Although divorce is a fairly common occurrence, it is still a stressful experience. Many couples have a difficult time going through the divorce process, even if both people agree that it is the best decision.
What many people do not realize is that divorce often comes with other legal negotiations. If you had children, assets, or shared finances during your marriage, the divorce process becomes more complicated. It is important to be prepared for the requirements of divorce. This will keep you from feeling surprised during negotiations.
The best way to prepare yourself for divorce is by hiring a Corona divorce attorney. With the help of a family law expert, your divorce can progress as smoothly and quickly as possible.
For almost two decades, our team at the Law Offices of H. William Edgar has been helping couples in the Corona, California, area seek divorces. We understand the myriad of unique reasons that lead to a divorce, and we are experts at helping couples navigate this difficult time. Regardless of the details of your case, we can help you achieve the divorce terms that are right for you. Our firm can provide reliable information and support for all your family law issues.
We fight passionately for our clients in the courtroom but adopt a sensitive approach in our individual meetings. We understand that this is a vulnerable time for you. Although we have seen many divorce cases, this may be your first experience in this area. For this reason, we extend patience, empathy, and compassion to all of our clients. You can trust us during this vulnerable point in your life.
Our team at the Law Offices of H. William Edgar is highly experienced and offers the best family law counsel in the Corona area.
When you end a marriage, there are lots of considerations that need to be handled before the separation can become official. Although you may be ready to move on, the law requires that you negotiate certain terms before you can end your marriage. Understanding and anticipating these negotiations can help you have a smoother, faster divorce process.
The main purpose of divorce negotiations is to divide assets between the divorcing parties. California is a community property state, meaning that all assets that either spouse acquires during the duration of their marriage are assumed to be shared property. This property needs to be fairly divided when the couple divorces so that each spouse can start their new life with a portion of what they have worked for.
The law requires that each spouse get an approximately equal share of the community property. This may mean selling assets and dividing the profits. This could mean keeping the assets and dividing the assets themselves between the two people. It may also mean a combination of the two.
For example, one spouse wishes to keep the family home. The couple may decide to allow that spouse to keep the home and give assets totaling the house’s value to the other spouse.
Spousal support, or alimony, is another negotiation that may be necessary in the divorce process. Usually, spousal support is appropriate in divorces where one spouse stayed home to care for the family and home while the other worked. Spousal support helps give the stay-at-home spouse an income as they start their new life. It also helps to compensate for the fact that the stay-at-home spouse likely has a large gap in their professional resume as a result of their role in the family. This may make it difficult to find gainful employment. Spousal support may also be necessary in situations where one spouse makes much more money than the other but both work outside of the home.
Spousal support is not necessary in all divorces. If you and your spouse make similar incomes, alimony will likely not be a factor in divorce negotiations.
If you have children, additional negotiations will be necessary during the divorce process. The law requires that you and your spouse both continue to contribute to the upbringing of any children that you share. This may be done through child custody.
There are many options for custody agreements. They include:
The court always does what is best for the children in a custody situation. They may look at factors such as:
If one parent is not fit to be a guardian of their children, they may have to contribute through child support instead. These payments are proportionate to the parent’s income, the custodial parent’s financial contribution, and the amount of custody that each parent has. It is possible to have some custody and still be responsible for paying child support.
It is extremely important for you to hire a divorce attorney for your divorce process. This process is complicated, with many different considerations. It is vital to have someone on your side who understands the details of these decisions and who can advocate for you in court. Even the most amicable separations can become contentious. Therefore, it is crucial to have a legal expert on your side to ensure that you get what you deserve.
Experience is the most important trait in a divorce attorney. When you interview potential attorneys, be sure to ask about their experience and the outcome of their cases. They should have direct experience with claims like yours.
In some situations, mediation may be appropriate for your divorce. In this situation, you and your spouse hire a single mediating attorney to represent the two of you. The mediating attorney will facilitate negotiations, help steer conversations when necessary, and make sure all decisions are legal. However, you and your spouse will be doing most of the work. You will have to negotiate directly with one another to come to terms that work for you.
Mediation is not right for everyone. Working directly with one’s spouse during a divorce can be emotionally difficult. Resentment and bitterness can lead to fighting and vindictive behavior. Mediation is only available to those who can collaborate, compromise, and remain civil with their spouse during divorce.
Having an uncontested divorce means that the terms that the serving spouse outlined in the original divorce papers were accepted by the other spouse. In other words, both spouses agreed immediately on the terms of the divorce, and negotiations are not necessary. Although this is rare, uncontested divorces do happen, and they take the shortest possible amount of time.
Each attorney charges differently for their services. Some attorneys charge hourly, while others charge a portion of the settlement. Divorce lawyers usually charge an hourly fee, which averages between $150 and $330 per hour. Be sure to discuss fees with any potential attorneys that you interview. This ensures that you can afford their services and will be able to pay them for the duration of your divorce process.
The average retainer fee for a divorce lawyer is between $3,000 and $5,000. However, this amount does go toward your final payment in most cases. Attorneys usually repay any remaining funds at the conclusion of the case. Be sure to discuss the retainer fee and overall cost with any attorneys that you consider. If you are not clear about finances, it is easy to get into trouble or end up spending more than you expected.
If your divorce is uncontested, there is still a $435 filing fee in the state of California. This does not account for any legal help that you use to draft the agreement or any money spent to serve your spouse with the divorce papers. It also does not account for the money you will lose by dividing your assets. You will no longer have access to half of what was formerly yours.
For around two decades, our team has been honing its skills in divorce negotiations. We have a deep and thorough understanding of the laws surrounding divorce and how to use them in our clients’ favor.
For more information, or to schedule a consultation, contact the Law Offices of H. William Edgar.
We know every case is unique and always provide personalized counsel.
We don’t drag our cases out, which saves you time, stress, and money.
We deliver the straightforward, honest counsel you really need.
Our priority is to help you get the results your family deserves.