorce in California as long as you meet the requirements. You must be a California resident for at least six months and reside in the county where you intend to file the divorce petition for at least three months. You will then need to retain a lawyer, as they can help you fill out and file the necessary paperwork to start the divorce.

Q: Does California Require Separation Before a Divorce?

A: No, California does not require separation before a divorce. It is possible to become legally separated in California instead of getting a divorce. If you are considering separation, you will need to think through the legal consequences of moving out of the marital home before or during a divorce, should you choose to go through with the divorce process.

Q: Can an Out-of-Court Settlement Take Place in a Divorce Case in San Marcos, CA?

A: Yes, an out-of-court settlement can take place in a divorce case in San Marcos, CA. If you and your spouse can talk with each other and negotiate, then you can create and sign a divorce settlement. This will then be sent to the judge, who will look over the agreement to see if it meets the requirements of state law. Typically, the judge will approve it and finalize the divorce without either of you having to appear in court.

Consult a San Marcos Divorce Lawyer

You may have never imagined that you would get a divorce, but it is sometimes necessary for the health of you and your spouse. Despite this, both you and your spouse will likely struggle emotionally, physically, and financially. Fortunately, the divorce process is not one that you need to handle alone. Contact Erica Bloom Law for guidance through your divorce case.