Murrieta Divorce Lawyer

Murrieta Divorce Attorney

If you are going through or are expecting to go through a divorce, you should speak with a Murrieta divorce lawyer. A divorce lawyer can be an excellent resource to have on your side during this time. Divorce can be a mentally and emotionally challenging process. It can affect all family members involved, especially children. Having an experienced divorce lawyer on your side can make the process much easier.

Filing for Divorce

Filing for divorce starts when one spouse files a petition with the county court. A petition will also need to be accompanied by a summons. A summons is a notice to the other spouse that a divorce has been filed, and they have a limited amount of time to respond.

A petition is a formal request for divorce. It should list the factual information required for a court to grant it. Included will be residency information, the position of each spouse on divorce issues, the date the marriage began, and any hospital separations between the couple. The issues such as property distribution, child custody, child support, and alimony may also be outlined.

Serving Divorce Papers

Once the petition has been filed, the next step is to serve the papers. The filing spouse must arrange for the other spouse to be served. This can typically be done through the county sheriff or another third party over the age of 18. A friend or relative could also be used, but if you fear inappropriate or violent behavior from your spouse, you should use a professional. Remember, you are never allowed to serve the papers yourself, and you should not use children to do it.

The papers should be served soon after filing. The respondent spouse will be able to see the filing date, and if there is a large gap between the filing date and the time of serving, the spouse may feel deceived. It could also cause you problems during your case.

Responding to the Divorce

The respondent spouse can either agree or disagree with the divorce. They have the right to have their side of the story heard before the court. They have the same opportunity to present their wishes for divorce and views on child custody, child support, etc. A response can be served either in person or by mail.

Tips for Divorce

Some tips to help you through the divorce process include:

• Gathering information. You should gather facts about your assets and liabilities. Property, children, and assets will all be important factors in a divorce case. You can prepare yourself by gathering information about these items and having them ready for your attorney to review. Your spouse may be doing the same thing, so you should act fast.
• Avoid social media. You should refrain from posting anything relating to the divorce on social media. Not only may it be illegal, it could cause you serious pain in your case. What you post on social media may be admitted as evidence. It could be used against you, and it could show that you are being uncooperative, which could be unfavorable in the eyes of the court.
• Communicate effectively. Whether it is with your spouse, your children, or your attorney, you should work hard to show effective communication. This can look favorably to the court. You want to demonstrate your cooperativeness and willingness to seek a fair resolution.
• Have patience. Although it may be enticing to seek a quick resolution to your divorce, you should avoid agreeing to a hasty settlement just for time’s sake. Divorces can vary in the length of time needed to finalize, depending on their complexity. It is better to get all the details right than to quickly jump to an unfair settlement. Once the divorce decree has been granted, it is extremely difficult to modify it.

How a Divorce Lawyer Can Help

A divorce lawyer can help in several ways. They can be the trusted legal counsel to lean on throughout the divorce process. Of the many services they offer, some of the most important things a divorce lawyer can provide include:

• Protecting your rights. Each spouse is entitled to have their rights protected during the divorce proceeding. It is not uncommon for divorces to become contentious. There can be a lot of emotion and heartbreak involved, and tensions can flare. It is crucial to remain calm and collected and trust your lawyer to have your back. Your lawyer is looking out for your interests and will ensure your legal rights are protected. They can spot any suspicious tactics used by your spouse.
• A good lawyer is a strong negotiator. Negotiation is a crucial part of every divorce process. A lawyer can take the lead in this area and fight for you to get a fair deal. It is likely that your spouse will have experienced legal counsel on their side, so attempting to negotiate with a seasoned attorney yourself is never a good idea.
• Legal knowledge and acumen. An experienced divorce lawyer can help you explore all possible legal options available to you. They can also help you navigate the California court system. There can be strict legal deadlines and documentation. A lawyer can review all documents before you sign them and ensure they are filed correctly with the courts. The worst mistake to make is to sign something that puts you in a bad position. A lawyer will help you avoid this.

FAQs

Q: How Much Does Divorce Cost in California?

A: The costs of divorce in California can vary depending on a multitude of factors. One of the most influential factors is the complexity of the divorce case. If there are children involved, a substantial amount of assets, or several disputed issues, it can complicate the process. Additionally, you should consider the location and experience level of the divorce attorney. A final factor is whether the divorce is contested or uncontested. Uncontested divorces can be much cheaper than contested ones.

Q: Is There a Difference Between a Divorce and a Legal Separation?

A: Yes, there is a difference between a divorce and a legal separation in California. One of the biggest differences is the permanence. Divorces, once finalized, are permanent. Divorced spouses are officially single in the eyes of the law. Couples that legally separate have an opportunity to reconcile and get back together.

Another difference is the residency requirements. Only divorcing spouses are required to meet this requirement. Finally, legal separation does not require a waiting period.

Q: Who Can File for Divorce in California?

A: Either spouse can file for divorce in California. If one of the spouses fulfills the six-month residency requirement, the divorce may be filed with the court. All divorces start with a summons and a petition. If there are children involved, a declaration may need to be filed as well. This is outlined in the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act. If you need help with filing the initial divorce petition, you should speak with a qualified attorney.

Q: Do You Need a Lawyer to Get Divorced in California?

A: You are not legally required to have a lawyer to get divorced in California, but it is highly recommended that you have one. A lawyer can help you avoid any legal pitfalls or mistakes that people commonly make. It can be difficult to navigate the California court system without experienced legal help. A lawyer can be a worthwhile investment to have on your side. Speak with a family attorney today to prepare for your divorce case.

Q: Is California an At-Fault Divorce State?

A: No, California is not an at-fault divorce state. It is a no-fault divorce state, which means filing spouses do not need to prove the other spouse did something wrong to warrant the divorce. These kinds of divorces can be a simpler process because they allow spouses to divorce more amicably instead of having to bring up potentially painful or embarrassing issues before the court. Spouses can and often do cite irreconcilable differences as the main reason for divorce.

Contact A Legal Team That Can Support You

Divorce can be a difficult process for families to go through, but it may be necessary for marriages that are not working out. No one gets married with the expectation that they will later be divorced, but it is helpful to have a strategic plan in place for divorce. Divorce can have a ripple effect on your life. Things like child custody, child support, alimony, property distribution, and estate planning must all be considered. An experienced legal team can help you prepare.

At Najera Law Group, APC, our legal team is ready and able to assist you with your divorce proceedings. We have a demonstrated history of helping spouses all over California with their cases. With our team on your side, you can trust you are getting the proper legal advice and counsel you need to navigate through your divorce. We can help you explore your legal options and come up with a customized solution. Contact us today to see how we can help you.