SHAME-FREE DIVORCE LAW
FAMILY LAW FOR ANY SITUATION
THE DIFFERENT TYPES OF DIVORCE
Is Cause Required for a Divorce?
In California, you do not need to prove fault or causation to get a divorce. The courts do not require proof of fault to finalize a dissolution of marriage. It will not matter whether one of you is to blame for creating problems or irreconcilable differences. The courts will accept and process your divorce case if you only cite irreconcilable differences as the cause of your no-fault divorce. You generally will not need to go into detail about the reason for your divorce. Cause will not impact the judge’s decisions in California. As a true no-fault state, a couple cannot try to use causation or blame against each other during a divorce case in California. A judge will not take fault into consideration when deciding matters such as property division or spousal support. Instead, the courts will assess the situation based on facts such as each person’s income and the length of the marriage. Even if you blame your spouse for the divorce, you will not be able to use causation against him or her during your case in most respects. The courts will generally not use causation as a determining factor in your divorce.
What’s the Difference Between Contested & Uncontested Divorce?
Once you and/or your spouse decide to divorce, you will determine whether it is contested or uncontested in how you work together. It is generally in your best interests to strive for an uncontested divorce, as this will save you time and money. An uncontested divorce means you and your spouse agree on all the terms of the dissolution: property division, spousal support, child support and child custody. If you and your spouse can agree on the terms of your divorce, you can write up a divorce agreement on your own and present it to a judge. A contested divorce means you cannot work together and will need a judge to intervene. A lawyer can help you achieve an uncontested divorce. With help from a Folsom divorce attorney, you may be able to create a plan with your spouse that works for both of you. In most cases, a judge will sign off on the plan a couple creates, as long as it is legal and reasonable. Otherwise, the case will go to a judge to decide. An uncontested divorce saves time by allowing you to avoid going to court. If you have to go before a judge, you may have to wait weeks or months until your scheduled hearing. Then, you and your spouse will have to go up against each other during a trial. An uncontested divorce can also save you money by eliminating court costs and legal fees. The first step in achieving an uncontested divorce is working with your spouse to determine what you do and do not agree upon. In some cases, compromising on the terms of a divorce will be easy. Most couples, however, need a type of alternative dispute resolution to successfully compromise on the terms of the split. Mediation, for example, is a meeting with you, your spouse, your lawyers and a third-party mediator. The mediator will help you compromise with your spouse but will not have any say in the results of the meeting. Mediation or arbitration can increase the chances of achieving an uncontested divorce. It can provide an opportunity to work through important issues with your spouse with help from a mediator and family law attorneys. Enter into mediation with an open mind for the best odds of success. Hire a divorce mediation lawyer to clear up miscommunications and facilitate productive conversations. Do your best to save your family time, money and stress by avoiding a contested divorce and working with your ex-spouse to achieve an uncontested one.
HOW much does a divorce cost?
Cost is a common concern for participants of a divorce case in California. Many people talk about how expensive a divorce can be for both partners. The actual cost of your divorce case will depend on your specific situation. Some planning on your part could help you reduce the costs of your divorce and avoid unwelcome surprises. In California, the fee to file a divorce petition is $435 per person. You may qualify to waive the filing fee if you can prove you are a low-income individual. Additional costs to get a divorce will depend on the measures you must take to resolve your case, such as the experts you may need to hire.
- Child custody evaluator
- Divorce lawyer
- Financial advisor
- Forensic accountant
- Private investigator
- Public accountant
- Real estate appraiser
- Tax advisor
- Vocational evaluator
The final price tag on getting a divorce can vary from a few hundred dollars to $15,000 (the national average per person) or more. This is only the cost to get a divorce. It does not include the amount you stand to lose in property division. Talk to an attorney for a closer estimate of what your case will cost based on its specific facts. You may be able to mitigate the costs of getting a divorce in Folsom with a few key tips. The first, and most important, is avoiding a divorce trial. Going to trial is where the costs of divorce quickly start to escalate. You can keep the costs of your divorce case more manageable by entering into divorce negotiations with an open mind and trying to reach a settlement agreement outside of court. A no contest divorce could save you thousands of dollars in legal costs and court fees. It could also allow you to remain in control of the outcome of your divorce case. This can mean saving money through a better property division or spousal maintenance arrangement than a judge might have granted.
How Can a Divorce Attorney Help?
Hiring a Folsom divorce attorney could make it much easier to work through your divorce case. Rather than taking on the complicated laws that apply to your case alone, you can trust your lawyer to navigate them for you. Your lawyer will be someone you can trust and rely on during a challenging time in your life. From answering all of your legal questions to identifying and working toward your goals for a divorce case, your lawyer can provide many important services to make getting divorced easier on you and your family. First, your divorce attorney will get to know you and your family. Consultations with you can help your lawyer understand the situation and determine your goals for resolution. You will have the opportunity to ask all of your questions and learn about the divorce process in California. Your lawyer will then strategize a game plan for your case based on the facts provided. Your lawyer may recommend mediation or informal meetings with your spouse to try to negotiate a settlement and avoid going to court. If your lawyer cannot convince your ex-spouse to work with you or compromise on the key terms of the divorce, your case may have to go to trial. A divorce attorney can represent you during the trial process in Folsom. Your lawyer can help you understand what to expect as well as take care of difficult or confusing tasks for you. Your lawyer can present evidence against your ex-spouse in court, for example, or argue for a certain custody agreement. Hiring a divorce attorney can allow you to protect your rights and work toward your goals during every phase of the divorce process.